Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-07-24

the injury to some extent. This ques-
ton ana the answer were ordered eA-
cluded by the court.
At this point the district attorney in
troduced as evidence calendar 10
show that there was a new moon on
the 24th day of August. 1900.
Al III. O'Clock John Nicholson. chief o.
police of the city OF Pittsfeld and the
leading witness for the prosecution in the
case. was called tn the stand. The CHIEF
testified in careful. deliberate and mod
erattly slow manner ana held closely the
attention of every person in the court
room daring the recital of the part he oc-
cupcs in the tragedy. He began by tell
ing Of His visit to the Fosburgh house
between the hours Of ) and O'Clock on
the morning of the shooting. II" stated
that the fire alarm had been sounded ana
proceeded to describe what happened ~
the house after his arrival. As he was
entering the tosburgh residence he met
tn" defendant in his pajamas.
They told me said the witness
"obout the tracks and marks on the
grnlnd. ana called my attention particu-
larry to two footprints, ! noticed th"l
the heel OF the Shoes had been pressed
about one inch into the ground with TIA"
toes pointed toward the house.
My attention WAS also called Ia nnoth-
or mark about four feet further norEh
which had the appearance of fdutSteiL
examined the piazza posts. II had srv-
cral finger marks ana one hand mark
upon it, The latter very distinct,
containing the impression 81 the wrist.
thumb ana fingers ~ hand. The &C.
(, ndart accom"anicd me to the balcony
and pointed y iti railing from "flch
noticed the dew had been removed III th'
north ana soUth ends. M examined thc
ROOF together. II had mark uEon i Az
II someone had stepped th'fe.
II was about this time th"t ~" defend
anu f'iHt'u I" me- t''' sun '' WIZ 80
happened. ii" said ~ WIS aroused h'
his wife out ne G"letou h'i anu "'H' -
sleep. Later. however. ne WAS arouse"
by scream ana hr went TOWARDS III
fathers room. Defendant SAID ne 81" d"
light ana that he thought the mouse WI
azure ard SO went L. get pitcher of va
ter from Il nearby room, bat when passing
his sisters room be- said hc saw = man
standing III the do"rwaN q th" XIII ~"
ted room ana ~ the sam" moment his
sister frli backwards int" ms arms
RE thought nm hAd h'rn rhShtu ha'k
ana ne rushed TOWARDS FRI man l"'''
him down "n ms knees dHd th"HIht TT
had ovcrpowtred him when second m'A
struck him from behind
The defendant then ton mc ms men
hld made their escape AFTER the d'ithh-
ant toid me this we Sisitc' thy dark haul
way ANA there w fOuId hole IN the
wall The defendant had suggested thJt
Two bullets were fired and thought that
enc might hc imbcdded N tho wall ]!
could lind no bullet there We went l"
closet Ia the Vacant room aud th"T" on
a trunk tray | SAW diamond suuhurst
stick rrin and watch chain
My next visit 10 tho f"shGrgh house
was at II o'clock the sam, morning. On
the WHY james FushurEh handed mr
ballet which ~ slid nr had found Ia a
bureau"
rhc witness them Proceeded Z" slN" tha
,.id.r Nh FosbIrghs description M 'hc
attack Ill his room and wcht on I" teii
of Ills finding a large number p! matches
un different occasions IN the vacant room
III ;hc att.c. IN the stairs halconN ana
some on the first floor. ~ one tim"
Jane brought him some ~ the matches,
wh!cn were nj a variety known rs dld-
,noude" The defendant told the Wires