The daily morning journal and courier., 1901-07-19
F0SBURGH TRIAL UNDER WAY
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 faintness. yet he refused to accept q
 chair offered by the court and showed
 remarkable self control and courage These attack of illness had some effect
 on the nature of his testimony, caus- ing hin to forget several things which
 the government had hoped to bring out. As hls testimony was not concluded at
 tse adjoui nment of the session, an ef- fort will De made to refresh his mem
 cry tomorrow. It is expected that Dr | FaddCck's cross examination will be eX-
 treinely rigid.
 The most interesting portion of the | session to-day was the description of
 the bullet and the bloody night robe
 worn by May Fosburgh. The comb | box from the bureau in the spare
 room in tl,e Fosburgh house on the
 night o: the tragedy, and which was 1 found on the following day to nave
 been .iarced by a bullet, was also ex-
 hibited ty the government, and there
 the state rested It's case for the day. After impaneling of the jury Judge
 Stevens made an important statement
 to the reporters suggesting punish | ment for contempt of court and possibly | the with lrawal os the case from the | jury as the re suit of the publication Of any improper criticisms, or statements | as to the evidence in the case. o'clock the presentation of evidenca he- gan. Eighteen witnsses for the prose- | cution were sworn among them being Beatrice Fosburg, sister oe the defend ant.
 | City Engineer Arthur A. Fobes wns | the first witness on the stand. He testified to making the plans of the Fus,1rgh house and surroundings as shown on the wall of the court room,
 and these plans were goine into in a most exhaustive manner. the witness showing the location of the doors, win dows, furniture, etc, especially on the
 second floor of the house, where the
 crime Is alleged to have been commit
 ted. MT. Fobes told of the distance from the house to the several highways and houses In that vicinity. Much
 time was devoted by John c. Crosby,
 who is assisting the district attorney, in examining MT. Fobes as to the loca- ton of the balcony on the second floor with reference to the piazza below Cross examination brought out the fact that MT Fobes was assisted in making the plans by three other men and that the plans were made at the request Of Chief os Police John Nicholson.
 pr. Frank K Paddock, medical ex- aminer for this district, was the next and last witness of the day. He testi- | fled that he had been in practice in | this town for thirty seven years and | for twenty years as medical examiner. | On the morning of the death of Miss Fosburgh he was called twice by tele- phone and arrived at the house at 2:20 | o'clock.
 He described finding the body and | said the feet were about thirty inches from the doorway which led into lit- tie dark hall On the bed in that room was Miss Beatrice Fosburgh and a wo- man whom he did not recognize, fully dressed The witness then related the conversation he had with the defend- ant and his father that night in regard to the bruises upon their heads, which they claimed had been made by sand bags. He told the story given by the defendant and the family in regard to the alleged burglars just as it has been told many times during the past year. He then described the position of the furniture and the condition of the wound and of the night robe worn by the victim. The garment was then put in as evidence, together with 92 cali bre bullet which the witness declared was the one taken from the body dur ing the autopsy, Several square pieces cut from the bottom of the night robe were also shown, the witness having used them In making tests as to the distance at which powder marks from a 32 calibre bullet, such as appeared on the garment, would be caused.
 MT. Hubbard objected to the testi- mony at this point, on the ground that the witness was not an expert. The court reserved it's decision.
 At this point MT. Crosby, in reply to a question from Judge Stevens, said that the revolver which fired the bullet found in the body had never been re- covered. He said the prosecution was to show that the defendant had bought a revolver a few days be- fore the tragedy and that the defendant had said it was this revolver which l was used in the shooting and that the man who fired the revolver stood at east seven feet from his sister when the shot was fired.
 Dr. Paddock then testified to pre- scribing for Mrs Fosburgh on the fol- owing afternoon. He stated that she was so hysterical that he could not get her to tell him anything about the ho a11apa1 Tor | lew days later he visited the premises and discovered that bullet had pene- trated comb box on the bureau in