The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-07-26

/ III tSFiEisD, Mass. July 26.-By di-
| rcction of Judge William B. Stevens. the
jury this morning acquitted Robert s.
| Fosburgh Of the charge Of killing his sis
ter. May, on August 20 last The verdict
was received with applause.
After all the turmoil in the Berkshires.
! this ycar-Iong mystery Of provincial po-
lice chief more silent than sphinx and
the Protracted torture OF family that
! has at least proved itself brave, the Fos-
| burgh case was practically thrown out Of
| court Judge Stevens, bei re whom Fos-
| burgh was placed on trial week ago
| yesterday on an indictment charging him
| with mansIaughter in causing the death
| Of his sister granted the motion of the
defence and directed the jury to acquit
| the defendant. and the soIfd-lookfng Berk-
| shire farmers carpenters. and merchants
| who had heard the evidence went cheer
| fully through the formaIity Of obeyine
| the courts instructions
When Judge Stevens had ascended to
the bench and the court crier had spo-
ken. there was an expectant stiffness
/ that emphasized the clear. vibrating voice
/ in which the court delivered It's instruc-
tions. The judge said:
Mr. Foreman. and gentlemen: During
| six days we have listened to the recital
Of one Of the most painful tragedies that
was ever presented to a jury. \ young
! and beautiful girl was shot down in her
/ home and her brother was accused of
/ the crime It was necessary for the gov
/ eminent TO prove three things: First, THAI
/ she was not shot down by burglar sec
/ ond, that she was shot down by this de
/ fendant to the exclusion. of the posi-
I bility that she was shot by any mem
/ ber of the family; third, that the death
was caused by a criminal act.
The trial has proceeded somewhat in
the form of an inquest and has been tried
with great pains on the part Of the gov
ernment and the defence. There has
been an evident desire to obtain proofs
and 50 a great deal Of evidence has been
introduced and admitted without objec-
tion which might have been excluded 7In-
der the strict rule CT the law. I think
,
to the chief OF police. who mas stood be
hind This prosecution. that. in the view
of the court, he has tried TO do his duty
with . single eye to ascertaining the
truth
Now. Mr.. Foreman and gentlemen.
motion has been made that this case be
taken from the jury and it becomes my
duty TO say 90 you that in the OPINION
of the court the government has not fur
Eished proof sufficient to sustain a YER
dict of guilty against the. defendant and,
therefore, under the direction of the
court, in the Indictment against Robert
s. Fosburgh for killing his sister you viii
return a verdict Of not guilty"
As ne took his seat the judge half
arose again and raped for crder the
everlasting feminine buzz that had been
heard so often in the courtroom for over
a week having broken out again Then
the court clerk arose and the jurors and
defendant rather pathetic figure with
bowed head. stood up, too. The clerk
said in hard. formal routine tones:
Gentlemen Of the jury you have heard
the courts instructions. How say you,
guilty or not guilty."
As the foreman replied, Not guilty
and other Jurors nodded. there was a
wild burst Of handcIapping. Judge Ste
- = o-i ".e[- ---9 60 - ..
F-S
VIII So tili' 'Iiot ueiiio oi7'i s''1oH uoeS 4''I
o1Sui asa'i-
once more Ihe cleIh polleo lHe jurors,
'hei lAe co'l' til1iaht4 'ileiit q is'Ssi s'i'S'
ana 'ley HieI OUT i"iio"eo III d minute
OF 80 "y the r VSo uiEh fanny anu 'iie IN
'liiid'e iii'i.1S "iio i-''t ''eli 9i''i'7 'lt4i
them, nearly all Of whom were smiling
1nIouEh Tears
Ee 'ioiS 'i'O - ''l'il io0i' anu ~
% ""A'i' u 0atoS' o'i' "a 1i-7 Hu-l'e',
7''l u 'ei val " g i'AN Il 4i1ts IAN al"
We ioGho shoFliy thAt We "o0lu not nave
Dtel- OUT 4iLIetiL Hilliu - i We il' 10 CON
sl"sI lhe eF'oei4ce- O"Iy one ma" h1d
iiad any o"uo'S' aiio ne Si'u 'iiit ne vas
- aIiSileo mat t!le 'eiu''I oI"e'eu pS IHe
co'it was l"e I'sHt one We "o,1lu nave
a. - iNst'i'i''S-
al tiiS 6i4iiL4Ii9 "a 'LiS 4e7'I i''ltI tii7
ven 4'aN p'ou1Se" iio 1lioi Pi'oi ,i11i
tL7'S was 9 Ssdi a9' IsiolHs % SHo"
Iiia1 Siie young man acSUSeu ha' Hsic tilS
Ls'o 'oi'sL WIN which iiis SiS'7i "'7 - u
->vs o'liS Ha1 'iIfi' i''' "'s-" VII D"I
II ''o "o' ~ 70, "-s
H''ii''7' % '''S 's''''S o0"'N "a ~" me
j." - i''''' anu mo- 80 = q si47
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i4SI ''Ts'IIi @1 'iF ii'ii'' oi o1ie oi '''Siii'
There was nothing Tor the court to do |
llader the law bat withdraw the case |
Idtt biat LiiS yu''5' '11 % Fe'9 d ISii.'7'i-