The Montgomery advertiser., 1901-07-25
THE FosBuRaH TRIAL.
Witnesses for the Defense Now Be-
 ing Heard.


 Pittsfield. Mass, July 24.-The hear ing of evidence for the defense was begun in the Fosburgh case today.
 Robert Fosburgh, the brother of the defendant, was called. He began by describing the movements of his fam fly from the time they came to Pitts field till the day of the shooting. The defendant and his wife came to live ! with the witness about July 1. He said I he employed about 270 men in his bus mess as a contractor. They were most ly Italians and came from New York.
 Mf. Fosburgh described the events of the day previous to the tragedy. Mrs. R. l.. Fosburgh had returned Saturday from St. Louis, where she had been fo: six weeks on account of illness of her father. He spoke of Miss Sheldon as on visit to his house. having been there for two or three weeks. MT. Fosburgh proceeded to re- late the happenings of Sunday, telling how they went to church, how they had luncheon, how they sat upon the porch in the afternoon reading. Dur ing the afternoon he took a short rest. At o'clock the defendant and his wife went for a drive, taking Mrs. Robert L. Fosburgh to the works, returning about o'clock. After supper they all sat upon the porch until about dark, and then they passed into the parlor.
 During the recital of this testimony Mir. Fosburg trembled and there were tears in his eyes. Mir. Fosburgh then told of the shooting. He said he was awakened by his wife; that he asked her what the trouble was. He saw what appeared to be light moving in the hallway.
 He raised himself upon his left el- bow and saw two men walking into the room toward his bed, one of them holding a revolver in his left hand, and pointing it toward the face of the witness. MT. F'osburgh sprang up shouting. and got his feet upon the floor. He struck the man on the mus cle of the arm and knocked the revol- yer out of his grasp. Then he, himself, was struck with a sand-bag and he recalls nothing further till he got up and went to the kitchen bed room. where he saw some one standing by the bedroom looking out. The next thing he remembers that he heard Beatrice cry. "Oh, mamma. look at May, she is hurt" He then went back and saw his daughter on the floor, her mother by the side! and James leaning over her head. Robert, the defendant. came into the room and fell down. Beatrice brought some water and the witness threw it into his sons face. The wit ness then ran to the front window and cried: "Police! Murder! Help! We want help" .
 Mrs. Plumb came to the window of her house to inquire if anything wal wrong. He told her that. burglars had been in the house and had shot May. He then ran back to Mrs. Fosburgh and to where May was lying. He thought that he went to the window a second time and then to the first floor, where he saw Lund and Shepardson coming. Then he went up stairs. He did not know that he was hurt until at tention was called to his left eye. which was entirely closed and the side of his face which was black. He did not say anything to the family about his wounds. He was shown a revolver. but he could not identify 1t. He was asked if he saw che hat in evidence the night of the shooting. He was asked if he ever before say the hat that Beat rice had found in his room on the night of the shooting. He answered no. He said that after he dressed he went down stairs with his wife. The first that the witness saw of the Officers Flynn and White, was in the kitchen bed room. Flynn had discovered the shoe and he asked witness and the defendant if 1t belonged to anybody in~the house. The shoe was handed to MT. Fosburgh. He said that he thought 1t was the same shoe. He never had seen the shoe before
 the night of the shooting.
 He continued by saying that the third time he saw the shoe it was wet on the bottom and very muddy. Asked if he had been in New York City July 5, 1900. MT. Fosburgh said he was not,
 but was in Pittsfield. He said:
 The family left the house practi- cally at the same time when they left with the funeral for the cemetery. Mrs. Fosburg and the others never went back. Esther. who was not subjected to such a terrible ordeal as the rest, . went back and got some of her things. 1 Subsequently the family went to the f hotel, where they have remained ever | since"
 On the subject of what has been done to detect the burglars, MT. Eos i burg spoke of employing four detec- : tives. He offered a reward of $1,S0C f for the arrest of the men. and that offer still holds. He remembered that : the city also offered a reward.
 Do you know of an offer of a re- ward through Police Chief Nicholson" l Yes; he was authorized to print . circulars. etc."
 After recess, MT. Joyner continued 3 his, direct examination of MT. Eos
 burgh. He asked tke witness if he could describe the men who came into his room, and Mir. Fosburgh said that i they wore pillow-cases over their heads 1 for masks, and that one of the mer
 was taller than the other.
 At this point District Attorney Ham | mond began his cross examination oi 1, the witness. In response to questions : MT. Fosburgh said that the pillow. cases were pulled down over the heads of the burglars with the corners stick.
 ing up, and that they extended over the . breasts of the men. In regard to wheI he first saw his son. Robert S. Eos burgh, he declared that it was wheT . he passed through the hall and step.
 ped into the kitchen bedroom. In response to various questions by [ MT. Hammond, MT. Fosburgh said. iL 9 substance that he saw young Mrs. Eos. t burgh. and he observed that her night ? dress was torn. He had no recollection I of hearing pistol shots, or of making ' A statement that he had heard pisto l shot. When he dashed the pistol from ? the mans hand he had the impression v that it was knocked against the bu- g reau.
 . When Esther came, did your sor q say to her that he had been in 8 - scrap?"
 T No, sir: she asked what had hap. y pened, and he put his hand on hel Q shoulder. saying. Oh, nothing. Esther 3 Innlv mana ana have been in a Scrap.'