Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-02-17
Editor Lyon Declines to Pros
ecute Attorney Clements.
THE CHARGES FILED
PROSECUTING ATTORNEY MACK
Ely OBTAINS A WARRANT.
Clements Accused of Firing Revolver
at Lyon During Personal Difficulty
Yesterday Afternoon.

| Special Correspondence of The Evening Star.
| ALEXANDRIA, Va, February II, 1905.
| Attorney Frank Lyon. editor of the Alex
| andria County Monitor, whose name APP
| peared In warrant issued last evening by
| Justice Hagan of Washington district,
| Alexandria county, the complaint of
Commonwealth Attorney Mackey, charg-
| ing Attorney James E. Clements, superin-
tendent of schools in that county. with
| felonious assault, today refused to appear
| against Mr.. Clements at the Alexandria
| county court house.
| Mr.. Lyon stated that it was over his ear
| nest protest that proceedings had been in
stituted against Attorney Clements for his
| use Of a pistol in the personal encounter
with Mr. Lyon, which occurred at the
| court house yesterday afternoon about
o'clock
The hearing had been set for this morn
ing at 10 o'clock before Justice Hagan, but
peared.
After again announcing his position to
Mr.. Mackey, Mr.. Lyon left the court
house. and, in consideration of his refusal
to appear against Mr. Clements the prose-
cutting attorney changed the warrant so
as to make the charge that of carrying
concealed weapons. Justice Hagan and
Mr.. Mackey waited at the court house I'M
til about l o'clock, when they left Mr..
Clements not having made his appear
ance.
No order was entered but the case was
simply continued by reason of the absence
of the defendant
Mr.. Mackey said he considered the action
of Mr. Clements in absenting himself very
strange, as he had promised the pros
ecutng attorney in Washington last night
that he would surely be hand for a
hearing at 10 o'clock this morning.
The Offense Charged.
Proceedings We're instituted against Mr..
Clements for his alleged criminal use of a
pistol in a personal encounter with Mr..
Lyon yesterday afternoon at the door of the
law office of the latter in the court house
building. According to the statements of
others in the building. the trouble occurred
when Mr. Lyon invited Mr.. Clements to his
office on the second floor to discuss a per-
sonal difference.
Warm words were passed when those
down stairs heard sounds of a scuffie, fol-
lowed by the discharge of pistol. Sew
eral who ran to the scene found the attor-
Eeys graphing with each other while Mr..
Clements held aleft smoking revolver.
Mr.. Harry Thomas. the deputy clerk, was
one of the first to reach the contestants,
whom he endeavored to separate.
He saw Mr.. Clements in the act OF firing
the pistol, but was of the opinion that he
had not attempted to hit his opponent. The
two bullets cut holes in the wall Mr.
Clements then dubbed his weapon, using
it, over the head of Mr.. Lyon, and inficting
several ugly scalp wounds, from which
blood flowed freely.
Finally the comba tants were separated
and Mr.. Lyon was escorted to the George
| town University Hospital, where his
wounds were dressed Mr. Clements pro-
ceeded to his office-in Washington. He re-
fused to give himself up there when sought
by, Prosecuting Attorney Mackey. Jailor
Collins of the county and a Washington
officer. who went to the office to arrest him
tJ,n ont n,tt
gan.
Mr.. Clements claimed that the proceed
ings were illegal and offered to furnish
bond for his appearance. and this Mr.
Mackey refused but later left him in front
of the premises after receiving Mr.. Glenn
ents' promise, together with assurances of
some of his frineds, who with him,
that he would appear this morning.
Mr.. Clements Statement
According to the statement of Mr. Glenn
ents, he was called by MI. Lyon to the lat
ter's office, where he was asked if he had
not circulated defamatory reports about Mr.
Lyon. Mr.. Clements said he admitted hav-
ing criticised certain editorial utterances in
the Alexandria County Monitor. mentioning
particularly a statement in which certain
residents of the county had been referred
to as dogs of an inferior breed
Mr. Clements said he asked Mr. Lyon to
drop the matter whereupon the latter
sprang on him, striking him several blows
in quick succession. Mr.. Clements said
that, having been somewhat exhausted by
his climb up the stairs, he felt compelled
to defend himself by drawing his revolver.
He said he had fired twice, with no inten-
ton of hitting Mr.. Lyon but in the hope
Of attractin the attention of some one
who would interfere. He said when Mr..
Lyon failed to relinquish his grip he used
the butt end of his weapon.
The Editors Point Of View.
In regard to the difficulty, Mr.. Lyon made
a statement to the effect that the trouble
grew out of Mr.. Lyons conduct Of the
editorial columns of the Alexandria County
Monitor; that Mr.. Lyon was the aggressor
in the matter, and attempted to strike Mr..
Clements with his bare hands; that there
upon Mr.. Clements drew pistol and struck
Mr.. Lyon on the head about eight times
and fired two shots at him at close range
Continuing, he said the controversy was
purely a personal one between Mr.. Lyon
and Mr.. Clements, and that he felt per-
fectly able to settle his own personal diff
culties; that the action of the common
wealths attorney in issuing the warrant
was taken over his (Mr Lyon's) protest, |
and that when he found the warrant had
been issued he Informed the common
wealths attorney that he would state be-
fore the justice that he was the aggressor, |
had intended to be the aggressor and would |
be again under the same circumstances.
He stated, Furthermore, that whether |
Mr., Clements, man three lHcHeS tdller |
than myself, and weighing at least fifty |
hounds more was justified in using a |
deadly weapon In his defense was a ques- |
ton for Mr. Clements to determine at that |
time, and for the public thereafter, and that !
if he was not justified did not desire him !
prosecuted for same, but prefer to leave the |
matter to public opinion in the community |
where | reside.
Mr. Lyon stated that he had never car |
ried a revolver for his personal protection, |
and never intended to do SO. He said this |
fact was well known by the people of the |
county.
MOT COIn WAur