The Washington times., 1901-07-25


Road.
On the next day they made an exami-
nation of the premises in company
with Colonel whitney and Major Mckay.
There were evidences that the burglars
had gotten in by cellar window. Referr-
ing to the pay roll he sa:d the firm paid
every two weeks. on Lesday The
S5.oJt- MIR. Lund identified a shoe shown
to hin the one he saw at the Fos-
burgh house on the morning Of the shoot
ing. He never saw the defendant or his
father wear that shoe or one like it,
Two or three points which MIR. Joyner
had brought out were emphasized in his
examination of Mr.. Lund. one was the
fact that when the witness got to the
house young Fosburgh had on only
night shirt and trousers, the State in their
opening having laid stress on the fact
that when certain of their witnesses got
there they found the family fully dressed.
Another was about the payment of the
Bohemian and Italian laborers in cash
and that young MIR. Fosburgh always Kept
2 revolver at the Office on pay days.
~Robert l.. Fosburgh, the father of the
defendant. was then announced. MIR.
Fosburgh gave his testimony in COM
posed. seIf-poised way, and with a clear
concisenesS of language which brought
out its full effect. lie was asked to tell
at some length about himself He de-
scribed his business and why he came TO
Pittsfield. There were from 26o to 20 men
in the employ of Fosburgh & Sons at
times on the Stanley Job All of them
received their pay every two weeks at
the Office near the works
Mr. Fosburgh remembered very dis
tinctly the day previous to the tragedy
Esther, the second daughter, was in
Adams. Mrs. X. !. Fosburgh. his wife,
had been in st. Louis, where her father
turned only the day previous. Miss Ber-
tina A. Sheldon, of Providence, r. l., was
a guest. Miss Sheldon, who was present
in court today, had been at the Fosburgh
h for . ~gaL la
James, and Miss Sheldon attended service
in the South Congregational Church,
while the witness, his wife, and Beatrice
Went TO the First Congregational Church.
The defendant and his wife were out
driving in the forenoon, as were they in
the afternoon After supper Some little
time was spent reading on the porch. The
family then entered the house, where
Mrs. r. L. Fosburgh. James, and May
read several selections. Upon a sugges-
tion from the witness Miss Sheldon played
on the piano and May sang After this
Mr. and Mrs. r. L. Fosburgh went to
their room and retired.
The door of the room was always left
open. The next thing Mr.. Fasburgh recol-
was awakened by his wife, who called
out: WHO is it," Two men stepped into
his room. The men walked toward the
bed, the witness jumping up and striking
at revolver held in the left hand of a
tall man. A tussle followed. Just as Mr.
Fosburgh got hold of both the mans
hands he received terrible blow which
felled him to the floor
As the witness saw the men entering
his room he uttered a terrible shrek. This
aroused the other members of the house
hold. The witness had no recollection of
what occurred after he was struck on
the head with sandbag or blackjack The
next he remembered after the burglars
broke away was his following them out
into the hallway. Then he heard his
daughter Beatrice say: "Oh, mama, look
he is hfirf
The witness then walked back into
May 5 room, where he saw his daughter
lying on the floor. Blood was flowing
from Mays mouth. The witness walked
INTO the room and knelt down by the
side OF his daughter and just as he did
so his eldest son staggered into the room
and fell to the floor in faint. The de-
-endant was picked up and assisted to mis-
-oom- The defendants father then went
% the window at the front of the house
and cried out:
Police. murder. burglars. We want
help"
Mrs. Plumb raised the window in her |
house just opposite and asked what was |
he matter. To this Mr.. Fosburgh re-
piled:
-Blrglars have been in the house and |
lave shot May When the witness saw |
sfr. Plumb and Mr.. Shepardson, who is |
Llso neighoor. coming toward the house |
le went downstairs and opened the door 4
As the witness reached the room where |
lis daughter was dead. he saw his wife |
Draging. doctor had been summoned |
de thought It was on his suggestion that |
he family dressed themselves.
Up 10 this time air. Fosburgh had not
Noticed he had been injured. His right |
eye, however. had become entirely closed, !
he side of his face was blackenel and
)ne side was very sore. His knees and |
Elbows had been badly skinned. He was |
suffering a great deal. ard he was salts |
led that one of his ribs had been broken. |
In answer to a question by counsel wit /
Beatrice zd rip pl-ad
lat When shown the hat that the Com |
nonwealth had offered in evidence as the |
me found at the Fosburgh house he said !
he was unable to identify it His atten- |
ion was also called 10 the revolver of |
cred in evidence by the State. and this /
lie could not identify. He said he had |
lever seen the hat which was found in |
he Fosburgh house that night previous /
o that time. This was also true of the |
evolver
After dressing the witness went down /
tairs with the other members of the |
amily. Up to that time no policeman had I
Irrived at the house. The witness did not |
Zee Captain White and Policeman Flynn |
Until DR.. Scofield arrived.
The witness identified the shoe found 1
n his dressing room and offered by the |
state as evidence. This shoe he never /
aw previous to the night of the trag-
dy.
His testimony was interrupted by the |
adjournment for the midday recess. and |
I vas in the afternoon session that the 1
was begun by Mr..
hammond for the State His first uues-
ion was demand that the witness de-
;Gribe the burglars.
II can only describe them" said Mr.
fosburgh. by saying that they had pill
ow cases over their heads with the points
II the corners up"
Mr.. Hammond in conducting the CROSSE
had in his hands a transcript
" Mr.. Fosburgh's testimony at the in
luest. and was constantly asking If on
hat occasion he testified to this, that, |
md the other in contradiction. or SEEM
ng contra diction, to his present evidence.
hat the answers read were not those
le had made
1t has been rumored that the prosecu-
ion had the story of a conversation al |
eyed 10 have taken place between father
Ind son at the railroad station when they |
vent TO meet Miss Esther Fosburgh on
Ter arr@ai from North Adams, the day
ifter the murder. which was very sig |
iiiicant Mr.. Foshurgh Was asked about |
his, In cross-eXam.nation.
When she saw the injuries on your !
ace and your sons. did she ask What is
he matter? and did your son reply: oh.
lothing, father and I had quarrel and
scrap Did your son say that?"
He did not. lie just put his arm
round her shoulder and hurried her
long, saying. Oh, father and have been !
n little scrap.
On redirect examination Mr.. Joyner
sked:
ilsth you anu your son Deth having q |
light on the night of the 10Th of August
asst p
NO sir
Did you and your son ever have a
eht?"
Never" replied the witness. with the
oud. clear ring OF something like indig-
ation.
There was a craning of necks on the