The Washington times., 1902-09-05
BAIL DENIED JOHN C.
NELSON BY JUDGE Love
Must Remain in Jail Until
= Second Trial.
That Is Set for September aa-Appeal
Will Be Taken to Circuit
Court.

John G.. Nelson. who is charged Will
having destroyed the gambling houses Il
| Jackson City on the night of July IA last
must remain in Jail until September %
when he will.be arraigned for the SECOND
! time. charged with arson. At least thi
/ is the decision of Judge j. VI. Love, WHIT
| while presiding over the court of Alex
andria county at Fort Myer Heights
Va, yesterday, heard and denied the
request for bail.
| Messrs. Charles r. Bendheim. JOSEPH
| Shillington, and r. Walton Moore, coun-
sci for the accused, held conferenc,
last evening and decided to make an ap
peal to Judge Charles E. Nicol. OF the
circuit court of Virginia. This petition
will be presented within the next two
or three DAYS and action is expected
within a week. Spectators in the court
room. were somewhat surprised tina,
| Judge Love should have refused bail
claiming that the testimony given during
the trial was such as to surprise those
who had formed their opinions prior tc
the trial, which resulted in hung
jury
The case was the first called by Judge
Love yesterday morning. and Attorney
Bendheim. who was the only member OF
the defendants counsel present, made
request for bail. The counsel stated
that the developments during the trial
were such as would tend to induce the
court to look favorably upon the appli-
cation Mr.. Bendheim alleged that his
clients health had been affected seri-
ously by close confinement and there
was no reason why he should be kept in
Jail pending the second hearing of the
case.
DIR. Harry C. Corbett who has been
in attendance since the breakdown OF
Nelson during the hearing of the case,
was then put on the stand to testify
as to the health of the accused. He
stated that he was suffering from nerv-
Gus arrangement and testified that con-
fnement world tend to aggravate The
case He said that al the present time
the prisoner was not in serious con-
djtion but that it would be impossible
to predict the outcome OF his troubles
Commonwealth's Attorney Charles E.
Clements opposed the request that the
prisoner be admitted to bail and Mr.
Edmund Burke, his assistant, seconded
his associate. They set forth that Nell
son had skipped bail several years ago
and failed to turn up for trial for over
a year after the date set for the trial.
Again, they stated, he had once Teen
admitted to bail in the case now pend
IN inc i'm harpnn
say to forfeit his bond and issue a
bench warrant before he appeared. Al
ter this the court. had refused bail and
they insisted that there had been no
change in the situation since that time
They asserted that il would not affect
his health to any extent TO mol. MIN
prisoner until the date set for trial AMI
urged that it was for the best interests
of the community that the application
fol bail be refused.
Anticipated No Objections.
Attorney Bendheim made answer to
the reply of the prosecuting attorneys
and said he had not anticipated any OBJ
lection to the release of the prisoner on
bail. The court, he said. had been in
formed as to the cause of Nelson's abb
sence when it was thought he had for
feited his bond. and there was appar-
emily no reason why he should not be
given his liberty.
The prosecution. he said. had prac;i
cally abandoned the idea that the build
ings were dwellings,, and there was no
possibility of the accused being punish
able by death in the event of a convic-
ton. He submitted that the prisoner
t,,,tt
ed that the amount be reduced from
Sc 600, which had been put up before the
first hearing.
Judge Made No Comment.
Judge Love refused bail without com
ment Nelson had not been brought over
from the Jail during the hearing OF ar
guments. and Messrs. Shillington and
Moore, who. with Mr.. Bendheim are rep
resenting him, were not present during
the hearing. Relatives and friends OF
the accused, as well as many residents
Of the county, however. listened to the
arguments.
While it had been intimated that the
case against Nelson would be dropped.
the manner in which he prosecution
opposed the application for bail shows
that 1t will be fought to the bitter end
Nelson Was Surprised.
When seen yesterday after the ap-
plicaton for bail the prisoner declined |
10 be interviewed. He admitted that
The decision of the court came rs a |
but said his hopes Were strong |
hat Judge N:col would look at the case
IN another light.
Jack Tighe. who is also charged |
with having set fire to the jackson City |
with Nelson. will be arraigned |
'or trial on Monday next. He has been /
confined in Jail since few nights after
he fire and looks much better than be-
ore he was placed under arrest. He
will be represented BY Messrs Machen
md Moncure as attorneys. Tighe had
prmerly been employed In the policy
shop conducted by Frank Foster and
,harles Sanderson, who brought the
,harges against Nelson and Tighv.
uoTEI ADpJyAJ