The Washington herald., 1913-08-23
ALEXANDRIA HOLD-UP
MEMS CASE GOES over
Trio Accused Of Highway Robbery Ar.
raigned Before Police
Justice Finney.
'PAwNBRoKER ACQUITTED

Alexandria, Va, Aug. 22-George d.
HorninE, a Washington loan broker. who
conducts place Of business on the Vir-
glnia side of the river, just south OF the
new Highway Bridge. was acquitted TINS
| afternoon on a charge of placing dirt on
government reservation, following
preliminary hearing before United States
Commissioner r. P. W. Garnett.
In acquitting Mr.. Horning OF the
charge Commissioner Gsrnett said:
| That at the south end Of the Highway
Bridge the government opened and dedi-
, Gated for the use OF the public road
of the average width OF about eighty or
ninety feet and about 1000 feet long.
That thereupon the owners OF abuttns
property facing said road were entitled
| to an easement. or, at least, common
righ. to use the same.
That in filling in this land to the levei
Of the highway an owner is doing no
more than he has a right TO do, even If
the same dirt does rest against the side
of the government road"
Only three witnesses were examined at
the hearing, and the accused was repre-
sented by Attorney Crandal Mackey, Of
Alexandria County.
At the opening Of the case Mr.. Mackey
entered a plea Of not guilty on behalf
of the accused.
The first witness to take the stand was
George Watt, foreman at Potomac Park.
His testimony was to the effect that the
contractor engaged in hauling the dirt
claimed he had been requested by Mr..
! Horning to dump II at that point. The
! government surveyor, he said. declared
! the property belonged to the government
He told the party doing the dumping. he
said, that a permit was necessary.
Burkley Inge, also an employe of the
park, testified that August he was in
| structed to stop the dumping Of dirt at
| the point in question. and he also was
instructed to get a warrant in the event
of their failure.
According to the testimony OF James
Freeland, also a park employe, he called
| attention of those dumping TO the fact
| that a permit was necessary. and no per-
nit had been obtained then. In the mean
time, he took a leave OF absence. and
the matter was afterward taken up by
| Mr.. Inge.
In summing up his case. Attorney
Mackey declared there is nothing in the
| penal code TO make the placing OF dirt
| on a government reservation an offense.
He also declared there is no State law
| to make the placing of dirt on a reser-
walton an offense. His defense was. there
fore, that the abutting property owners
nave Nut tight TO an easement.
Some time ago a warrant was sworn
| out for Mr.. Horning at the instance OF
the War Department charging him with
| the placing Of dirt on the government
| reservation at the south end of the high
way bridge, where his loan office now is
located.
The preliminary hearing OF the case
OF George Morris. William Jones. and
Arthur Johnson. all colored, charged
with holding up and robbing Stephen
II. Fegans. an insurance agent, Of Del
Ray. Alexandria County, at Barcroft.
that county. yesterday afternoon. was
postponed until 10 o'clock tomorrow
morning.
The hearing will take place before Po-
lice Justice r. Gordon Finney. This
was granted because Mr.. Fegans did not
appear this morning to identify the men.
Irving Stout, who lives near Franconia,
Fairfax County. however. appeared at
the county Jail this morning and identi-
fed the prisoners as the men who held
him up and robbed him of sl3 in cash
and other articles Tuesday afternoon.
Mr.. Stout Identified Morris as the man
who held a pistol TO his face while the
| two others went through his clothes. He
also identified a stick pin and tie clasp
they had in their possession as his prop
erty.
The watch stolen from Mr. Fegans has
been recovered and was later in the day
Identified as his property.
Elihu Titson. who lives in Alexandria
County, reported TO the county author
tiles that the three highwaymen passed
him while he was driving with his wife
Snd other members Of his family a short
time before they attacked Mr.. Fegans.
At the time he SUSPECTED that they cou-
templated holding him up.
The prisoners first will be tried in
Alexandria County and after they get
through with them in that county they
will be taken to Fairfax County to face
trial
Commemorative Attorney Capt. Gran
dal Mackey talked with the prisoners to-