Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-08-23
ALEXANDRIA AFFAIRS.
State Court of Appeals to De-
eide Annexation Case.
H0LD-UPs ARE IDENTIFIED
Three Col0red Men Held for Grand
Jury-Horning Wins
Fight.
Special Correspondence Of The Star.

| Special Correspondence Of The Star.
! ALEXANDRIA, Va. August %, 1913.
! A petition Of appeal in the city's annex
| alton case will be presented to the state
court of appeals in Staunton at it's SEES
sion next month. The record in the case
has about been completed and is volumi-
nous. embracing 400 typewriter pages
In addition to this number Of plats and
documentary evidence will comprise a
part of the record to be presented to the
higher court for its consideration.
| 1t is expected that the petition will be
presented to the appeals court on behalf
| of the city by Corporation Attorney 8. P.
| Fisher and Attorneys s. G. Brent and
| John M. Johnson, all of whom represented
| the city at the trial.
Alexandria city desires to annex part
| of Alexandria and Fairfax counties, and
accordingly instituted the necessary legal
proceedings. They were heard in the cir
cult court of Alexandria county before
Judge Bennett T. Gordon of Nelson coun-
ty, and the final arguments in the case
| We're concluded November IA, 1912
January IS of this year Judge Gordon
| the city and dismissed the petition.
Held for Grand jury.
Following a preliminary hearing held
this morning before Police Justice r.
Gordon Finney in Alexandria county,
three colored men, giving the names Of
George Morris. William Jones and Ar
thur Johnson were held for the action
of the grand jury on q charge Of hold
ing up and robbing Stephen H. Fegans
an insurance agent, whose home is at
Del Ray, that county. The prisoners
will be tried at the October term of the
jury will be summoned and indictments
presented. Immediately following their
trial in Alexandria county they will be
taken to Fairfax county to answer
charge of holding up and robbing two
commemorative Attorney Capt. Gran
dial Mackey stated today that the Of
Tense with which they are charged is
the discretion of the jury. The minimum
penalty is eight years in the penitentiary,
and the maximum is eighteen years.
Men Are Identified.
Mr.. Fegans appeared in court this
morning and identified all three men as
the parties who held him up. Each, he
claimed. was armed. He also identified
a watch and chain. pocket knife and
fountain pen found in the possession of
the man giving his name as Jones.
Charles E. Corgan, an attorney of this
city, whose home is in West End, also
identified Jones as the man who pointed
a pistol at him. He was, however, I'M
able to identify the two others.
The men have also been identified by
Irving Stout as the highwaymen who
robbed him Tuesday last.
Two of the prisoners told Common
wealth's Attorney Mackey that they are
without any relatives in the world. The
court will assign counsel to defend them.
The man giving his name as Jones' how
ever, said his correct name is James
Roundtree He says he has a sister in
Washington named Elvira Roundtree,
whom he thinks will furnish him with
legal counsel.
Horning Case Dismissed.
The case of George d. Horning, a
Washington loan broker, whose estab-
lishment is located directly south of the
new Highway bridge, charged with plac-
ing dirt on the government reservation
at that point, was dismissed by United
States Commissioner r. P. w. Garrett
following a preliminary hearing at 4
o'clock yesterday afternoon.
At the opening of the case Attorney
Capt. Crandal Mackey, representing Mr..
Horning, entered plea of not guilty.
Three witnesses, all of them employees OF
Potomac Park, were heard, after which
the decision was handed down. It reads:
THAT at the south end Of the Highway
bridge the government opened and dedi-
Gated for the use Of the public q road
Of the average width of about eighty or
ninety feet and about 2,O0O feet long.
nat thereupon the owners of abutting
property facing said road were entitled
to an easement, Or, at least, common
right to use he same.
THAT in filing in his land to the level
OF the highway an owner is doing no
more than he has right to do. even if
same dirt does rest against the side OF
the government road
Park Foreman a Witness.
George Watt, foreman at the Potomac
Park, testified that the contractor told
him that he had been requested by Mr.
Horning to dump the dirt at the point in
question. He also declared that he had
told the party doing the dumping that a
permit was necessary.
Direction to stop the dumping of the
dirt was given by Burnley Inge. a park
employe, according to his testimony In
the event of their failure to cease, he said
his instructions were to obtain warrant
James Freeland, another park employe,
testified his attention was called to the
dumping of the dirt three or four weeks
ago. The parties were without a permit
In the meantime he took a leave Of alb
sence, and the matter, he said, was taken
up by Mr.. Inge.
Attorney Mackeys defense was that the
abutting property owners We're entitled