The Washington times., 1902-07-30
Alleged Firebug Furnishes
$4,000 Surety to Ap-
pear for Trial.
SPECIAL GRAND JURY FRIDAY
How Legal Battle Results in Temporary
Triumph for the Defense - Nelson's
Former Fai Swears Out Three More
Warrants-Coup of the Prosecution.

After stubborn legal fight lasting
six hours on Monday and five hours yes
terday, John C. Nelson. who had been
confined in the Alexandria county Jail
for the past ten days, charged with ar
son, was admitted to bail in the sum OF
$4,000 yesterday.
1t was provided that he must appear
at the Alexandria county courthouse on
Friday morning. when a special grand
jury viii investigate the circumstances
attending the fire at Jackson City on the
night of July a.
There was a large crowd present when
the court was convened shortly after 10
o'clock yesterday morning, and the piles
of law books stacked on the desks pre-
saged a bitter legal fight. All the evil
dence in the case had been submitted
on the previous day. but it was of such
a contradictory character that it was
somewhat difficult to separate the truth
from falsehood, and the attorneys, in
their arguments, paid their compliments
to the testimony of many of the wit
nesses.
Nelson was not in court when the
hearing was in progress, but Foster.
Sanderson, and most of those who had
given their evidence on the previous day
were interested spectators.
Mr. Clements Plea.
Commonwealth Attorney James E.
Clements. who presented the first argu-
ment, painted picture of the devasta-
Nelson, in which he likened him to the
James boys and the outlaw Tracy.
''It will not hurt him to stay in jail.'
said Mr.. Clements. "He does not COM
plain of the confinement. and there is
no apparent reason why he should be
admitted to bail The defense has not
attempted TO prove that Nelson did not
burn the houses, but that the houses
were only casually inhabited, in order
to eliminate the question of capital pun
ishmelt.l
Mr.. Clements asked that the applica-
tion be denied. and that the prisoner
be remanded to Jail.
THE hearing at this time" said Mr..
Charles P. Bendheim. who opened for
I0e utItDSe, nut Cu Lut
innocence OF Nelson, but as to whether
the accused can be convicted of a capt.
tai offense.
1T is not material at this time to go
into the subject Of the guilt or inno-
cence Of the defendant The buildings
burned were not dwelling houses. but
were erected solely and exclusively for
gambling purposes. The evidence con-
clusively proves this.
Foster said he had seen a man
sleeping there several times, while three
other witnesses said there was no sign
of a bed in either Of the buildings
What is desired by the opposing side.
however, is to cripple Nelson by in
carceration, so he cannot prepare his
case before it comes to trial. Ne did
not intend to introduce testimony. but
simply showed there was nothing sus-
picious in Nelson going to Jackson City.
where he was in business. There is no
reason why Nelson should not be ac-
corded bail"
Anticipate No Trouble.
I'VE should not anticipate trouble
with Nelson and punish him in ad-
vance, said Mr. Joseph Shillington, who
his colleague.
''The Commemorative attorney may
fear the consequences of the release Of
Nelson, but there are laws on the
statute books to punish him. even should
he raise his finger against anyone.
THE prosecution has not brought out
any motive for the crime. and the fact
that Nelson was interested in the build
ings destroyed would be a reasonable
that he did not fire the
''And then, in my opinion" said Mr..
'the common sense deflni-
tion OF a dwelling is a place made
sacred by the home and not a gaming
resort The fact also was shown
that Tighe, the only one whom 1t was
to prove slept at the place.
was out at the time Of the fire. There
is not the least bit of evidence to show
CONTINUED on Fourth Page.l