The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-07-20
THE FOSBURGH CASE.
Developments Ht PittxaeId That
Cause General Speculation

/ PITTSFTELD. Mass. July 20-Therc
| was "A Inn in the Fosburgh case today
| but only as far as concerned the actual
| trial OF Robert Stewart F'osburgh. the
7 young man accused of killing his sister
/ nearly year ago.
Developments in the courtroom were
suspended yesterday by Judge Stevens.
who declared an adfournlnen: until Mon
day when it is expected that the trial
/ viii proceed rapidly 20 a conclusion, but
{ the adjournment csused no lapse of in
I terest in the case, and, moreover. there
were developments to provide live sub
jects for the speculation that continues
rife.
! Not the least important fact that be
came known today was the one stated on
the highest authority that the defence
relics chiefly on the testimony Of the de
flndauts mother to Gerry conviction 10
the jury that The famiIys story that
there were intruders in the house on the
night Of the shooting and that tie eldest
daughter met death at their hands is so
true that no fair-minded man can doubt
it The fact has teen known but over
looked that it was Mrs. Robert /. Eos
burgh, the mother who is alleged &c have
had first sight Of the burglars IT most
Of the reports that have been circulated
in the last few months, in print or by
word of mouth - elder Fosburgh has
been credited with the discovery Of the
maraude-s-
Mrs. Fosburgh, the elder. has never
been quoted as talking much about ,ue
case None Of the prosecutors witnesses
who have been on the stand so far has
been able to tell any story that she told,
though more or less extended statements
or remarks Of every other member Of the
family have been already a.Iduced in evi-
dence in the COMMONWEALTH process Of
/ trying to build Up its case largely out
OF the alleged fabrications and plants
OF the family to conceal the truth. That
she has = story IS vouched for by a life
long friend OF the family who has spent
time and money in assisting the defence
IL the preparation q its case. That she
Viii tell it there Is the authority of Her
bert c. Joyner, the Defendants lawyer,
who has examined all witnesses for his
side. Nir. Joyner said today:
u do not believe that there will be any
fair-Ininded person il the courtroom who
viii hear the testimony Of this young
mans mother and not be convinced be
yond the shadow Of q doubt that there
were outsiders in the house that night"
BY all accounts, the elder Mrs. Fosburgh
lS q frtlaFEibiS woman r FtFilf!S OF sHt
FosburEhs say that she has been the
backbone Of the family all through this
trying affair Since The trial began she
has been the most bu0yant Of the defend
ants large party.
The residents Of Pittsfield discussed to-
day the very authentic information that
the defendants wife would take the stand
Information as to the nature Of her story
was lacking. but speculation found enough
to feed upon, in view OF the prosecutions
allegation that her night dress was torn
10 shreJs on that tragic August night and
the insinuation in the prosecutors open
ing address when he said that Immediate
" after the shooting the defendant went
East and his wife went to Buffalo and
that they we're apart for some time This
separation is explained reasonably by the
defence, however. Mrs. Fosburgh. the
younger. forms one Of the family group
at the hotel and the courtroom and her
mother, Hrs WiIliarz !. SIo5a. who
came here from Buffalo yesterday, is with
her
Il did not become known untH today
thaJ when .hc defence. on Dr. Paddock's
cross-oNamination. tried 70 put IN evi-
deHcc the autopsy report in which the
witness had stated that Miss FosburCh
was killed by a burglar. another report of
Or Paddock touching on the case was
also offered in evidence
The Autopsy report was flied less than
tweHty-four hours after the shooting.
The other report that was offered was one
made by DR. Paddock about a month later
TO an accident insurance company in De
trcit. when ycIng F0sburgh and HIS IA
ther applied for and received indemnity
on policies which they held, setting up in
iUries and impaired health consequent on
the invasion Of their hCTre
IN this report, Dr. Paddock described
the injuries which father and son had re-
ceived- He said also that young Fos-
hurgh. from August % to August q. had
suffered from insomnia and nervousness
and that on his advice, the young man
had gone to Halifax for twelve days and
had returned in good health. DR. Pad
dock in his rerort did not say anything
as to the cause Of the injuries. which was
set forth by the Fosburghs in other pa
pcrs containing the claim for indemnity.
but those who heard about the report to-
day said that ths physician a medical
examiner for The Commonwealth a man
Of the highest professional standing and
general repute in the Berkshires. would
not have been party to claim for in
surance II he thought that the Fosburghs
had been injured in a family row
Judge Stevens ruled out the autopsy re
port yesterday. unless the defence was
willing that Dr- Paddock should explain
his reason for saving that burglars killed
May Fosburgh. Tho defence. it was ex-
plainod afterward G;d not consider the
report Of sufficient Importance TO be pre-
seuted at the time and thought that DR.
Paddock's explanation would come in bet
4yr- gg4
1t was said today by man associated
with the defence that the reports would
lie offered later
Mr. NicitoIs- the Chief of Police tried
20 obtain DR. Paddock's insurance report
from the company some time ago, but he
was Informed that the defence should
have it in custody. and he did not get IL
No one knows why he wanted it, nor
why ne considered IT as of Importance
for the prosecution