The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-07-27
Judge of Opinion that the state Failed
TO Make u Case, and the Pros
ccutor So Admitted.
JURY WAS OF THE SAME MIND
WOULD HAVE DECLARED FOsBURGH
INNOCENT ON FIRST BALLOT.
James Gray, Ginning indianapolis
as His Home, Arrested as "a Sus-
pect, but soon Released.

opening of court to-day In the Fosburgh
trial Judge Stevens instructed the jury to
bring in verdict OF not guilty and this
was done. ending the trial. The jurymen
did not leave their seats. The verdict was
received with shouts of applause. which the
court Immediately suppressed. The demon
straton however, one OF the most
markable that ever occurred in a court of
Justice Judge Stevens. in ordering a YER
diet of acquittal, said:
'Mr. Foreman and Notwithstanding six
days we have listened to a painful recital
OF one Of the saddest tragedies ever pre-
sented TO a jury. A beautiful girl just
budding into womanhood was shot down
and her brother has been accused OF the
crime. The government has endeavored TO
prove that the girl was not shot by burg
lars; 1t has endeavored tc exclude all other
third. to prove that the shot was fired by
her brother, Robert 8. Fosburgh.
The trial has proceeded somewhat in the
form or 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 evi,
dence has been introduced and admitted
without objection which might have been
excluded under the strict rule of the law
due 10 the chief of police. who has stood be-
hind this prosecution. that. In the view OF
the court. he has tried to do his duty with
a single eye to ascertaining the truth.
Now, Mr.. Foreman and gentlemen, a
motion has been made that this case be
taken from the jury, and ii becomes my
duty to say TO you that in the opinion OF
the court, the government has not furnished
proof sufficient to sustain q verdict OF guilty
against the defendant, and. therefore, under
the direction or the court, In the Indictment
of Robert s. Fosburgh for killing his sis
ter. you Will return verdict OF not guilty.
The crowd in the courtroom. which in
cluded hundreds Of friends of the defend
ant, broke into loud applause. which the
court Immediately quelled by sternly rails
ing his finger and commanding the sheriff
to see that the demonstration was not re-
peated. Robert Stewart Fosburgh. the de-
fendant, was then ordered to stand up.
while the foreman of the jury was asked:
What is your verdict" The reply was:
Not guilty" Judge Stevens then, in few
words, expressed his thanks to the jurymen
for their careful consideration OF the case
during its presentation to them.
Young Fosburgh was then discharged
from custody and court adjourned.
The great crowd then rushed one person
man. and it was several minutes before the
courtroom was cleared Immediately after
his discharge Young Robert Fosburgh, ac-
companied by members of his family, went
to the Wendell House. where reception
was held, and where hundreds of people
shook hands with the young man.
AS soon the jurors were dismissed
the foreman called them together in his
private room, and for the first time there
was conference as to what the jurors
believed. Without exception they declared
they would have returned verdict OF not
guilty within fifteen minutes. even had
They acknowledges they would have paid
no attention to the exhibits in the case.
While Judge Stevens was speaking to
the jury the members of the Fosburgh
family, realizing what his remarks meant
To them burst into tears. while the defend
ant sat with buried head. the tears cours-
ing down his cheeks. The wife of the de-
fendant was the only member Of the fam
lily not in the courtroom and IL was said
she remained at the hotel because of ILL
ness.
From the courtroom young Fosburgh
went directly to the hotel and passed
quickly to his wfe's room. She was i'll in
bed, but the news of her husbands ac-
quittal so strengthened her that she arose,
and. throwing her arms about his neck,
exclaimed: Thank God! thank God" Mr..
Fosburgh spent some time with his wife
and then went to the lobby of the hotel,
where for an hour he. received the express
sons of good will of his friends.
When District Attorney Hammond who
has been the prosecuting officer, was asked
to os make "a statement fo e S Sad n he thought
evidence submitted the court was fully
justified in taking the case from the jury.
He thought, however, that Chief of Police
Nicholson was fully warranted in making
the Investigations that he did.
One of the features of the brief session
or court this morning was the announce
ment TO the newspaper men of Chief of
Police John Nicholson to the ERECT that
the affidavit which had been sent TO him
yesterday by Chief Titus. OF New York,
had arrived i'm Pittsfeld this morning by
registered letter, but that the chief had
refused TO accept them and they would be
returned TO New York. In explanation of
this action Chief Nicholson declared that
Chief Titus. He said: IF the New York
police want to send anything TO me they
know how 10 do it properly without noti-
flying me by wire twenty-four hours before
ard then giving II out themselves to the
newspapers" The affidavit in question
was made in New York by a woman OF the
name OF Handaside or Gray. IL was to the
effect that Lewis Gray, with whom she had
lived, had told her on Aug. p last that
he and a fellow named Foy did trick
at house in Pittsfield and had shot some
one.