The Providence news. (Providence [R.I.]) 1891-1906, 1902-07-10

brow go on the stand and tell about ftf
We have shown. too, beyond doubt. that
Nelson Squire's leaky boat was never
used that night at ALL The condition OF
the oarlocks whom IL was found prove
this. No person ever went out In that
boat that night
''If Disbrow was innocent OF any wrong
doing when these people went on the bay
that night why didn't he spread the
alarm? We have proved that he was
with them and must have known. Did
he act like an honest man or like a crimi-
nal. He lied repeatedly He told Warren
Corwin that Dimple Lawrence was at the
Ternell House, when he knew that she
was not. He knew that her body was at
the bottom OF the bay. He lied about this
and about other things He was a liar
repeatedly.
WAS WILD WITH RAGE
II was at this juncture that Disbrow,
wild with rage, Sumped from lhis chair
and made a move as II he would strike
the district attorney. Instantly Mr..
Smith leaned across the table and said
Don't raise yourself 10 me- sir. Don't
dare TO threaten me-
In an instant the young mans hands
dropped TO his sides and he sank back
in his chair He was pale and trem-
bling and the tears came into his eyes
He had acted on sudden impulse, and
he was plainly sorry for what he had
done.
Paying no more attention to the incl
dent. Mr.. Smith continued: This man
lied TO Will Walton and TO Topping when
he told them that Foster was up In
Squaretown woods sleeping OF a drunk,
for he knew that he was dead In the bay
miles from this place. And what did he
n N ha <atr ,ha
made preparations to fly and did fly.
tell you. your honor, you can do nothing
but hold this man for trial In a higher
couSs II Is your plain duty TO do so.
for oil the circumstances point to his
guilt"
HELD FOR THE GRAND JURY.
I'm all cases OF this character" said
Justice Foster. weight must be at
tached To circumstantial evidence. In
this particular all the evidence points
one way. and while perhaps the evidence
Is not as strong as II might be, yet II
seems plain that there has been some
crooked work somewhere that something
might be explained, that something ought
to be explained. Justice will be best
served by holding this defendant for the
action OF the grand jury. and I so hold
him."
Then came the disorderly outburst from
the crowd OF Good Ground and South
ampton people who filled the court room
Disbrow himself smiled weakly. but his
hands trembled and he showed signs Of
nervousness. 1t was with great difficulty
that a way was cleared for Disbrow
through the crowd.
He was finally escorted to his carriage
and driven TO Riverhead, where he was
lodged In the county jail. Disbrow can
not be bailed. The grand jury does not
meet until Sept IL. There is little doubt
that Disbrow's indictment will follow.
Court does not sit I'm this county until
March, so that II Disbrow has TO wait for
the regular term he will be I'm prison any,
way until that time. In q case OF the i'm
portance OF this one, Mr.. Smith said he
thought a special term would be ordered
and supreme court justice ordered TO
Riverhead 10 try the case.
BELIEVES IN HIS INNOCENCE.
Rowland Miles. chief counsel for Dis
brow said today: 1T IL only what ex-
pected want TO say. though. that Dis
brow is perfectly innocent man. When
he is tried l will not only prove this. but
1 VIII demonstrate II so that there will
be no doubt In the mind OF any man. He
mas explained everything 10 my entire
satisfacuon, and at the proper time his
explanation will be public property"
Most OF the witnesses called in the ex-
animation were In corroboration of pre
vious testimony. DIR. Chattie of this place
was recalled for cross-examination aud
an attack on his character was attempted
by Mr.. Miles, but all Of the questions ask
ed were ruled out
rosters father. mother. wife and grand :
rather were particularly pleased with tho
result OF the examination Several t,,oes
In the course OF the day Mrs. Foster COL
lapsed and had to leave the court room.
When the Justices decision was an
hounceo she sank down IN a seat and
cried
Mrs. Foster. the elder. rushed over 10
the district attorney and, grasp,ng b,s
hand, congratulated him. while among
the applauders OF the verdict was old
Samuel Thompson, the dead mans grand.
father. Standing on a chair no waved his
nat In the air and shouted: Good. rood
for you, Squire Foster. We've had n
murders In Is years In this county and
not conviction. Let us have justice In
this case. anyway"
EVIDENCE TAMPEREp WITH
District Attorney Smith said that bs
had examined the evidence taken M the
coroner's Inquiry and turned over 10 Jus.
tice Foster by Coroner Nugent ana had
discovered that II had been hammered
with. AT the inquiry. said the district at
torney, Dr. Benjamin. who performed
the autopsy on Fosters body, said in sn.
swer TO my questions that IL there had
been conclusion or any head injury other
than fracture or very deep cut 4,
would not show because OF the advanced
state OF decomposition OF the body. ITe
then gave IL as his opinion that death
was due 10 drowning alone.
All or this has been stricken from the
record OF the inquiry save the bare opin-
lon OF Dr. Benjamin that drowniog was
the cause OF death. His very important
declaration that decomposition would
nave removed any signs OF violence.
Mhioh Is direct qualification OF his opin-
Ion. has been removed on this aiona 7
viii challenge the use OF this worthless
evidence when before the coroner by the
defence ''N