Evening journal., 1910-09-29
ATTACK ROBERTS
INDICTMENTS
Counsel for Accused Man Says
Grand Jury Heard Irrele-
want Testimony
COURT WILL ANSWER
APPLICATION TOMORROW

Argument was heard in the Court
of oyer and Termincr today on a mo-
ton TO quash the indictments against
Reese Roberts charging him with the
murder of Robert Casey. Jr. aud wife !
J. Frank Ball. who represents Rob
erts said so far as he is aware this
case is without precedent IN this state.
Here is a case where two people
were murdered on August 49," said
| Mr. Ball, land two weeks later Rob-
erts was arrested and placed in the
Media Jail Eater he was brought here
and placed I'M the workhousc In the
jurisdiction of this court
$50 far the defense Is met with the
condition that no inquest has been
held by the coroner. Under the con-
stitution this DESCENDANT has rights. II
for the first time a witness would tes-
tlfy to certain things the defendant
would not have the time to test the
integrity and crodibiity Of the Wit
ness"
I At this point Judge Hastings asked
Mr. Bali if the indictment against Rob
erts showed there were only two Wit
nosses before the grand iury2
3 Mr. Ball replied that that was so.
% District Acknowledgement Wolcott
l. remarked, "rhey were the only wit
l. nesses before the grand jury"
n Very we'll. then" remarked Mr.
,e Ball then upon the statement OF m
friend the Deputy Attorney-G General.
A. have a motion TO present II Is
III quash the indictments ON the groun
he that they were found in testimony Il
.lr competent, irrelevant, Illegal and heal
a say"
n II the only testimony produced be-
ID fore the grand jury was hearsa
testimony then these indictments ar
y, invalid, he cOntended.
IS Deputy Attorney General Wolcot
F. replied on the part of the State. Bl
e way of proxy ne said he would say
e the State would produce other wit.
a nosses at the trial. Mr. Wolcott said
G he did not know how ~ defendant
n had learned that the Grand jury
s heard incompetent testimony. THE
o State wishes. to state that the wit
nesses before the grand jury testi-
Z fed TO facts and not hearsay evil
X dence," Mr. Wolcott added.
Then he challenged Mr.. Balls afii-
= davit that the testimony was irrevol-
= ant. Illegal and incompetent. While
: the defendant has rights the state has
= it's rights" MIR Wolcott said.
Here are two people murdered,
!, and witnesses for the State should
;, be protected. On the other hand the
" State might want to know the names
of the witnesses for the Defense said
/ Mr Wolcott
o. Mr.. Bali replied that he was ready
n and willing to state the defense. lie
3 believed IL WAS his duty 10 advise his
D. client that the testimony given by
these witnesses before the grand jury
+ was hearsay.
Mr. Ball said he would find no au-
thorities 10 Justify him In asking the
Attorney-General 10 give the names q
witnesses who were not before th'
d grand jury.
Roberts was In the dock during th'
"a argument. He wore a neat BROW
r suit. white shirt and collar with
black tie. He chewod gum and from
z time TO time gazed about the court
- room.
!, The court announced that 1t woul,
Il. give i@ decision on the question at
o'clock tomorrow afternoon. The pris
5s oner will be present at that time.
~ Roberts Makes the AfiidaYits.
10 The affidavit Of Roberts in each cas-
N was taken before Frank B. Newell
~ notary public, and reads in the cas-
TO- STATE VS.. REESE ROBERTS.
., State OF Delaware, New Castle COun
I'm ty-ss.
"a BE II remembered that on this, tn
twenty-ninth day of September, A. ID
1910. personally appeared before me
a Notary Public for the State Of Della
ware, Reese Roberts, who. being b.
me duly qualified according to Law
~ deposes and says as follows:
Az That he is the defendant in tn
above case. At this September term o
re- Court, an indictment was found charg
ny ing him with the murder of one An
lic NJ. Casey. of Brandywine hundred
he New Castle County, State Of Della
M ware.
ms That said indictment is now befoT
at Your Honors IN this court
at That the Grand Jury which foun
said indictment received incompeten
ity illegal, irrelevant, hearsay and SCI
M ondary evidence IN order TO recei'
lie any testimony which would authoci
% them to return said Indictment in
bis this court. And that without sa
the illegal, Incompetent. irrelevant, hes
nor say and secondary evidence there W
no testimony introduced whatever
,ial fore said grand jury which pfoved
ged tended TO prove in any manner
the charge set out in said Indictment
That this defendant says in, go
faith that he believes The only ties
mony before The said gand jury "
u q hearsay testimony.
. al