Evening journal., 1910-11-14
ASK new TRIAL
FOR ROBERTS
Counsel for Convicted MUIR
derer Alleges Verdict in
Case Was Against Evidence
CLAIMS TO HAVE
FOUND NEW TESTIMONY

This was the day fixed for fling
reasons for a new trial for Reese
Roberts. colored, convicted OF the
murder of Robert Casey. Jr., of Clay
mont. Shortly after ~ o'clock Rob
erts was brought into the Court OF
Oyer and Terminer by Warden Craw-
ford and Guard Hastings. In the
dock he maintained the calm de-
meanor that has characterized him
since his conviction.
Frank Ball, who represented Rob-
erts, presented the following reasons
for a new trial behalf Of his client:
First. That the verdict was
against the evidence.
Second. That the verdict was
against the law.
Third. That the court erred In adj
mitting In evidence the testimony OF
Edward Stevenson, witness pro-
duced on the part OF the State, after
the State had closed its direct testi-
mony.
Fourth. That Il has come TO the
knowledge of the defendant since the
trial. that one Walter Bantum will
SUN
last. he left Chester to go to VIII
mington. Delaware, by the Chester
and Wilmington trolley line, to attend
the big quarterly meeting there. II
was raining so hard when he got tc
Claymont that he got OFF the car In
which he was in. got on another cal
and went back 10 Chester; that II haC
been raining for sometimes at thi;
place, Claymont, as the ground wa.
very muddy there.
Fifth. That II has come TO The
knowledge of the defendant since tn.
trial, that Thomas Gilligan will testif,
that on August 2Sth last, the day o
the big quarterly meeting in Whining
ton. Delaware, II was raining very
hard in Claymont
"Sixth-That Il has come TO th'
knowledge OF the defendant since the
trial, that one George X. Black, Chic
OF Police OF the city Of Wilmington
Delaware, will testify that he visitet
the house OF Mrs. Laura A. Baldwin a
Claymont. Delaware. a witness who
was called on the part OF the State a
the last trial of the said Reese Rob
erts. and that she said TO him tina
she would be unable to recognize thu
man whom she saw looking In her win
dow the night of the murder OF Ro0er
Casey, Jr., and Ann Casey, even II sh
should see him again.
Seventh. That Il has come TO Ia
knowledge OF the defendant since tn
trial, that one George r. Black, chile
of Police Of the city OF Wilmington
Delaware. Will testify that John
Truax, one of the jurors In the case
/ the State VS.. Reese Roberts. who
the last September term found the sa
Reese Roberts guilty Of murder OF L
!, FIRST degree. stated 10 him, within
., day or two after said trial, that II
+ defendant had been a man who cor
= have proven a previous good chi
e acter. he would not have voted for
d conviction on the testimony as p
d sented by the State at that trial.
Eighth. That on account OF
witnesses for the defendant name
Harry Carter, Deborah Carter
,. Eliza Roberts, having returned
p Chester where they live. after hayi
d given their testimony at the trial
] the last September term OF court, al
= being unable TO secure their atten
ance In time to testify, the said d
fendant was unable 10 contradict q
witness, Edward Stevenson, who test
, fed that he, Roberts. was at or In Il
] neighborhood OF Bandywine Sp-inl
on August 90 last, and displayed an
had in his possession a large sum
, money. but that he Will be able,
granted q new trial, TO contradict sa
witness and prove that he, Robert
could not have been at or near Bral
} DIVINE Springs on said August 20 las
} as during the whole of that day
) was In the city OF Chester, Pa.
Ninth. That the attorney generi
prevented the coroner OF New Cast
county. state of Delaware. from holt
ing an inquest I'm the cases OF the la
Robert Casey, Jr.. and Ann Casey a
/ ceased, giving TO the coroner as n
} reason for so doing that he wanted q
defendant 10 be kept from KNOWN
the evidence that he had against hin
that the attorney general In so doif
caused the coroner not only 10 viola
the law, but prevented the defenda
! In this case from being plainly al
fully informed of the nature Of q
/, accusation against him, and depriv'
N him from having compulsory proce
I'm due time for obtaining witnesses
his favor, contrary to Section Z, Ar
Gle 1, Constitution OF the state
Delaware"
$ Mr.. Ball read the affidavit Of BE
: ton and Gilligan, and he comment
q on the statement Of the juror, John
: Truax, is alleged to have made
e Chief Of Police Black
Regarding the testimony Of Edwa
d Stevenson, Mr. Ball said, II had be
:. refused at first and then admitted
Il said there had not been a scintilla
IS testimony that one dollar had be
wrongfully taken from the Cas
-, home. After Mr.. Ball had concluc
= his argument court took a recess VI
2.30 o'clock.
TO BURY HERE.
The funeral OF Sarah Ryan Bril-