Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-07-26

listened to q painful recital Of one Of
the saddest tragedies ever presented to
a Jory. A beautiful girl just budding
into womanhood was shot down and her
brother has been accused Of the crime
The government has endeayored TO
prove that the girl was not shot by
burglars, II has endeayored TO exclude
all other members Of the family from
the affair and third, to prove that the
shot was fred by her brother, Robert
$. Fosburgh.
"The trial has proceeded somewhat In
the form Of an inquest. and has been
tried with great pains on the part Of
the government and the defense. There
has been desire to obtain proof and
80 q great deal Of evidence has been
introduced and admitted without OBJ
ieciion which might have been excluded
under the strict rule Of the law.
thlhk | ought also TO say to you that
II Is due to the chief of police who has
stood behind this prosecution, that in
the View OF the court he has tried TO
do his duty with a single eye to ascer-
tanning the truth. Now, Mr.. Foreman,
and gentlemen, a motion has been made
that this case be taken from the jury
and 1t becomes my duty TO say to you
that in the opinion Of the court, the go
vernment has not furnished proof sufll-
cient TO sustain a verdict of guilty
against the defendant and, therefore,
under the direction OF the court, on the
indictment Of Robert S. FOsburgh, for
killing his sister, YOU Will return a yer-
dict of not guilty"
The verdict was announced. Robert
s, Fosburgh was discharged from GUS
tody and court adjourned.
The crowd then rushed as enc person
70 shake the hand q che siniEaS yoa'ig
man, and II was several minutes before
the court room was cleared.
One OF the features OF the brief ses-
sion OF court this morning was the an
nouneement TO the newspaper men OF
Chief OF Police John Nicholson, Of the
effect that the affidavit which had been
sent to him yesterday by Chief Titus,
of New York, had arrived in pittsfeld
this morning by registered letter but
that the chief had refused to accept II.
and Il would be returned TO New York.
Chief Nicholson said.
III the New York police want to send
Il properly, without notifying me by
wire "a hours before and then giving II
out themselves TO the newspapers"
The affidavit In question was made in
New York by woman Of the name OF
Handaside or Grav II was to the
effect that Lewis Gray. with whom she
had lived. had told her on August q,
last, that he and fellow named Foy
did a trick" at a house in Pittsheld
and had shot someone
As soon as the jury was dismissed.
the foreman called them together in his
private room and for the first time
there was a conference as to what the
Jurors believed Without exception
they declared that they would have re-
turned a verdict of not guilty within
fifteen minutes. even had they not been
instructed by the court. They acknow-
lodged they would have paid no atten-
ton 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 defendant sat with buried head. the
tears coursing down his cheeks. The
wife OF the defendant was the only
member OF the family not In the court
room. and II was said that she remained
at the hotel because Of Illness
From the courtroom young Fosburgh
went directly to the Wendell house and
passed quickly TO his wife's room. She
was IN In bed. but the news Of her hus-
bands acquittal so strengthened her
that she arose and throwing her arms
about his neck, exclaimed Thank Cod
thank Cod"
Mr. Fosburgh spent some time with
his wife, and then went TO the lobby
Of the hotel. where for an hour he re-
ceived the expressions Of good viii Of
his friends.
When District Attorney Hammond,
who has been the prosecuting officer in
the trial. was asked 10 make a state
ment, he said that he thought Il would
be improper for him 10 say anything
at this time except from the evidence
submitted, the court was justified In
taking the case from the jury. He
thought. however. that the chief OF
police was fully warranted In making
the Investigation that he did