The Washington times., 1902-08-31

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the jury at the Alexandria county court
house at 4:5O o'clock yesterday after
noon. and fifty minutes later that body
reported to the court that they were un-
able TO agree on a verdict. Ten of the
twelve men who listened since Monday
morring to the evidence and arguments
in the case we're in favor Of acQEtting
the prisoner OF the charge Of burning the
resorts at jackson City on the night Of
July II, and two of them voted him
guilty.
At $40 O'Clock, when the jury returned
TO the courtroom in charge of the sheriff
and announced their inability 20 agree,
Judge Love ordered them 20 retire for
further consideration and report the re
suit of their deliberations at $3.50 o'clock
on Monday morning.
If at that time the twelve men have
not reached verdict, the jury viii be
discharged, new one impaneled, and
the case tried again.
jury Likely to Agree.
1t is not thought likely. however. that
this result viii come about.
Nelson and his friends are confident
Of an acquittal. Even if verdict is
agreed on before tomorrow morning the
jury will remain in charge of the sheriff
until court copvenes at $3.50 tomorrow,
under instructions not TO reveal the re-
sui; of their deliberations until that
time. Under the law, as practiced in
Virginia. they will not be allowed 10 de-
liver sealed verdict and then retire to
their homes. nor even to intimate that
they have arrived at one. no matter what
its tenor, until tomorrow morning. The
closest watch is kept over the jury by
Sheriff Palmer.
The entire day from 9:45 in the morn
ing until 4:50 in the afternoon yesterday
was occupied by the arguments of the
counsel When the court convened the
judge gave TO The jury his Instructions
covering the legal aspects of the. case.
The court room was crowded all dur
ing the arguments. and the most intense
interest prevailed. Nelson's father and
other relatives were anxious and inter-
ested auditors Nelson appeared cheer
full and stated TO a Times reporter last
evening that he was feeling sanguine as
recess, when he was taken TO his cell at
the Jail for lunch, he climbed up at the
window and locked out at the crowd.
large number Of people, mostly friends
OF the accused. were collected in the
jail yard, and Nelson passed the neon
hoaf 'joshings and passing rhs time of
day with mis- acquaintance.
The Closing Arguments.
The prosecution and the defense each
consumed three hours in making their
appeals TO the jury Attorney Samuel
G. Brent opened The case for the prose-
eution. speaking thirty minutes. He
said that the defense had not proved the
alibi it sought to establish. and at
tackled the credihiIitys Of several Of The
witnesses for the defense. a number
OF witnesses swore that they had seen
Nelson in Aluan's saloon about 1880
O'Clock" on the night Of the fire. Mr.
Brent said the defense had moi brought
forward any testimony to prove that
Almans clock was right which proof
rested with them il they were to prove
a complete alibi. He concluded his
speech by asking for a ve-dict OF guilty.
Mr.. Brent was followed by Attorney
defense. Mr.. Bendhelm reviewed the
testimony for the prosecution. saying
that il bore inherent marks Of falsity.
He said that La Fontaine, when on the
stand. had reminded him OF the villain
in the play. and asked the jury 20 dis
credit his testimony. as he was one of
the ring of gamblers who had combined
to oust Nelson from Alexandria county
by fair means or foul The testimony Of
the defense, he said, established a com
pIete alibi. and the prosecution had
cross examination or rebuttal testi-
mony.
Mr.. Burke's Address
Mr.. Bendhein1 vas followed by Attor-
ney Edmund Burke, Of this city in an
eloquent and lengthy address for the
prosecution. He declared that the pros
ecution started with the hypothesis that
the IRE was Of iucendiary origin. aIr.
Burke dwelt upon the motive for the al
legged crime Ho said that Nelson was
the only man who had feelings OF malice
and hostility against Sandcrson and Fos-
ter sufficient TO prompt him TO such an
act. He called the attention OF The jury
to the evidence Of James La Fontaine
the proprietor OF the burned clubhouse.
in which La Fontaine stated Nelson had
practically admitted 10 him setting FIRE
to the policy shop shortly after the
fire. He said that every witness who
was In Jackson City al he time the
fire broke OFT had testified that Nelson
was there at the time, and that the de-
fense mad put on the stand no one who
testified TO having been at the scene OF
the conAagration at that time. Nh
1880 O'Clock with a strong appeal 10 the
Jury TO find for the prosecution in the
interests Of law and order ana justice.
Court Took Recess.
Tho court took a recess from 1850 uu-
III l:25, when Mr. Joseph shiuington. of
this city. addressed the jury in behalf
of Nelson.
Mr. sbilington reviewed the testi-
moDy in detail stating that not only
had the prosecution failed ifs proof
thar Nelson was the. ineend'ary. but the
defense had absolutely established 10y
the evidence Of credtable Hitncsses the !
fact that Nelson was In w hmgtou at /
the time the FIRE broke out he referred /
TO the alleged combination Of gambler |
against Nelson. Frank Foster he SAID. |
who was the man who had sWoru out the 1
warrant for the arrest OF Nelson. was "a /
witness at the hearing az which the in |
dictments were returned. He said that /
the prosecution had not put Foster on /
the witness stand at the trial Laratfsp (