Evening journal., 1904-01-04
SAMUELS MURDER
TRIAL NOW ON
Took Nearly the Entire NJ orn
ing Session to Draw the
Jury
CASE WILL TAKE ALL THIS WEEK
Each Side Has About One Hundred
Witnesses to be Examined Who Are
Excluded From the Court Room Dur
ing the Trial.


Curtis l.. Samuels was placed on trial
in the Court Of oyer and Terminer this
morning charged with the murder of
Pasquale Diabballe, near Delaware
City early last November. Diabballe
was engineer for Hughes Brothers and
Bangs The case will probably take
the entire week as there are nearly 100
witnesses On both sides. The defendant
is represented by Horace G. Eastbun
and Attorney General Ward and Dep
luty Attorney-General Richards are
prosecuting the case.
The judges sitting are Chief Justice
Lore and Judges Spruance and Grubb.
samusls Arraisned.
Samuels was brought into the court
between Haiin Charles Smith carry
ling the black tipstave and Deputy War
den Wigglesworth OF the worllhouse,
carrying the red tipstave. The two
tipstaves sat on either side Of the de-
fendant in the prisoners box during the
morning session.
Drawing Of the Jury.
Nearly the entire morning session
was occupied in securing the jury that
will say whether or not Samuels is
guilty Of murder. The entire panel
numbering nfty-four jurors was ex-
hausted and two Of the jurors had TO
be selected from the body OF the court
| room.
T. AS each juror was called he was
; asked the usual questions that are al
ways asked I'm murder trials. William
II Meggison was the first juror called and
when he stated that he had conscien-
! tious scruples against finding "a verdict
5 Of guilty in a case where the punish
Iment is death. even though the evidence
warrants such a verdict. he was ex-
5 cused by the court Others excused for
z the same reason were. Harry Wollas-
ton, Charles Smith. Robert NJ. Burns
George r. Hobson. Oliver n Parry
Jacob Melvin and Henry Heller.
James McCarter and Lewis r. Grub
were excused because they were owe
20 Years Old.
When William X. Eastburn wis cau
ed Mr. Ward stated TO the court tha
! he was blood relation of counsel TO
he defense. Mr.. Eastburn stated tn
juror was only his third cousin. MI
, Ward said he would challenge him an.
: way.
Martin G. Moore and George Chene,
said they had expressed an opinion re
{, garding the guilt or innocense OF tn
prisoner. They We're excused.
The defense challenged nineteen o
the jurors called and the state -four
The jury selected follows;
Charles Shlefer foreman. blackbir,
hundred.
Charles Il. +. Lewis. Pencader.
, David Appleby Jr, White Cla!
Creek.
John i. BroXon, Blackbird.
Michael Kelleher. Brandywine.
Joseph Crossan. Mil Creek.
John Beth. Blackbird.
Robert Casey, Brandywine
Richard 4. Ennis, White Clay Creek
a George w. Goodly. Wilmington.
i James H. Hanna, Wilmington.
Charles +. Bowers, Wilmington.
After the jury was drawn counsel 70
the defense asked to have all witnesse
on both sides excluded from the room
during the trial, which was done.
Prisoner Interested.
] The prisoner took a great deal OF in
terest in the proceedings while the iur
was being drawn but did not seem &
be at all nervous or disturbed. He /
a small man, Weighing probably "A
pounds. and not more than feet
linchcs IN height. He was neatly dress
ed in a black suit and wore a whit
necktie The prisoner is about g
years old.
Deputy Attorney General Richard
y made the opening address. He ex
= planned to the jury the different classe
OF homicide and in a brief way relate
= what the prosecution expects TO prov,
I" He said a witness would be called VIII
y heard three shots fired in the marsl
followed by grOans of agony about III
y time that the murder was committe,
/. Willard Smith. mayor of Delawal
% Citywas the first witness called by III
er State. He was called to testify that
TO map offered i'm evidence was the ofiicii
u, map Of Delaware City.
"a The defense objected to it O
the grounds that it was not a core,
r, map of Delaware City as IL is todai