Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-07-23
JAMES FOSBURGH
Called by Prosecution and
Testifies for Defence.
The Governments Case Not Con-
sidered 10 Be Very Strong.
No Strengthening Evidence from Any Of is
Mondays Witnesses.

Pittstield. Mass. July EFT have
rot had a pair Of suspenders for five
ears" declared James a. Fosburgh-
today. during his cross-eXamin2tion at
the trial Of his brother Robert for the
alleged killing of his sister May. IN
the superior court Ii was in contra
diction of the testimony given by
II, avious government witness, who had
declared that ne saw James in the
house with his suspendcrs hanging
down This remark of james caused
amusement. tut another which he.
made later had the opposite effect up
on the throng that filed the court
room.
Ii was when he described his ascent
Of the front stairs after ne had heard
terrible shrieks" and his sister-in-law
as he said. appeared before me in the
light. she was in her nightdress.
said the witness. and exclaimed:
:. Your fathers gone crazy
The court room. today, was the scene
of Il number of exciting events. Young
F0sburgh's evidence was strong for the
defence. ID. w. w. Schofeld. the first
physician to visit tho scene after the
tragedy had little testimony of value
to the government case. IT also wit
messed the putting in as evidence Of
tho socks ana trousers found outside
the house on the following day, the
torn pillow ease with which it is claim
ed ono of the burglars was masked
and the shoe found inside the house by
the local police officials.
Young james FcsSurGh made an in
teresting figure on the stand and his
T. stimony was direct and conclusive.
James was slightly nervous and this
was noticeable when any reference was
made to the death of his sister or tn
tn, dsnabiile Of the family on the
Hight Of the tragedy. 1t was plain that
I'll the strength of his nature was eX-
trtcd to Keep back the tears when h
related the tragic story of the death of
SISTER May"
Tho expected attempt of the govern
incnt to dclve into the question of fam
ily aUarrclS did not matcrialiZe.
The supcrstruCture which the govern
Incnt erected. today. over their foun-
dation az last week cannot. therefore,
b. said to be in any way complete.
After the close of the session for the
day ana after Judge Stevens had re-
tired, q spectator went UP TO the last
Witness Of the afternoon ana said in
loud voice:
You arc a id liar on the face Of
tho earth. ] would not believe you I'M
den oath"
The witness, WHO was a police officer.
$; i'll nothing.
Thescourt opened at $50 this morn
ing. and Judge Stevens had special
guest, Former Judge \. Prior of New
York
In an interview tonight, Lawyer RI. e.
JOyncr, counsel for the defence, stated
that ii was possible that at the conclu-
sion of the presentation of the govern
mcnt's case he would make a motion that
the court order verdict Of not guilty
1t is understood that Miss Beatrice Eos
burgh will not be called by the govern
ment. which leaves Chief Of Police Mich
olson as the only important witness to
be heard for the prosecution.
The decision not to call Miss FosburGh
is due. it is said to the testimony which
Capt. White of The Pittsfield police, gave,
today, when he stated that Beatrice told
him that she had not seen any burglars
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