Evening journal., 1904-01-07
Both Sides Closed This
Afternoon and Prayers
Were Submitted to the
Court - Addresses to
Jury
Witnesses Testifyine to
Hearing Shot and Cries
of Don't Shoot Joe. "
Defense Attacks Evi-
dence of Steele

A number Of witnesses for the de-
Tense were examined this morning in
the case against Curtis l.. Samuels,
charged with murder, in the Court of
oyer and Terminer. Several wit
nesses were called to contradict Will
liam Steele witness for the State,
who testified on Tuesday that he heard
shots and cries of "Oh, Sam, don't
shoot" The defense claims that
steele told a number Of persons that
what he heard was "Oh, Joe, don't
shoot"
William Saxton was the first witness
called He testified that he was en-
ployed by Charles Pancoast and had
talked with William Steele on We'd
nesday. November 4th. Steele told
witness that he had heard the shots
the night before. followed by groans
and heard some one say: "Oh, Joe,
don't shoot"
William Weaver testified that he
heard the shots and a cry that sound
ed to him like "Oh, joe" On cross
examination the witness said he was
not positive it was "Oh, joe" and it
might have been "Oh, on.
Expert oN Tides.
Captain Phillip Reybold. licensed
pilot. who has been familiar with the
Delaware River for years. was called
and gaze testimony regarding tides.
Counsel for defense offered nautical
almanac I'm evidence. which gave the
tides at various points BY referring
to this almanac Captain Reybold fig
Urcd out that it was high tide at Della
ware City at 10 o'clock on the night
OF November 3. The rise and fall OF
the tides at that point is about six
feet This line of questions by the de-
fense was evidently to prove that il
would be impossible for a person to
&c. from Delaware City to the spot
where Diabballe is supposed to have
been murdered on the night of Nov
ember Bird. without getting wet, unless
they went Just one certain way.
Charles W. Pancoast testified thai
he was familiar with the braik in tho
bank north of Delaware f1fy. lie was
also acquainted with the bank be-
tween the place of Miss Emma CLARK
and the Scott place.
When asked If n person could gel
from the main hank TO the break dry
shod he replied that it would be inn
possible TO get from Delaware City
to Cedar Creek at high tide without
getting wet except by going up the
Emma Clark bank.
Lester P Wingate. watchman a.
the station at Delaware City. stated
he was out in front OF the stssion OF
November Srd from 10 o'clock in tn
evening until 1 o'clock the next morn
ing. He was positive not "a persol
passed that station along the railroa,
between those hours. 1t was possible
for some one to pass the station be
fore 10 o'clock without him seeini
them.
John Anderson and George II. Foori
were called 10 testify that they ha,
seen otter in the vicinity last fall I
had been testified that Samuels toll
his wife that he was going cunning 70
otter and this was to prove that ther
was otter in the neighborhood.
William II. Walsh superintendent 70
Hughes Bros. & Bangs, testified to tn
amount Of money paid Samuels eac
month from last May. He also testi
fed 10 Samuels telling him to tax
money out of his wages to pay tn
expenses Of Diabballes funeral.
The defense attempted to prove b
John Peola that there were severa
strange Italians in Delaware City o
the night Diabbaln is said TO hav
been murdered. The State objecte
and was sustained by the court
Both sides rested at 1880 o'clock an
p counsel for the defense read his prayer
20 the court. He asked the court to fl
struct the jury to return "A verdict Of n,
guilty on the ground that the State HI
failed 10 connect the prisoner with q
murder.
Addresses to the jury will be made tn
afternoon.