Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1878-01-22

For the MldQle Atantlc GtateS clou1y
areas of light rain or snow, followed by clearing
westher. colder northwesterly winds and rising
barometer.
THE RoBEY CAsE.-The case of John Robey.
a young white man charged with malic!ousy
cutting Monroe Wilson, colored, with intent to
MAIN, disGgure, disable and kill him was hna!ly
disposed of to-day by Justice Thompson. who
discharged the accused from iurther proceed
ings. The case has excited much interest OWING
to the persistence of the prosecution and to the
fact that the accused has been three times as
charged from custody. The evidence adduced
At the various examinations and at the tllal, cs
tsblished that Wilson and Robey were ,porters
of rival omnibus lines, that Wilson who Is
much more powerful man than Robey had re-
peatedIy ipsuItcd the latter before the cutting
at the Washington and Alexandria Railroad de-
mt. that these insults had been made IN the
presence of passengers and others and that 10
bey had forewarned Wilson to desist from The
use of such insults; that on the night OF the
28th of November last, Wilson again insulted
Robey, that the latter said that when the $50
train arrived from Washington they would set
tie the difficulty. Afterwards they went upon
the lot in tho rear of the depot and Wilson adj
vapced upon Robey who torewarned HIM not
to ''orowd him" and to stand back, and 10
boy retreated up tho bill, Wilson following.
Robey then pushed Wilson back with both
hands and Wilson struck at Robey and after
the interchange of blows Wilson caught kobey
and threw him upon tho ground. seized him 10y
tho throat and cboked and beat him. La tlls
position Robey with an ordinary. pocket ku'ie
cut his assailant several times 10 the haul.
which Robey claims was upon his throat, and
10 the head and breast. The parties were then
separated and arrested and Robey was carried
before Mayor Kempcr and Justice Francis
Loycjoy, who after hearing the above facts dis
charged the accused. Wilson then went b,
fore the grand jury at the present term OF the
court and procured 40 indictment for felony
upon which the accused was tried, the jury with
Wesley Avery as foreman, rendering q verdict
of guilty of unlawful cutting with intent to dis
able and fixed the term Of Imprisonment 10 !ha
popitentiary at fifteen months. The prise
ner's counsel moved for a new trial and arrest
of Judgment. The application for new trial
was based on the ground that the verdict GAS
contrary to the evidence, that tn, foreman o!
the jury was preju1iced against the defendant
and had made damaging declarations aSaioSt
him 10 the jury room. The motion IN arrest OF
Judgment was urged on the ground OF dialect
10 the indictment, which alleged the intent to
main, ds6gurc, disable or kill III the d<Juuc'
tive DY the use Vi tuC WOIu W, ThGtG 'iiO w
tents should have been charged in the uonjuno-
tive form with use of the word and, and de
fendant's counsel contcDdcd that no offence vas
charged, but if charged at all it was 10
such vague and uncertain manner as to
preclude the Court from giViog judgment
according to the right of the case. Jud &c Lowe,
after arguments yesterday for and against these
propositions decided to arrest the jud gmcnt
and discharge the prisoner, and 90 motion Of
the Commonwealth 8 Attorney, he was scmapd
cd for another examination before Jus lie
Thompson at 10 o'clock this morning, who
again heard the evidence, but withheld his Dc
cisioD until o'clock p. m, when, a. above
stated, he discharged the accused. hlr'ara
G. Il. Stuart and Edmund Burke reprcs mt.d
the dependant and Mr.. j. NJ. johnson tho
Commonwealth.