The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-07-18

Nathan B Baker farmer. of Savoy: Raj
ston F Little. farmer, of Sheffield
It was 9.f2 O'Clock when the last juror
was obtained. It has taken a little over
twenty minutes 10 fiU the box. Mr. Barnes
| was appointed foreman
When the jury had been sworn Judge
Stevens warned the reporters against
commenting on the evidence in such a
way as would he likely TO influence the
jury. He said that such comment might
cause the withdrawal of the case and the
punishment of the offender. for contempt
The court also asked the jury to refrain
from reading the accounts of the trial
The clerk then read the Indictment
against Fosburgh. which charged simply
that young Fosburgh had ASSAULTED and
murdered his sister, and TO which ne
pleads not guilty. District Attorney
Hammond then arose to present the case
You need not expect. said the dis
tTIct attorney. any sensational evidence:
only plain Comm0n-sensc suggestion of
fact Nav L Fosburgh died on August 20
! last, killed admittedly by a bullet from
her brothers revolver. under cfrcum-
stances demanding the mVst rigid fuves-
/ tigatioE by the police. That investiga-
tion was made and resulted in the indiot-
{ aii' t-A just l'3't it YOU
Young Fosburgh was now sitting within
the rail behind his family. He listened
intently while Mr. Hammond said that
| the body of the fact on which the in
dictment was based, had been kept from
the public until now in order not to pre-
judice the minds of any who might be
called to weigh the evidence in the case
What is the evidence to he presented2'
asked Mr.. Hammond. You VIII be asked
I 70 become familiar with the FosburEh
premises. He went on in answer refer
ring 10 diagrams hung on the wall behind
the bench and describing the floor plans
but not DIV cling on anything as Of parti-
cuIar significance, except the elevation
Of the ground above the balcony outside
the spare room window. Mr. Hammond
said that young Fosburgh had the excIu-
sive opportunity To kill his sister. that no
one else could have done it, and tnat it
was not necessary 10 show motive
We viii show" said Mr. Hammond
that significant things happened there
that night; that young Fosburgh's wife
had her night dress shredded from her
I body; that the furniture in two rooms was
broken and peculiarly disarranged: that
the castors in the old gentIemans bed
room were broken. window was crack
bedroom. Were father and son 'scra p
ping when the fatal shot was fired?"
CircumstantiaI evidence. the District
Attorney inttmated plainly was 10 be the
/ basis of the States case. It was general
Iy evidence Of the most convincing kind,
ne declared
You have an important fact at the out
set of your 5eIiberations,' said the pros
| ecutor earnestly, IF you find the defend
ant telling one story after the shooting
band another and another, ali conflicting
and il 1t is shown that investigation
proves them all untrue. The defendant
told the police that he saw two burglars
jump from the balcony, fifteen feet high,
and that they ran across a vacant log
over the street. That morning the grass
. in the lot was covered with cobwebs and
heavy dew but there was TO trace Of
footsteps What farmers boy does not
know what you can tell by the tracks in
the dew TBis is merely an Hlustra ton Of
. the value Of circumstances
~Circum~ -ances show that no enemies
from without, no tramps, no burglars en-
tered the house the night Of the shooting.
May Foshursh was shot - she was aD-
preaching the door Leading ont of her
room into the hall She was shot by the
defendants -32-caIibre revolver The pis-
toI was within less than one foot Of her
breast. Her night dress shows powder
marks and burns that could only come
from a pistol held close to the night
gown
TAKEN To THE FGSBUKGH HOUSE.
Mr. Hammond finished his address At
1907 o'clock and officers were sworn in to
take charge OF the jury on trip TO the
FoSJurGh house for ''ra purpose Of exam
ming The premises. Ehe jury left the
court house at HIS o'clock. instructed TO
return to court by 1870. if possible other
wise by O'Clock. a special trolley car
conveyed the party. which included Mr.
Hammond and Mr. Eibbard, who were to
be allowed only TO call the juTy's atten-
ton TO typographical or architectural
facts
The jury had not returned at 12:39 and
the court stood adjourned until O'Clock