The evening world., 1903-01-15
Accused Fails to Take the
Stand, but His Family
Physician Swears His
Right Arm Was Disabled.
COULD NOT HAVE DONE DEED
Unable at the Time of Fosters
Death to Raise His Arm Above
Ms Head-State's Witness
lmpeached.
special to The Evening WORLDLY

eo'H ~
Tense in the Disbrow case closed this
afternoon without putting the defendant
on the stand. The last witness to tes-
tifys was DR.. William r. Scoville, the
Disbrow family physician, who swore
THAT Disbrow injured his right arm two
months before the murder, three ribs
a month later and that at the time
OF Fosters death was unable to have
raised his right. arm. and struck tbs
blow that is alleged to have been deal
to his rival.
Attorney Miles then put In some docu-
mentary evidence attacking the charac.
ter of William Walton. who was a chum
of Dlsbrow and had testified that Dis
y brow the night after the murder told
his heart was broken because "Dimple'
Lawrence had gone away with Foster
The evidence went TO show that Wal
ton had been guilty of such petty crimes
as stealing lead pipe and pieces OF
harness.
Court adjourned Until tomorrow
I. morning. when arguments will begin.
Outline of the Defense.
Proceedings for the day opened with
the outline of the defense to the jury
by MIR. Niles.
THE State has held back informa-
ton which win acquit Disorow;" said
Mr.. Miles. II will prove by their
own witnesses that this boy is inno-
cent. that the deaths were acct
dental. / will prove by their own wit
ness. Harold Seuires, an express driver.
that he blackened Fosters eye in a
fight OH June 9 while Foster was drunk
II there was any swelling over the eye
this blow was the cause.
Now. gentlemen. L shall locate the
spot where Sarah Lawrence's body came
to the surface. That is where the two
bodies went. down, The prosecution has
bsen careful to ask its witnesses what
Is the character of the bottom. but they
did not tell you what that bottom was
covered with"
Here Mr.. Miles held up big oyster
shells, cllngIng together in groups. and
said: THAT. gentlemen. is the char
acter of the bottom OF Tiana Bay. Dc
you believe that this defendant made
the alleged wound with murder IN ms
, heart, or do you believe, as any sensible
man must, that the body scraped over
these shells and an abrasion was left
that way?. '.... ..
when / went down there to look over
the ground the boatmen said this Is
!, where Sarah Lawrence's body came up
My boat hit something the other day
s1ed to find out what 1t was. and
we found this stake buried in the bot
tom 90 chat the top was under water
First witness for Disbrow.
! Eugene r. Smith was the first witness
called for the defense. He Is a civil
engineer. He made a survey OF the
scene OF the crime. He produced a
chart locating all the houses on the
shore Of 1Tiana Bay where Foster was
killed.
AIR. Smith Identified several clusters
Of oyster shells. which he and Nelson
Salres removed from the bottom Of
' Tiana Bay last fall while Mr.. Miles
was preparing his defense. The wit
ness pointed out on the chart the var
ious points at which the shells We're
taken. The shells were admitted as ex-
hibits, as was also a hickory pole. which
Mr.. Smith had pulled out of the bay.
Timothy GrifiRE; a layer: whom y y n t he
asmartest mani in the county. then
cross-examined Mr.. Smith. Mr.. Grlfina
K assisting the P,o SeS and yoIh haa
o. How thick Is the mud on the bot,
tom Of the bay7 A. Between two and
"a. And how much water was there
above the mud? About Ave and a hall
feet.
Attack ON Detective.
John caffey, who picked up the body
of Clarence Foster, was called by Mr.
Miles and asked II. he knew a mar
{. named Fields, Fields Is the PinkertoT
man who got together the evidence fol
Yves. / know him." replied the wit.
q. Did you scrape. the bottom of tn.
bay at the spot where the body was
ton with Mr.. Fields? A. We did.
@. What did you And. A. Some oyster
e. DID you report this to Fields? A.
%. was there any \blood on clarenc,
Foster.sYf face? A. There was some.
BY the Court-Q, Did you notice an.
dwelling over the right eye, A: No par
ticular swelling. The whole face wal
BY Mr.. Miles-o. Did you see blood
Willis Wells. the livery stable ownel
OF Good Ground h found 'Dimple'
Lawrence's body, testified that he say
Clarence Fosters body and that h,
noticed the wound over the right eye blu
that he noticed no swelling beneath tn,
wound. He saw blood on the face.
q. You saw Mr.. Disbrow on the da!
he left Good Ground. Was he intoxicated
that day, A. Yes he was still inton