Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-07-28
JOHN NELSON BEFORE COURT.
Preliminary Hearing Before Judge
Love on Charge of Arson.

John c. Nelson, who is charged with hav-
ing Set fre to the gambling houses at Jack
son City about two weeks ago, was given
hearing this morning before Judge ]. NJ
Love, sitting at the Alexandria county
court house, at Fort Myer Heights. The
question Of bail was the subject of q
lengthy discussion between the common
wealth attorneys and the counsel for the
accused
commonwealth Attorney Clemments
stated that the fact that Nelson had waived
preliminary hearing before a justice of
the peace put a different phase on the
status OF the case. He said Nelson Is now
SIMPLY awaiting the action of the grand
jury, and 1t would only be a matter of a
oay or two before the case should go to
the special grand jury for which he was
likely to ask.
Attorneys r. Walton Moore, Joseph Shil-
iington and Charles Bendheim. for the de-
tense. combated Commonwealth Attorney
Siemments contention vigorously, :. ana
stated that Nelson had the right to be ad-
mftted to bail should the judge feel justi-
ned In fixing bond.
This point, however, was laid aside and
Judge Love announced that he was ready
to hear the case on its merits. He said he
would decide as to the bond at the conclu-
sion OF the hearing.
The attorneys on both sides parleyed for
some time as to whether the prosecution
presenting the facts of the case to the
court. Judge Love sustained the contention
OF the defense In this instance and said that
1t was customary for the government to put
the facts before the court.
William j. Smith, who Is EMPLOYED az a
driver OF vehicle which conveys frequent
ers Of the gambling shops from this city to
jackson City, was the first witness for the
prosecution. He stated that John Tighe,
who, with Nelson, is charged with burning
the gambling shops, boarded his convey
ance on E street between 18th and 14th
streets this city. He said Nelson hailed the
vehicle near the bureau of engraving and
printing and that both men rode a little
beyond the south end Of the Long bridge,
where they got of.
Nelson, he stated. went into a building
and got a key from Tighe. Smith said he
saw Nelson go into the west house. The
witness further stated that he heard Mel
son ask Tighe If he had any kerosene oil.
Ttghe. according to Smith, said no, but
added that he thought Nose had some.
The witness said the fire broke out about
ten minutes after Nelson and Tighe entered
the building.
The defense cross-examined the witness.
but were unable to obtain any additional
information.
Henry Clayton, colored. who was en-
ployed at the club house, was the next wit
ness for the state.
He said he saw Nelson the night of the
fire go In the front door Of the policy
shop. and that the fire started as Nelson
left the building Witness said that three
houses. the policy shop. the club house
and the Myers House were burned.
William B. Tippett of $40 F street south
west said he saw Nelson over In Jackson
City the night Of the fire, and that ne the
witness, had his horse tied near the place
which was set on fire. When the fire start
ed, he said. he went over to the burning
building. and Nelson cautioned him not to
go into the place.
Frank Foster. one Of the men who swore
out the warrant for Nelson's arrest. was on
the stand when The Stars report closed.