Evening star., 1901-07-26
VERDICT. MOT GUILTY
Shouts Of Hearty Applause Greeted
the Acquittal of Fosburgh'
JURY Did NOT LEAVE THEIR SEATS
In Opinion of the Judge Evidence
Was Not Sufficient.
ACK OF B u r q L A RS


trial Judge Stevens instructed the jury to
bring in a verdict of not guilty, and. this
done. ending the trial.
The jurymen did not leave their seats.
The verdict was received with shouts of
applause, which the court Immediately sup
pressed The demonstration, however, was
one of the most remarkable that has ever
occurred in court of justice.
Judge Stevens, in ordering a verdict of
acquittal, said:
Mr.. Foreman and Gentlemen During
six days we have listened to a painful re-
c!tal of one of the saddest tragedies ever
presented to a jury. beautiful girl, just
budding into womanhood, was shot down
and her brother has been accused of the
crime. The government has endeavored to
prove that the girl not shot by bur-
glars; 1t has endeavored to exclude all
other members of the family from the af-
fair, and, third, to prove that the shot was
fired by her brother, Robert s. Fosburgh.
The trial has proceeded somewhat in the
form of an inquest and has been tried with
great pains the part of the govern
ment and the defense. There has been a
desire to obtain proof and a great deal
of evidence has been introduced and ad-
mitt6d without objection, which might
might have been excluded under the
strict rule of the law. / think l ought to
also say to you that it is due to the chief
OF police. who has stood behind this proce-
cution that in the view of the court he
has tried to do his duty with single eye
to aScertaining the truth. Now, Mr.. Fore
man and gentlemen, a motion has been
made that this case be taken from tho
jury and 1t becomes my duty to say to
you that in the opinion of the court the
government has not furnished proof suffi-
cfent to sustain verdict of guilty against
the defendant, and, therefore, under the
direction of the court, in the indictment of
Robert S. Fosburgh for killing his sister,
U n nf mot crIIfIt ~
The crowd in the court room which in
CludeG hundreds Of friends of the defend
ant, broke into loud applause, which the
court Immediately quelled by sternly rails
ing his finger and commanding the sheriff
to see that the demonstration not re-
peated.
Robert Stewart Fosburgh the defendant,
was then ordered to stand while the fore
man of the jury was asked: What is
guilty"
Judge Stevens then in a few words ex-
pressed his thanks to the jurymen for their
careful consideration of the case during
its presentation to them.
Young Robert Fosburgh then dis
charged from custody and court was ad
journed.
The great crowd then rushed as one
person to shake the hand of the smiling
young man, and it was several minutes be-
fore the court room was cleared.
Public Reception to Family.
The defendant was then formally dis
Stevens then dismissed the jury but before
doing so he thanked them warmly for their
services and congratulated them because
they had not shirked the responsibility
that fell upon them
Immediately after this the Fosburgh
family was given an opportunity to leave
the court chamber In advance of the rest
of the people, and they did so, passing
down private stairway. They proceeded
at once TO the Wendell House. where a re-
hal arrA rIn.ara
people took advantage of the opportunity
to shake hands with young Robert Fos-
burgh.
AS soon as the jury was dismissed the
foreman called them together in his private
room, and for the first time there was a
conference as to what the jurors believed
Without exception they declared that they
would have returned a verdict of not
guilty within fifteen minutes even had
they not been instructed by the court
Their general impression was that the trial
was very fair one, but that the govern
ment had acquitted the defendant with
Its own testimony. They acknowledged
that. they would have paid no attention to
the exhibits In the case.
What District Attorney Said.
When District Attorney Hammond, who
has been the prosecuting officer In the
trial. was asked to make statement he
said he thought II would be Improper for
MN 10 say anything at this time except
tEat from the evidence submitted the court
was Tui!y justified in taking the case from
the Jury. He thought, however that CHIEF
of Police Nicholson was fully warranted in
making the investigation that he did
The Mothers story.
Mrs. X. L. Fosburgh, the gray-haired
mother, went upon the witness stand yes
terday and told in simple words how her
daughter was killed. Her story was given
with frequently uncontrolled emotion. Her
voice failed her and she shed tears She
CHI.
night or the tragedy by a light No one
appeared and so she got up on her elbow
ana reached forward, looking into her
daughter Mays room. Instantly two mon
appeared before her wearing masks and
looking like devils. She sprang TO her hus-
band, VINO awoke, and gave scream The
men nld not ire upon them, or at least
before they had chance to do so her
huSDand sprang upon them. She screamed
@ ana ei9tcned one of the men. Then she
hearu Beatrice say: "Oh. mamma look a.
May Mrs. Fosburgh went on to say that
her enid lay there upon the floor She
saw her son fall beside her daughter. and
she asked: Are both our children gomez
and some one answered: II am afraid they
are
Continuing, Mrs. Fosburgh said Il went
up u where May lying and put my
hngers TO her mouth, from which the blood
was gushing, until / Miss Sheldon in
the doorway, and cried to her to get some
water and towel Robert was rocking
back and forth over his sister, saying oh,
why wasn't taken do not remember
the arrival OF DIR. Paddock. | was trying
TO fix May when DIR. Schofeld came He
said must leave my daughter as she was
l remember little after that. / did not
speak to the officers. | did not see DR.
Paddock. He made a mistake In saving
that saw him that night. / saw him at
breakfast only. | helped to get breakfast
that morning and when DR.. Paddock came
said TO him: Doctor have you a daugh-
ter Of your own?' and he answered.: Yes
/ said, My girl was good; my girl was
pure; you will treat her as IL she were
Later m hat
had stin neck On examination / found
that 1t was bruised. The nurse told me
that they must have tried TO choke me-"
On Track of the Burglars.
Captain Titus, chief of the New York
detective bureau. yesterday forwarded e
Chief of Police Nicholson and District At
torney Hammond of Pittsfield, Mass. twe
affidavits concerning the Forburgh case,
The first affidavit il made by Alice Dugan,