New-York tribune., 1901-07-23
BROTHERS, DRAMATIC TALE
YOUNG FosBURGH'S STORY ON THE WIT
NESS STAND AT PITTSFIELD.
THOUGH CALLED BY THE PROSECUTION
HIS TESTIMONY TELLS HEAVILY IN
FAVOR OF DEFENCE.
icy TELEGRAPH TO The TRIBUNE.

icy TELEGRAPH TO The IRIBUNEJ
Pittsheld Mass, July 22-This was a day OF
dramatic interest in the trial of Robert fos-
brrgh For the first time since the trial opened
the prosecution used the evidence of one OF the
members Of the Fosburgh family in the eiore
TO fix the authorship and concealment OF crime
within the family circle Young James B. Fos-
burgh, brother Of the defendant, was selected
for the purpose by the omnonwealth's repre-
sentatives-
The silence in the court room when the young
man was called was almost oppressive. Tall,
smooth faced, with handsome open counte-
nance he no sooner took the stand than 1t was
evident he had sympathetic audience from the
start The plain matter of fact farmers, who
comprise the jury, looked the young witness
over critically and settled down with an abso-
lutely unprejudiced air to hear the story he had
TO tell.
Ex-Congressman John c. Crosby has assisted
the prosecution from the beginning of the case,
while District Attorney Hammond has kept in
the background and contented himself with
offering suggestions. But when James Fos-
burgh took the chair to testify Mr.. Hammond
came forward conduct the examination OF
this important witness. Young Fosburgh was
the irnpersonation of courtesy il his demeanor
on the stand. When he spoke it was always In
a clear fearless tone, without hesitation and ap-
parently with frankness and sincerity, and the
members Of his family. including his father and
mother his sisters. Beatrice and Esther, his
brother, the defendant, and the relatives ana
personal friends, numbering over a hundred
turned an encoura aging gaze upon him. Mr.. ana
Mrs. Fosburgh, the prisoners wife and the de-
fendant himself scarcely took their eyes off him
during all the long examination to which he was
subjected
JAMES FOSBURGFS TESTIMONY.
The story of how he was aroused by the noise
on the morning Of the tragedy proved to be in
tenseIy dramatic. He spoke as if the events
OF the terrible affair had been freshly brought
20 his memory. He was visbly affected at
times particularly where he told Of the finding
Of HIS sister, May. lying PROSTATE upon the floor
of the room. and the frantic efforts made by
him and other members of the family TO revive
her The vivid word picture affected many in
the audience It will be remembered that James
Fosburgh who is a Yale student had returned
TO Pittsf1eld some weeks before the shooting.
He occupied the lower floor Of the
Fosburgh house, the rest of the family and Miss
Sheldon sleeping the second floor Mr. Ham
rnond opened his examination Of the witness by
getting him TO all the members Of the
family Then he was asked to tell the move
ments Of the various members Of the family on
the day preceding the night Of the tragedy.
May Miss Sheldon and I attended the South
Congregational Church services In the after
noon we remained at home. I read aloud. and
so did my sister and Miss Sheldon. We read
Browning poem. among other things. In the
evening sang, Miss Sheldon playing and my
sister singing. My brother. the defendant, was
home during the afternoon. At o'clock he
drove out with his wife. While they were gone
we walked over to the Stanley works. We all
returned to the house in time for supper at
o'clock
AWAKENED By A TERRIBLE SHREK
IT think my father and mother, Miss Sheldon,
my brother and his wife retired about 1880
o'clock. My sisters May and Beatrice remained
with me downstairs little longer. read until
about 11:45, when retired also. was aroused
by noise in the cellar like one had heard the
previous Friday night but decided it was moth
ing to be investigated and went to sleep again.
The next knew j was awakened by g. terrible
shrek, which came, as / made it, from my
fathers room. I leaped out Of bed, turned on
the electric light and then ran upstairs, lighting
the electrics / went AS I started up the
stairs heard the voice Of my sister-in-law call
ing my When she saw me she cried
Your father has gone crazy your father has
gone crazyr I brushed her aside and into
my sisters room She lay the floor 1 saw
something was the matter, and just then my
father and mother came into the room. They
knelt beside my sister My brother the defend
ant, came reeing into the room in moment and
sank on the floor not far from my sisters body.
called for water towels and ammonia to bring
my sister back TO consciousness. for I thought
she had swooned or something Of that sort
did not know she had been shot. But didn't
wait for the articles to be brought. down.
stairs. pulled my trousers and in my bare
IN he of7c of he m
telephone for a physician. Then / returned
home. heard on my return that burglars had
entered the house and shot my sister. That
the first knew Of it,
Didn't you ask, when you went upstairs.
what the matter was?" asked Mr. Hammond.
NO." the witness replied Il didn't have
time I saw something the matter, and knew
that a doctor must be called, 1 hurried right
OF TO bring one"
aroused you sounded like the moving OF
table?"
Il DO not recall"
did you not say it at the inquestT'
Il DO not remember"
This IN the main was the story Of the young
man There was great deal more detail, much
of which was brought out in the cross exanina-
tion by the defendants counsel. He said that
the shoe found was not his fathers size. and
was wet when he first saw 1T
STORY OF THE TORN NIGHT DRESS
The State offered one witness to-day to testify
to the torn night dress Of Mrs. Robert S. Fos-
burgh. which. II is claimed by District Attorney
Hammond is evidence that the defendant and
his wife quarrelled The testimony came from
Annie Nash, washerwoman, VINO DID work for