The sun., 1901-07-27
|FOSBURG is ACQUITTED.
Judge Instructs Jury to Return a
Verdict of Not Guilty.
APPLAUSE BY SPECTATORS.
After the Discharge of the Young
Man Hundreds of People Hasten
to oner Him Their Con-
gratulations.

Pittsfeld, Mass, July 26.-The trial
Uf Robert Stewart Fosburg for the al
legged killing of his sister May was
brought to an abrupt close when the
Jury, under instructions from the court,
returned verdict of not guilty.
Immediately upon the opening OF
court by the aged squire Judge Stevens
arose, faced the jury and directed 1t
that a verdict of acquittal be given Tor
the defendant. Judge Stevens said:
'.Mr. Foreman and gentlemen, during
six days we have listened to a painful
recital of one of the saddest tragedies
ever presented to jury. A beautiful
girl just budding into womanhood was
shot down, and her brother has been
accused of the crime. The government
has in accusing the brother Of the
crime been called upon to establish
three thirgs-first, that May Fosburg
was not killed by burglars; second, the
government must exclude every one
Else in that house from the charge ex.
cept the defendant, and, third, that the
act was n criminal one. The trial has
proceeded somewhat in the form OF an
inquest and has been tried with great
pain on the part of the government and
the defense. There has been desire
to obtain proof, and so great deal of
evidence has been introduced and ad-
mitted without objection which might
have been excluded under the strict
rule of the law,
II think ] ought also to say to you
that it is due 10 the chief of police, who
has stood behind this prosecution, that
in the view of the court he has tried to
do his duty with single eye to ascer.
tanning the truth. Now, Mr.. Foreman
and gentlemen, a motion has been made
that this case be taken from the jury,
and 1t becomes my duty to say to you
that in the opinion of the court the
government has not furnished proof
sufficient to sustain n verdict of guilty
against the defendant, and therefore
under the direction of the court in the
indictment OF Robert 5. Fosburg fol
killing his sister you will return yer,
dict of not guilty"
Applause In the Courtroom.
AS the judge concluded his remarks
the people in the courtroom began clap
! ping their hands. but the judge imme
dately ordered that the applause be
| suppressed. ana this was done by the
court officers. The defendant stood
while the foreman of the jury replied
to the question, "What is your YER
dict?" The reply was, Not guilty"
The defendant was then formally dis
charged by order of the court. Judge
Stevens then dismissed the jury, bu
before doing so he thanked then
warmly for their services.
Immediately after this the Fosburl
family was given an opportunity II
| leave the court chamber in advance o.
the rest of the people, and they did SO
| passing down Il private stairway. The.
| proceeded Mt once to the Wendell
House, where reception was held an,
where hundreds OF people took advan
tage of the opportunity to shake hand
with young Robert Fosburg.
One of the feat ps of the brief ses
sion of court was the announcement +
the newspaper men of Chief Of Polio
| JoIll 4NlcHDlSOH 10 the tilect tnut Ill
affidavit which had been sent to hir
by Chief Titus of New York, allegin
that one Gray is now suspected of bt
ing the man who shot May Fosburl
had arrived in Pittsticld by registere
letter, but that the chief had refuse
to accept it and that ii would be II
turned to New York.
In explanation of this action Chic
Nicholson declared that he felt he ha
not been treated right by Chief Titus
He said:
'.If the New York police want to sen
anything to me, they know how to
it properly without notifying me b
wire "a hours before and then givin
it out themselves to the newspapers. "
Mr.. ana Mrs. Robert l.. Fosbur,
their two daughters, Esther and Be;
tricc, and their son James will leay
soon for down east. Robert s. Fosbur
ana his wife will so to Maynard Mass
as soon as Mrs. Fosburg's health wi
permit. They will occupy Il cottag
: there, which was being arranged fc
them at the time Miss May Fosbur
was shot