Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1878-01-24

o,eut. Office oftbe Chief Signal Officer, WASH
inotoa. d. C., Jan. "a, 187S-lO:30 q. NJ
For the Middle Atlantic States warmer clear,
or partly cloudy weather. northwesterly wlods'
backing to warmer soutberly and falling "a
rometer. ---
The RoBEY CAsE.-In the card published
IN YESTERDAYS Gazette by MIR. Wesley Avery,
foreman of the Jury in the Robey case, aad
signed by himself and FIVE of the jury, that gen
tleman undertook to vindioate himself from
what he termed an incorrect statement i'll t!e
preceding issue Of this paper. The s:;tonih III
complained Of was contained in a iu aud sx
plicit account Of the proceedings IN the HOE: y
case from its inception to conclusion and wa ~
relation to one Of the grounds upon Whl''i ia :,
defendant claimed that he was entitled tea ne"
trial, and was as follows 1.-THE applicatiro tor
new trial was based on the ground that the
verdict was contrary to tho evidence; that he
foreman of the jury was preudiccd against the
defendant, and had made damaging d c ara
tons against him 10 the jury room
1t will be perceived that the foregoing state
mentmerely alluded to the grounds upon Which
the motion was based. 1t did cot by positive
averment or by inuendo assume that the grounds
were established, or deduce any inforcucc as To
their truth, such being Judicial question be-
yond the provice of journalism which tins paper
would not undertake to decide; therefore. It IS
not perceptible how Mr.. Avery could feel az
grieved by mere mention OF those 0ronaa+ for
q new trial, the truth or falsity OF which were
the subject Of public judicial Investigation ~
the court and matters 1t general DA!olltty IN
the community. But 10 order that no nislp.
prehension may exist as to the correctness OF
the statement alluded to,a copy, from the record
of the written motion for a new trial, containing
the orountls, will speak for liscll:-
Corporation Court. Alcxao:!rl ''i:y |
Commonwealth
John Robey,
The defendant, by bis counsel, moves tho
Court for new trial, upon tina following
grounds -
l. The verdict Of the jury is against tho law
and the evidence.
2. Since the rendition Of the verdict the de-
PENDANT has discovered important CYL !cnce
which he could not have before discovered by
reasonable diligence material to his de'caca
on said trial-and which, If produced st tue
trial, ought and would have caused different
decision.
3. The jury were influenced in maklAs up
their verdict by improper Considerations 30;
admissible under the cvi1eoo, and not warrant
ed by it.
4. The defendant was taken by Sufprs, by
the witness, James Branch, falling 10 cneta Der
and to testify to facts within his Knowledge,
material to the defence, and which he ttstlii' ID
to at the first preliminary examioatlcn.
S. The foreman of the jury, Wesley Avery,
was prejudicod against the defendant before
the trial and defendant was not Informed
thereof until after the trial.
G. L. STUART
EDMUND BURKE
for Defendant.
As further evidence in correction Of the
record that the GROUNDS for new trial alleged
we're the actual grounds and not an "iucoIrect
statement of them, the following extract from
the affidavit of the defendant, JuhD RobeY,
filed in the case, ought not to be omitted -
Extract from Affidavit Of john Robey for
new trial.
THAT Wesley Avery foreman OF the jury.
was prejudiced against affiant and denounced
him shortly before the trial to atlantis sister,
Mary Robey, and to Matthew Llttin; that the
prejudice was unknown to affiant before the
trlal-his sister and said Llttin never having
communicated it to him; that this afh ant Is IN.
formed and believes that said Avery declared
in the jury room. after the Jury had retired to
consult oil their verdict 10 the case, that he tlau
q difficulty with at1iaut at Flshtown III the
spring; that alliant is bad character, and that
night for fear of bodily injury; that said Avery
likewise declared in said jury room to said Jury
that the principal witness for the defence, ohm
Cook, is q brother 10 law OF afiant and, there
fore, unworthy of belief, aud on this account
the testimony Of said Cook was discarded; atil-
ant AYERS that said Cook is not related to afi
ant, nor is he family connection, &c.
It thus appears from the motion itself, AID
from tho affidavit of The defendant, that the
grounds were SO stated, bu: as the statement
of defendant made 10 his own cause Is often
accepted with great allowance, owing to the CIR
cumstances under which it is made, the tprrgo-
ing affidavit may not be rece'ved as competeo5
evidence of tho grounds for the new trial. the
affidavit is supplemented by that OF Mary Ro-
bey, sister of the accused, filed in the case,
likewise bearing 90 the grounds of the motion.
lin the clerks Office of the Corporation Court
of the city Of Alexandria.
This day personally appeared before me,
Morton Marye, clerk OF said court, Mary 80,
bey, who being first duly sworn. deposcs AID
says that she is sister cr tho defendant John
Robey; that on Saturday. two days before the
trial of John Robcy, she went to Richard
Avery's store to sec Wesley Avery. the fort
man of the jury which convicted John Kobey;
that said W. Avery is al oversecr OF the poor,
and afiant went TO get some necessaIies ttr
Georgiana Robcy, wife of John Kobcy; that
Georgiana was sick, 10 a delicate conditor;
that said w. Avery refused assistance, and
used language violently abusive Of John Robey,
and was extremely augcred towards him; said
Avery seemed to DO greatly prcjudiccd against
John Robcy, and afhant lett tho store whilo
said Avery was dcnouucing him; that she never
communicated these facts to her brother; atfant
believes said Avery was prtjudiccd against her
brother. MARY hoBEf.
"Given under my hand this Slth day Of Jan
uary, 1878. MORTON MARiE' =.
Clerk Corporation Court, Alexandra city.
But inasmuch as rclativesof person charged
with an offence against the law arc supposed to
have deep interest in tho issue of the pro-
ceedings and by reason of bias are liable TO ex-
aceeration and misstatements, the truth Of tho
Gazatte's statement of the grounds for % new