Daily Kennebec journal., 1901-07-19
Ros1. 5. FossGacH
Continued from pare I,

called upon to stand while the fury
was impanneiied This did not prove
a hardship as less than half an hour
was taken up in securing the men
who are to decide the case. the list
being given above.
The defendant challenged but one
man. The state challenged two. The
others were accepted as soon as they
mad answered the usual questions Mr.
Barnes. who was the ninth man select
cd. declared that he had formed an
opinion. Yet not only was he accented
but afterward he was appointed fore
man.
When the selection of the jury had
been completed Judge Stevens deliver
ed serious address to the representa-
tives of the press. The judge held that
while it was the right Of the newspaper
men to report everything that actual
ly occurred in the court room. they
should not comment upon the force and
weight of the evidence or criticise it
IN such way as to create any impress
sion upon the minds of the Jurors if
they should read the newspapers.
Continuing. the court said: IF the
attention of the court should be called
To the fact that there was such pub
ication. two results might follow.
First, 1t might be the duty Of the court
to withdraw the case from the Jury:
second. any reporter making such pub
lication or sending out such would he
in contempt of court"
The judge then requested the Jurors
not to read any reports of this case
and not to discuss the matter with
their family or friends in order that
their verdict might be absolutely fair
both to the government and to the de-
fendant.
District Attorney Hammond opened
FOR the government at 945 o'clock
with tho statement that the Jurors
should not expect strange ol sensation
81 evidence, but plain facts. He briefly
reviewed the case and concluded his
preliminary by assuring the jurors that
they should have an opportunity of
viewing the premises. He then showed
several maps and plans of the house
the floor plan and the location of the
beds and other furniture. He told the
jurors that they should consider the
charge in itself as manslaughter and
the elements which constitute murder
The government does not claim that
the girl was killed on purpose. but un-
der circumstances which were lawfully
blameful. II she was killed through
angry carelessness on the part of her
brother or during the excitement of n
family quarrel, he is guilty 1t is claim
ed that Robert had the exclusive op-
portunity and was the only one who
could and did fire the shot. The gov
eminent need not or will not 90 into
the question of motives. all it needs to
show is who fired the shot.
The government will show that there
were no intruders in the house that
night. The night dress of Fosburgh' $
wife was torn stright down the front
and the hem was ripped. The furni-
ture was broken and misplaced in two
rooms. The Castors on the old gem
tleman's bed were broken. \ lamp
was overturned and a mirror and
screen in the kitchen bedroom mis-
placed. He then made a brief review
Of what constitutes circumstantial evi-
dence and repeated a phrase of Mr..
JOINER. one of the counsel for the de
fence in another trial in which h. said
"Hew to the line. Let the blows and
chips fall where they will. We want
the truth.
Referring to the statement of the de-
fendant to the officers that he saw two
men jump from the balcony and a
third run down the stairs and across 4
field, Mr.. Hammond said that this field
a
morning. but no traces Of its being dis
turhed by man or beast could he found.
The district attorney said that the
defendant had told Il different story
daily. that he had showed nail holes
for bullet holes and that from the be
ginning the robbery story had been
found to be full of Inconsistencies.
The district attorney concluded his
address just after IL o'clock and an adj
iounrment was taken until 2 o'clock. In
the interval the jury was taken for q
view Of the house occupied by the Fos
burghs in which the shooting took
place and Of the adjacent grounds.
The government witnesses received
the oath together at the opening of
the afternoon session. The court did
and nearly 20 minutes had elapsed af
ter that hour before the session was
taFcn up.
Day was before the court. late this
afternoon. and upon his promising to
keep away from his wife's home in the
future. he was fined $3.Si and released
from custody.
Eighteen witnesses for the prOsccu-
tinn were sworn, among them little
Beatrice FoSburgh. a sister of the de-
fcndtnt. City Engineer Arthur A.
Forbes. the first witness. testified to
making the plans of the Fosburgh
house and surroundings as shown on
the wall Of the court room and these
planS were gone into in a most eX-
haustivc manner. Mr.. Forbes told of
the distance from the hOuShc to the
several highways and houses in the
vicinity. Much time was devoted by
Mr.. Crosby in examining Mr.. Forbes
as 10 the locati of the balcony on
The second floor with reference to the
piazza below.
DR.. Frank A. Paddock. medical eT-
aminer for this district, testified that
on the morning of the death of Miss
Fosb,,rgh he was called twice by tele-
nbone and arrived at the house at -
.o-clock. He described finding the body
and said the feet were about @1a feet
from the doorway which led into lit
flo d,rk hall on the bed in that room