Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-07-25
FOR THE DEFENSE
Sixth Day Of the Trial Of Fosburgh
for Manslaughter.
KISSESEXCHANGED THkFFAfhL NIGHT
Sang 1.-The Holy City" the Last
Evening on Earth.
RSE OF EVIDE NOE

PITTSFIELD. Mass, July 25.-With the
government case over with the exception
of rebuttal testimony. which, IL is under
stood, will be considerable, and with the
defense case well started. in fact. more
than half of 1t given to the jury, the sixth
day in the trial Of Robert Stewart Fos-
burgh. on the charge Of granddaughter, for
causing the death OF his sister May, was
begun today with the interest In the case
more evident even than heretofore.
The first witness of the day was Miss
Estelle Chaplin, sister of Mrs. Shepard
son. whose home Is near that OF the Fos-
burGhs. She said she WAS awakened on tho
night Of the tragedy by the incessaRt ring
ing of the door bell and soon she heard
mems voices crying Murder Police!
Help" Her sister came into the room, and
together they kneeled at a window and
listened. They heard a woman say: She
is gone" Then the witness. her sister. and
her sisters husband went tc the Fosburgh
house, where they were told what had
happened.
On the cross mination the witness
said she had never spoken to any OF the
Fosburgh family about the tragedy since
the night =. occurred.
Noticed the Footprints.
The next witness called Harry 9.
Plumb, one of the neighbors. His testi-
mony was on the same lines that OF
Miss Chaplin He added that the first time
he saw Mr.. Fosburgh, ST., he had on q
nightshirt and trousers. The defendant
was dressed. DIR. Paddock came to the Fos-
burgh house three-quarters Of an hour al
ter DIR. Schofeld. and the nurse arrived
about o'clock. The witness was certain
that he noticed the footprints which seem
ed to be those made by two men who had
dropped from the piazza roof. He also
additional footprints up the road, the
footprints being very far apart.
On cross-examInation witness said he
had introduced Mr.. Chapman to Mr.. Fos-
burgh, ST. and he heard the latter ask
Chapman to keep outsiders from the house.
Officer White appeared about that time
with a shoe and hat In his hand. and
witness asked him what he had there.
Counsel tried to bring the witness down
to statement that he could not see what
was in Whites hands, as II was too dark,
but Mr. Plumb said that his question was
the result OF curiosity and not of any ina
bility to see.
Kissed Good Might.
Miss Bertha Sheldon. the young woman
who was visiting the Fosburghs when the
shooting occurred, then went upon the
witness stand. She said In substance that
Mr. Fosburgh, sr, had invited her TO visit
his daughters. because Berkshire air might
do her good. She was not at all well, she
but Mr.. Robert l.. Fosburgh wanted her to
see his Wife SO he stayed. On the night
of the shooting she occupied the guest
chamber leading from Mays room.
The witness then proceeded to rel<te the
story of the happenings Of Sunday, both
day and evening. Sunday night May sang
The Holy City," and she remembered
that the members of the family kissed one
another and bade one another good night
as their custom. Shortly after mid
night she WAS awakened by piercing
scream. and then she heard pistol shot.
She got up, opened the door and asked
what was the matter. She saw May upon
the floor and she saw young Robert Fos-
burgh near his room. Also she saw
She called Beatrice to her and again asked
what had happened. District Attorney
Hammond objected to the witness giving
the words which Beatrice spoke to her"
The court retired with counsel to con-
slider in private the admissabiity of this
evidence. Mr.. Joyner said before retiring
that he expected to show that the excla-
nation by Beatrice was In the presence OF
the defendant and the family.
Victory for the Defense.
Judge Stevens announced that by agree
ment Of counsel the question would be an
swered, and Miss Sheldon said that Be-
atrice exclaimed: Burglars have entered
the house and shot May" The witness
said that she then returned to her room.
dressed and went down stairs.
The admission of what Miss Beatrice said
TO Miss Sheldon was regarded as a victory
for the defense. Continuing her testimony,
Miss Sheldon said that she sat up the rest
of the night down stairs. She went away
in the forenoon very much excited and
nervous. She knew she would be in the
way if she stayed. The witness described
the scene In Mays room at some length
She saw Mrs. Robert Stewart Fosburgh
bend over her husband. who was at the
side of May on the floor.
Approved by the FosburGhs.
She would say that all the members OF
the Fosburgh family were very much de-
voted to each other.
On cross s-examination by Mr.. Crosby
Miss Sheldon said that she went to her
room at the same time Beatrice. The
door of her room was left ajar but the
door leading into the hall was closed.
She remembered talk at her home in
Parker of the Providence detective force
about the tragedy. She did not state to
Col. Whitney that she had not heard q
shot. She did say to him that she had
heard a shot, and that she had then got
up and opened the door. Col. Whitney
told her they wanted her to testify, but
she said she did not know anything about
1t.
Did you see any burglars that night?'
No, sir"
In redirect examination by Mr.. Joyner
MISS Sheidon SAID that she told Mr.. w hit
ney that what she did know was very
little.
Cross-examined again by Mr.. Crosby.
Miss Sheldon said that she had not been In
Pittsfeld since the day OF the tragedy, nor
had she visited the Fosburgh house. This
Miss Sheldons testimony.
When she left the stand all of the Fos-
burghs shook hands with her.
DR.. Rodriguez Probable Appointment.
DIR. Jose 1. Rodriguez, acting secretary OF
the Pan-American bureau here. will prob
ably be selected as the secretary of the
American delegation to the International