The Washington times., 1902-08-29
Attempt to Show Defend
ant in Washington
When Fire Started.
BRIBERY is ALSO CHARGED
Defense Endeavors to Prove Con-
spiracy Exists to Send Prisoner to
Penitentiary Through Alleged Gam
blers Hiring Witnesses.

There were two sensational turns TO
the Nelson arson case yesterday. The
defense offered the testimony of James
Burke. an employe of the defendant to
prove that Nelson was in Washington
on the night of the fire, and while driv-
ing to Jackson City first learned Of the
burning by seeing in the sky the retiec-
tion of the conflagration. while they
were fully a mile away. The counsel
for the defendant also created a mo-
mentary furry of excitement by declar-
ing that a conspiracy existed among the
other alleged gamblers to send Nelson
to the penitentiary.
The counsel for the defense sought to
have admitted the deposition of a col
ored man named Henry Williams, in
which Frank Foster. Nelson's former
partner and the man who swore out the
warrant on which Nelson was arrested,
IS charged with having attempted to
bribe Williams to give damaging testi-
mony before the grand jury.
Judge Love ruled that the deposition
was not admissible as evidence before
the jury, and the counsel for the defense
took exception to the ruling. The de-
fense also tried to introduce as evidence
the record of a civil suit brought by
Foster against Nelson, after the fire.
II was alleged that this suit was brought
after certain so-called bridging over"
negotiations had fallen through.
James La Fontaine, u part owner OF
the clubhouse which burned, and one Of
Nelson's associates in the alleged gam
bling concerns; testified on Tuesday that
he had advised Nelson, subsequently to
the fire, to bridge over the affair with
his former associates. He denied, how
ever, that by this he had meant the
payment of money TO stop prosecution
of Nelson on the charge of arson.
The counsel for the defense contended
that the record of the civil suit was ad
missible as evidence as it tended to
show a conspiracy among the sporting
element TO get Nelson out of the busi-
ness. The court ruled against the in
PRODUCTION of this evidence, and the de-
fense again noted an exception.
Nelson Did Not Testify.
The defense rested its case at .
O'Clock yesterday afternoon, Nelson not
having been called to the stand. Six
witnesses were put on the stand in be-
half of the prisoner yesterday. large
part of the time being consumed in the
argument of legal points regarding the
admission of evidence.
The prisoner, who was taken Ill on
Wednesday, was much better yesterday,
although he took medicine several times
during the course of the trial.
The court took a recess from 12:4O
until 1870 p m. yesterday. The next
hour was occupied in the preparation of
a bill of exceptions to the rulings OF
the judge by the counsel for the de-
fense. 1t was decided at 2:4o p. m. to
adjourn until o'clock this morning. as
Mr.. Burke. for the prosecution. was
slightly indisposed.
The testimony in rebuttal will begin
this morning. After this the defense
will put on the stand witnesses in sur
rebuttal. 1t is likely that there will be
a great deal of argument by the oppos-
ing counsel before the terms of instruc-
tions are agreed upon. -Four hours viii
be allowed to each side for argument.
The date at which the case will 90 to
the jury, therefore. depends upon the
length of the testimony in rebuttal and
the amount OF legal quibbling over the
prayers. 1t is hardly probable that the
case will go to the jury before tomorrow
afternoon.
]. W. Albrittain, Of 1912 East Capitol.
Street, a telegraph operator. employed
by the Pennsylvania Railroad at the
north end of the Long Bridge, was the
first witness to testify yesterday. Mr..
Albrittain was stationed at his tower on
the night of the fire. He saw the fire
break out at about 1920 o'clock Oh that
evening. His testimony was in corrob-
oration of that OF Orange McNeal, who
testified Wednesday as to the time the
fire broke out. The witness said he saw
McNeal at The bridge.
Where Defendant Was Seen.