New-York tribune., 1902-07-10
DISBROW IS HELD.
SPRINGS UP WHEN PROSE-
CTTOR SAYS he LIED.
CROWDS CHEER THE DEClsloN-DE-
FENCE PITS IN 40 EVIDENCE.

aL'e--'.1- - ,,ro,d iur, murder
ing Clarence Foster and Sarah -WieHc'
The hearings came TO a sudden end to-day Nj.
,,iIee counsel for the young man, put in no de-
fonce saving that he would wait until the trlal
of the case as he felt sure that no matter what
evidence he adduced his client would be held
u WAS exactly a month ago tonight that DIS
hroW. Foster and ''Dimples' Lawrence started
=, the drive from Corwin's house that endeu
in two Of the party meeting death in the waters
or Tiana Bay and Disbrow having to race the
charge Of numbering them.
Disbrow took his commitment coolly. Only
on,e did he show any emotion excitement
That was when District Attorney Smith closed
his summing up by shouting at Disbrow;
You led. you know YOU led!'
D;sl,rov had been sitting half turned from the
District Attorney and when the words were
shouted into his ne gripped the arms OF his
chair and half rose. Sheriff Wells and Mr. Miles
placed their hands on him, and Dishrow' with a
gasp. sat back in his chair
Many thought the action was an attempt to
strike the District Attorney. but this was denied
hv those who were nearest the prisoner.
After court rose Mr.. Miles said: What ] eX-
rected would happen has happened. Disbrow
has been held. 1t would have been very foolish
for ne to lay bare my case at this time Wheh
it was practically certain that my client would
have 10 face trial jury At that time we shall
not only overturn all the evidence to be hrought
in by the people, but will make the case against
the young man look even more foolish IMAM II
does now. We shall show that DlsoroW was
wholly euiltless Of any crime whatsoever. l am
not at liberty to tell what further action shall
take ] cannot say yet whether I shall seek
Disbrow's release through a writ Of habeas
corpus That is a matter to be decided later.
CHEERS FROM THE AUDIENCE.
The action Of the justice met with public ap-
rroval for when the decision was announced
The crowd which was in the hall burst into
cheers and there was much hand clapping.
Deputy sheriffs rushed into the audience to stay
the demonstration. but this could not be done.
Because it was known that the State would
close to-day and because every one wanted 10
hear what the defence would be, there was
larger attendance to-day than any day since the
first when all Good Ground and its boarders
came to hear the opening of the case, The first
witness to-day was Albert T. Hahn. bayman.
He saw Fosters body the day it was recoV-
cred He saw the cut and the blood on the face,
as did a ma jority of the witnesses. Every one
seemed to see the cut except the coroner. The
cut was also seen by James Cassidy. the next
witness. also a hay man. A c. Mott another
hsvrnan, who lives the shores of Tiana, said
that he heard no outcry the night of the
tragedy.
Mr. Miles cross-examined him about the
marking of oyster beds. Mr. Mott said they
we're marked with stakes and buoys. which
were sometimes broken off below the sur
face Of the water. Mr. Mess idea was
70 show thar Fosters wound might have
been caused by his head striking one of the
submerged stakes. but Mr.. Smith destroyed
the effect of the cross-eXamination by having
Mr.. Mott say that, while he was familiar with
hedc ;r tba
bay he knew Of none within half mile Of the
spot where the body was found, and where. it
is supposed, il went down
Rogers Squires a brother of Nelson, the boat
owner, said that he found the leaky skif on the
beach where Eddie Croker left it. The oar
locks were shown to him. and he said that they
seemed to be the belonging to the boat
and the ones recovered from the boys. He de-
ca-ed the string attached to the oarlocks was
not the one he had seen before. 1t was in two
pieces when he saw it before. Eddie Croker
was recalled and swore that the string shown
10 him looked like the one the locks when he
found them tied to the seat Of the boat
FORMER WITNESS RECALLED.
Just before the end of the case Mr. Miles in
sisted that Prosecutor Smith recall Dr. Chattle
who previously testified TO examining the body
before the coroner ii, and who contra
dicted the coroner by saying that there was
wound on the forehead, which there before
death Mr. Smith wanted Mr.. Miles TO make
the doctor his own witness. but Mr.. Miles In
sisted that he be recalled by the prosecution,
and Mr. Smith yielded. DR.. Chattle took the
stand, and told the technical causes of death by
drowning and the resulting changes in the body
Nothing important developed until Mr. Miles
asked the doctor il blood issued from
drowned body The reply Not except
from concussion.'
II Foster died from concussion, would not a
proper autopsy show that fact?" Mr.. Miles
asked.
No" the doctor replied, conclusion is partial
nsensbility caused by shaking up the brain
Mr. Miles then read the report of the autopsy
made by DR.. Benjamin. and asked If the
same conditions might not obtain If death re-
suited from concussion or by drowning. DIR.
t'hatte said that they might. Mr.. Miles then
asked If the witness disagreed with DR.. Benja-
Minis report that death due to drowning.
and the witness replied that he had already
given his opinion, which was contrary TO the
report.
Mr. Smith then rested his case. and Justice
Foster repeated the formal warning to Disbrow
that he had the right to speak, but that any
thing he might say could be used against him.
Mr. Miles announced that there would be no
statement by the defence further than to offer
in evidence the proceedings before the coroner.
Then followed a tiff District Attorney Smith
objected to the admission of the records. He
said that they had never been filed with the
County Clerk and were worthless. Justice Fos-
ter overruled this. saying that the records had
Deen filed with him.
The aged quiet spoken justice ended the pro-
oeedings 10y saying that in most cases similar
10 this one circumstantial evidence formed an
important part. In this case all the evidence
pointed in one direction. While, perhaps. the
evidence was not Of the strongest character,
there was no doubt that there had been wrong
doing somewhere and there remained much to
be explained that should be explained and
should be submitted 10 the grand jury. He then
Trrie"ea the case. ana commltted Dlsorow