Connecticut western news., 1901-07-25
THE F0SBURGH TRIAL.
Case of the Prosecution Rests
 Unexpectedly.
DEFENSE MOVES FOR DISMISSAL.

DEFENSE MOVES FOR DISMISSAL Judge Refuse. to Entertain the Mo- tion-Attorney Joyner Makes Hi. Opening speech-seyeral Reporters Excluded.
 Pittsfield. Mass, July 24AThe prose cution, represented by District Attor- ney Hammond, rested at 3:25 o'clock yesterday in the trial of Robert $. Eos burgh for the alleged killing of his sis ter May. The conclusion was as sud den as it was unexpected, it being known that there were witnesses held in reserve.
 The junior counsel in his opening ad- dress, however. succeeded in setting forth nearly the whole of the facts up- on which the defense Is based and In a remarkable manner.
 There were none of the flights of im- passioned oratory or attempt at elocu. tionary effort. but a simple, plain yet emphatic recital of the occurrences of the night so memorable to all concern ed, and he declared that 1t was but the truth that he told and would be proved by the evidence. His references to the tragedy, with all its exciting details, and his touching and tender allusions to the dead girl and her relations to her brothers drew forth sobs from many a female spectator, and there were not few moistened eyes in the room when court adjourned before Mir. Joyner had finished his opening ad- dress.
 There have been many sensations during this trial-the case being sensa- tional enough from its very mysteri- ousness-but there was bolt as from clear sky yesterday morning at the very opening of the session, when Judge Stevens ordered the expulsion and exclusion of several representa- tives from three New York papers for the balance of the trial because of an article which had been published rela- tive to an alleged episode at the grave of the victim of the tragedy.
 Nichoison's Testimony.
 The chief witness for the prosecution was John Nicholson. head of the po- lice department of Pittsheld. The chief was an interesting figure, swarthy of countenance. with keen blue eyes. small but very bright, and his clear, distinct and emphatic replies to ques- tiCns were a feature of the session. He wore black suit without vest and a belt, and he was continually twlrling the ends of his mustache.
 Officer Flynn, who searched the Eos burgh premises on the morning follow ing the tragedy and who found the single shoe which has figured as DOT ton of the prosecutions chain of evl- dence. was also witness.
 Captain White of the local police was the first witness of the day, and his cross examination was resumed by Mir. Joyner. His testimony was notable for his remarkable lack of memory and the many things which he did not know concerning the case. These facts were made much of by the defendants coun- sel.
 Officer Flynn proved to be n witness more confident that he was not mlstak- en. There were number of minor wit. nesses. one of whom was Dr. Schotield. who testified Monday.
 At the conclusion of the prosecu- tion's case counsel for the defense sug. gested to the court that the cnsc be dis missed for lack of proper evidence. Judge Stevens. however, stated that he was not ready to entertain such mo- tion.
 Opening of Defense.
 Mir. Joyner then began his opening address to the jury. He said that the state had obligingly proved many things that the defense had proposed to put in evidence, among others that Miss Fosburgh was shot down at close range and from directly in front.
 He said furthermore that 1t would be shown that Mrs. Fosburgh was the first person in the house actually to see the lntruders. She would testify that she was awakened by seeing n light In the hall. that she thought it was some of the children going to the back room, that she called out, "Who Is ltf' that instantly two men wearing pillow cases over their heads appeared at the door or the bedroom. one of tlem having & revolver and the other a light; that she SNiNhhlth anu Ahha hhSUdih sprang out of bed, that she saw him in death struggle with one of the men. that she saw the other raining blows on his head. that she herself grasped the man who was beating her husband and received heavy blow herself
 Mir. Joyner also said that Beatrice would testify to having heard her fla ther's shriek and to springing up in bed and eXclalming, "0h, graciousw that she then sprang out of bed right over her sister May, that May got up and was just at the door opening Into the hall when there was the flash of the pistol and Beatrice saw standing In the hall the form of man with pillow case over his head. MT. Joyner then took up the stories of Mrs. Fosburgh. Jr: Miss Sheldon and the defendant, showing that they would be told on the witness stand for the defense substan- tially as witnesses for the prosecution had testified that they were told to them. MT. Joyner was still speaking when court adjourned and will con clude his opening at this mornings ses- sion.
 Brave Regular Rewarded.