Waterbury Democrat., 1901-07-24
DEFENSE BEGINS.
witnesses For Fosburgh Were
 Sworn To-Day.
PLEA OF PROSECUTOR JoYNER


 Reviewed the Case at Great Length Civil Engineer Smith the f1rst
 Witness To-day-Paymaster Fred ". Lund Also Gave His Testimony
 Pittsfeld, Mass, July 24.-The open ing address of Attorney Joyner TOT tne defense in the Fosburgh manslaugh- ter trial having been interrupted at a most dramatic point yesterday by ad- iournment. greater interest, 1T posSi- ble, than at any previous time since the case began, was in suspense over night.
 What had been heard of Mir Joyn- CTS address before the court close. was taken to indicate that every member of the Fosburgh family and Miss Der tha Sheldon would be called as wlt- nesses for the defense, as well as sey- eral neighbors.
 Every sentence of the lawyer as he outlined his case was given closest at tentfon, and it was apparent to-day from conversation among spectato that not only do they anticipate thri- ing stories from the witnesses, but that crises are expected of James Eos burgh, who was called by the state, and Beatrice. who was SummOned by the government but was not called to the stand, shall testify for the defense, ewhen they shall be cross-examined be- fore the states lawyer. There was a distinct feeling to-day that although the prosecution case had closed, the district attorney is prepared to elicit much important evidence when tIe witnesses for the defense falls into his hands, especially Robert Fosburgh, the defendant who is expected to take the stand in his own behalf.
 The courthouse doors were besieged fully an hour before the opening of the session and owing to the crust hundreds haG to be denied admission.
 MT Joyncl. at the hour of adjourn ment, had just described the scene on the morning of the tragedy when Rob- ert l.. Fosburgh, who had been beaten by burglars. had recovered conscious. ness and rushed to a window and screamed murder" He resumed to- day by telling why the FOsburgnS kept firearms in the house.
 MT Joyner said: We know and the government does not know that it was the defendants pistol which shot his sister," Counsel said: 'The firm ot +. l.. Fosburgh x Co had many men iu it's employ. the payroll amounting to some $6,000 weekly. The men were non-English speaking and were paid in moliey at the office of the company AIr Liosburgh, ST, would take tie money from the bank to the office in an electric car. The men knew this and because of the risk the chief of 1olice had once remarked that if any men needed pistol they (the Eos burghS) did. For this reason the de- fendant got one.
 MT Fosburgh, the defendant and his wife, occupied the kitchen bed room, but they discovered a disagree able odor from the sink and moved to another room, leaving some wearing apparel and a pistol in the bureau.
 Robbery and revenge might have been the motives of the burglars They were young, active, slight men, else they could not have gotten out of the house through the opening left by the screen.
 .'The defense intended to show that the soiled clothing, pillow cases. etc. were thrown by the family into the basket in the carriage house.
 The theory of the defense is that the crime was not the performance of skilled burglars, that the stockings which were worn and cut were drawn on over shoes to muffIe the sound of steps; that the tracks seen were made by the men when they left the house. and that they intended to steal any thing they could lay hands on.
 Men were seen running down Bene- dict street" said the lawyer, ''after the tragedy, and it is the theory of the de fense that they doubled on their trail and when the posse came along. joined in the pursuit thus diyerting suspic- ion from themselves.
 The furniture in the house was cheap and easily broken, and it was broken" said the lawyer, .sin the struggle in the back room. There was only narrow space between the bed and the bureau, and the defense claims that the bureau was twisted around during the fray"
 In conclusion, Lawyer JOyner said: :: The defense will show that the family has done its utmost to bring to justice the men who entered the house: and that whatever may be the theory, Miss May was a woman without an enemy In her home and in her church life she won the affection of all who knew her. She was her brothers com paniOn, her mothers idol and. to the
 
 was ever helpful. There was no es- arrangement between any members of the family"
 MT JOyner concluded his address just before 10 o'clock. and the wit nesses for the defense, including neigh bors, members of the Fosburgh family and Miss Bertha Sheldon were sworn in group. Tn all. nine witnesses took the oath. The first to testify was Fred S. Smith, civil engineer, who by means of plans explained the terri tory about the Fosburgh house.
 Fred ". Lund, who. testified for the government and who is paymaster for the Fosburghs. was the next witness He stated that on August 20. 1900. he boarded at the Shepardson house. which is 25O feet from the Fosburgh house.
 On that night he heard the Eos burghs chatting on the piazza, quite early in the evening. He was awak- ened that night by 1lr Shepardson. who told him there was trouble at the T0sburgh house. Witness ran to the house and saw Robert L.. Fosburgh standing at the front door. He ap- re7red fo have dressed hastily. Learn ing that May Fosburgh Was injured. witness went 10 his office fo call doc