Evening star., 1902-08-28
THE NELSON HEARING
-'e7 !
Defense Claims an Alibi and
Alleges Conspiracy.
.Ev1DEnpGlADDUcED cED
EFFORT OF peuhsH1 TO SHOW
MALICE toward CLIENT.
Witnesses Testify That Defendant
Was in Washington the Night
of jackson City Fire.

| go - ~
| John Nelson had sufficiently recovered
| from the sudden attack of illness which
necessitated his removal from the court
| room yesterday afternoon to occupy his
usual seat by his attorneys during the pro-
| ceedinss of his trial for arson in the Alex
andria county court today, although he pre-
sented a haggard appearance. During the
| proceedings medicine which had been left
| for him by his physician was administered
| at intervals during the progress of the
| trial.
Mrs. Nelson and other relatives sat near
| the defendant, as they had done in the pre-
| ceding days of the trial.
| The testimony introduced by the defense
| today was substantially along the same
| line that adduced yesterday the purport
of which was to prove an alibi Several
witnesses were sworn who corroborated the
| statements already given about Nelson
! being seen in saloon on 14th street few
minutes after the fire broke out The prin-
cipal statement made by nearly all these
| witnesses was that they had met defendant
| as late as 1880 O'Clock in saloon the night
| of July IA.
Referring this morning to the question of
| costs growing out of the forfeiture and re-
| mission of the $4,000 recognizance Judge
| Love said he thought the proper amount
had been named. This sustained the con-
tentfon of counsel for the commonwealth,
although the opposing attorneys had made
| no attempt to debate the point.
First Witness Called Today.
]. w. Albrittain, of 1912 East Capitol
! street. a telegraph operator employed by
| the Pennsylvania Railroad Company at the
| tower at the north end of Long bridge. was
! the first witness placed on the stand by the
| defense this morning. 1t was the intention
of counsel to corroborate the testimony of
| Orange McNeal, given yesterday in which
| he swore to having seen Nelson at the
north end of the bridge after the fire start
| ed. sharp tilt occurred between counsel
| as to the admissibility of the testimony of
| Albrittain. as it was conceded by the de-
! fense that he had not seen Nelson the night
| in question. Judge Love sustained the OBJ
lection of counsel for the commonwealth re-
| garding McNeal's testimony and an exceD-
| tton was noted by the defense
! a new line of questioning was then
| adopted which brought out the statement
that the witness had observed the flames at
| 1920 pm. Under cross-examination the
| witness said McNeal was at the tower
| house when the fire, broke out having ar
rived there five or ten minutes before.
| John A. Graham, employed in the bureau
| OF engraving and printing, whose home is
| at 1903 E street northwest testified to hav-
| ing seen the defendant in a saloon on 18th
| street southwest the night of the burning
| of jackson City, He said he saw Nelson
| as late as 1920 O'Clock. The same facts as
| to Nelson's WHEREABOUTS were stated in
| the testimony Of'Wilham A. Carroll bar
! keeper, residingda 3aS 18th street south
| west He, however, went farther than the
| preceding witness in stating that he saw
| the defendant as late as 10:30 o o'clock the
| evening in question, at which time he was
| in a saloon and was making no prepara ton
| to leave SO farhas the witness could see.
William Summers, who was a bartender
< ~ IaYr1a He iy0- aclyS Sn1o
| City the night of the fire, was next called.
| He saw Nelson get out of a buggy in front
| of Wells saloon after the fire had made
some headway. When Nelson aIighted
| witness thought it was nearly II O'clock
| although he had no means of knowing the
| exact time. There was another man in the
| buggy with the defendant at the time.
| Deputy Sheriff Harry Palmer was placed
| on the stand and told of having summoned
man named Nose Jackson to testify for
| the commonwealth.
Case Takes a New Course.
The case at this juncturo took new
! turn. I'VE wish to offer in evidence now
a civil proceeding concerning Frank Fos-
| ter, the party who is proved to have started
these proceedings" said Mr.. Moore, and
the jury retired by order of the court.
| The proof said counsel, shows that
Foster swore out the warrant in this case,
and the evidence further shows that ef
| fort was made by Foster and his associates
to keep Nelson out of Virginia" Contin-
| u1ng, Mr.. Moore said Foster had been kept
| off the stand, he thought, for purposes
| agreeable to the commonwealth. Mr..
| Moore declared he would show by the move
| he was making that there had been deep
| ly layed plot on the part of certain mem
| bers of the sporting fraternity to prevent
| Nelson from doing business in Jackson City,
and to push him to the wall. He referred
| to a civil suit which, it was alleged, was
| in tinted nv Fnstpf nd others before Mol
| son was arrested on the charge of arson.
! Replying, Mr.. Burke of counsel fer the
state vigorously opposed the motion of at
| torneys for the defense, urging that the
matter was wholly irrelevant, and that it
was not before the court in sufficient man
| ner to justify its consideration.
the commission of a felony , shall not not
| stay or merge any civil proceeding, MIR.
| Burke quoted from the statute.
| He was followed by Mr.. Bendheim, who
| argued that the jury should know of the
| alleged combination of gamblers of Alex
| andria county against the defendant, with
| a view of eliminating him as a factor in
| the county. After hearing arguments at
| length Judge Love held that the civil case
| had nothing to do with the criminal pro-
| ceedin2s, and ruled against the motion, to
| which ruling an exception was noted by
| Nelson's counsel.
Cited Damage Suit
| The ground on which the motion was
| founded was civil suit for damages, which,
| counsel alleged, had been brought for 5000
| against Nelson by: Foster and others.
| pending. Mr.. Shfl1ington, who was out dur
| ing the argument, 4then asked the court to
| consider new facts, showing attempted cor
| ruption and bribery Hinnthe case, which. he
| said, had come into his possession. From
| paper he read, words alleged to have been
| made by colofed man named Harry Will
| liams, showing an attempt made by Foster
| to get Williams to $50. before the grand
| jury with a statement about Nelson's move
ments the night of the Jackson City fire.
In the alleged interview between Foster and
Williams, as read sbyoMr. Shillington, Will
| liams alleged that Foster said to him: You
| know all aboutI1this fire business. Tell us
| all about it. You know that Nelson cares
nothing for yous Now, If you know any
thing about the-ffre, tell me-"
TO which, according to the statement
read, the colored man replied: Il know
| nothing more ABOUT It than you do and you
were in WashinEenss
Other conferences, the man declared. were
sought by Foster, who was alleged to have
told Williams tesstate the following: Then
state to the grand Jury these words, L
heard some one Knocking on the door of the
thar