The evening times. [volume] (Washington, D.C.) 1895-1902, 1902-09-04
Application for Bail in
jackson City Case Re-
fused by Court.
TO APPEAL TO CIRCUIT COURT
Prosecution Vigorously Opposes At
tempt to Secure Freedom on Ground
That Prisoner Once Before Forfeited
BaiI-PIea of IIl-Health Made.

Judge J VI. Love, presiding over the
court of Alexandria county court al
Fort Myer. Va. this morning refused
bail for John c. Nielsen, who is charged
with having set fire 70 the gambling re-
sorts at Jackson City on the night OF
July Il last. An appeal will be made
BY Nelson's attorneys TO Judge Charles
z. NicoI, of the circuit court, for the
release OF the prisoner until September
p, the day set for the second trial
The case was called up shortly before
10 O'Clock. when Attorney Charles R
Bendheim, one Of the counsel Tor the
defendant, made request for bail.
This was based on the ground that he
was entitled 20 bail as q matter Of
course. and especially in view Of the
developments during the trial.
Nelson's Health Affected.
Mr.. Bendheim in addressing the
court stated further that his clients
health had been affected seriously by
close confinement and there was ap-
parsntIy no reason why he should be
kept in Jail pending the second hearing
OF the case
DR.. Harry c. Corbett. who has been
IN attendance since the breakdown of
Nelson during the hearing o. the case.
was then put on the stand to testify
as 70 the health Of the accused He
stated that ne was suffering from nerv-
Gus arrangement and testified that con-
fnement would tend TO aggTaVate the
case. He said that at the present time
the prisoner was not in a serious con-
- III
to predict the outcome OF his troubles
Forfeited Bail Once.
Commonwealth Attorney Charles E.
elements opposed the request that the
prisoner be admitted TO bail and Nj.
Edmund Burke. his assistant, seconded
his associate. They set forth that Mel
son had skipped bail several years ago
and failed 20 turn up for trial for over
year after the date set for the trial
Again. they stated. he had once teen
admitted to bail in the case now pend
inE against him and IL became Deces-
say t. forfeit his bond and issue Z
bench warrant before he appeared AZ
ter this the court had refused bail and
they insisted that there had been nc
change IN the situation since that time
They asserted that il would not affect
his health to any extent 10 helt hiH
prisoner Until the date set foE, trial an.
urged that il was for the best Interests
of he community that the application
fcE bail be refused
Anticipated No Objections.
Attorney Bendheim made answer tc
The reply of the prosecuting attorneys
and said he had not anticipated any OBJ
lection to the release OF the prisoner OF
bail The court, ne said, had been in
formed as to the cause Of Nelson's alb.
sence when it was thought he had for
1eited his bond, and there was appar-
emily no reason why ne should not bC
given his liberty
The prosecution. he said. had practi-
cany abandoned the idea that the build
ings were dwellings, and there was n
possibility OF the accused being punish
able by death in the event CT convic
ton lie submitted that the prisoner
should be released on bail and request
ed that the amount be reduced from
5000. which had been put up before tn
first hearing
Judge Made No Comment.
Judge Love refused bail without com
menJ. Nelson had not been brought ove1
from the jail during the hearing OF ar
guments, and Messrs ShilIington an,
Moore, who, with 81r. Bendheim are rep
resenIing him. were not present durin,
the hearing. Relatives and friends o
The accused, as well as many resident
Of the county, however, listened 10 ,hr
arguments.
While i had been minated that III,
case against Nelson would be dropped
The manner in which The prosecution
opposed the application for bail show
that II VIII be fought % the bitter end
Nelson Was Surprised.
When seen this morning after The ap
pIicatien for bail the prisoner decline,
90 be interviewed. He admitted ths
the decision CT tia court came as
surprise, bit said his hopes were stroni
that Judge N5col would look at the cas-
ia s,a5ther light.
JscK Tighe. nho is also charge
rith having set IRE 10 The Jackson Cit
resorts with Nelson, viii be a-raigne
for trial en- Monday next lie has bee
confined in jail since few nights afte
the fire and looks much better Iuan be
fore he was placed under arrest. Il
wiz be represented by Messrs Macher
and Moncure as attorneys. Tighe ma
formerly been employed in the polio
shop conducted b. Frank Foster an
Charles SandeFson. who brought n
charges eSoinst Nelson and TiChC-