New-York tribune., 1901-07-25
FOSBURGH DEFENCE OPENS
FATHER AND SISTER OF PRISONER
GIVE THEIR TESTIMONY.
BEATRICE FosBURGHs STORY AFFECTS
COURTROOM TO TEARs-sLIGHT DIS
CREPANCIEs IN ELDER FoS-
RrrRGH,S TESTIMONY
BURGH'S TESTIMONY.
rBr TELEGRAPH TO THE rRrBUNE.l


inning to-day in the trial of Robert 3 Fos-
hu,ph and two members of the family, Robert
L Fosburgh the father of the defendant, and
little Beatrice his sister, told their dramatic
stories filled with psthos and tragic interest TO
the Jury. At times, the recital of the events OF
thst terrible night when May L. Fosburgh, the
beautiful and accomplished girl. the pride or
her parents and the companion and confdant
Of her brother Robert. so tragically met an un-
expected end was heartrerding. When little
Beatrice described the scene of domestic felicity
that prevailed in the house the evening pre-
cecing the incomprehensible crime, and told of
Mays singing to the assembled family, the tears
rushed to her eyes and TO those of the other
members OF the family well as half the court
room.
do you remember what she sang?" asked Mr..
Joyner. in a subdued tone. to the little girl
II remember the last piece" replied Beatrice.
What was it?"
The Plains of Peace" replied Beatrice,
her eyes.
Mrs Fosburgh the mother of the witness as
well of the dead girl the sister Esther and a
score of feminine friends of the family bowed
their heads and wept also. Some of the jurors
looked hard at the rail in front Of them. and
many Of the persons in the courtroom were ar-
fected. When Beatrice further related that
Mrs. Robert s. Fosburgh, wife of the defendant,
was III that night and that May made hot lem
onade and carried it to her bedside only an hour
or two before her terrible death. it seemed as if
the young Mrs Fosburgh would utterly break
down. She covered her face with her handker-
chief and her frame shook with her suppressed
sobs Seldom has so pathetic scene been wit
messed in a courtroom.
THE ELDER FOsBURGH BREAKS DOWN.
When Robert L. Fosburgh. who had previ-
ously testified related similar details, the dem
onstration was less pronounced Several
times he broke down and had to pause until ne
recovered his composure That the show OF
feeling was genuine it would be insult to
human nature to entertain the least doubt 1t
was spontaneous and real to the furthest mean
ing of the term. Even the most hardened dis
interested spectators were touched.
1t cannot be said that the of the testi-
rnonv given by these two important witnesses
for the defence was entirely satisfactory TO the
partisans of the Fosburgh family. Bearing in
mind the interdiction of Judge Stevens against
the discussion by the newspapers of the evi-
dence presented, and also recollectins the sum-
mary action he took yesterday in expelling half
g dozen reporters from the courtroom for the
rest of the trial. il is not profitable TO dwell on
certain features of the testimony which have ex-
cited much interest 1t can be said however
that the cross-examination of the witnesses
named by the astute legal representative of the
State District Attorney Hammond suggested
numerous discrepancies between the testimony
offered to the jury to-day and that given on
previous occasions 10 the grand jury.
DISCREPANCIES IN FATHERS STORY.
Flat deniaIs 10 some questions read from the
sfenographic repor= of the inquest made
bv Mr. Fosburgh To other questions he replied
in a manner indicating that he had waited TO
remember the answers he had given at the In
quest He positively repudiated the statements
made by several witnesses that he had said one
of the burglars who came to his room carried
revolver in his left hand and a lantern in his
right hand For instance. this passage appears
in Mr.. Fosburghs testimony:
Mr.. Hammond-Didn't you say to Dr. scho-
field that the man who entered your room had a
lantern in his hand?
Mr. Fosburgh-I do not recollect telling it.
Mr. Hammond-Didn't you tell Mr.. Hollister,
a newspaper reporter, that you We're sure II
was lantern for you saw it swing In his right
hand?
Mr Fosburgh-No. sir.
And here is another passage:
Mr.. Hammond-You did not hear any shots?
Mr. Fosburgh-No, sir.
Mr. Hammond-Did you not say at the in
quest that you heard two shots?
Mr.. Fosburgh-I do not think so.
Court opened at 915 with the usual crowd of
people. mostly women. who filled every available
seat in the courtroom. The usual quota of
friends of the Fosburghs was there. occupying
nearly one hundred seats inside the bar in
closure The defendant sat behind his counsel
and beside him sat his wife. pretty, pale faced
young woman. who, if her manner toward her
husband in the courtroom is a criterion. is deep
" attached to him. During the days proceed
ings they frequently held conversations with
smiling faces.
The mornings session began with the junior
counsel for the defence finishing up his opening
address He declared that the search on the
part Of the family for the murderer had not
been given up. but would be pursued constantly
He closed with high tribute TO the character
Of the dead girl and ended with a poetical
peroration The witnesses for the defence We're
then called and sworn. and from among them
Frederick w. Lund bookkeeper for the firm of
Fosburgh 6; Son, was selected as the first wit
ness.
THE BoOKKEEPER ON THE STAND
He lived at the Shepardson House and was
awakened by Mrs. Shepardson rapping on the
door when the alarm came from the Fosburgh
house. He got up and dressed and went to the
Fosburgh home. Robert l. was standing in
the doorway. He wore trousers, with suspenders
down. His nightshirt had been tucked in the
trousers. In consequence of what Mr.. Fosburgh
said he went with Mr.. Shepardson TO the Office
OF Fosburgh & Co. and found James Fosburgh
at the telephone. Shepardson tried to call DR.
Mercer.
Mr.. Lund saw Robert and James in the Fos-
burgh house. The defendant was crying and
wringing his hands. He had on trousers and
shoes and coat and vest He had no collar or
tie. James was only partially dressed. Beatrice