The age-herald., 1901-07-27
YOUNG FOSBURC CLEARED IF AN
 AWFUL CHARGE Judge Stevens Orders the Jury to Return a Verdict
 Of Not Guilty CROWD WILDLY APPLAUDED No Evidence Could Be Adduced That Would Show That Fosburg Had Murdered His Sister-Famous
 Case Is Ended.
CROWD WILDLY APPLAuDtD

Pittsheld, Mass, July 26.-At the open ing of court today in the Fosburg trial Judge Stevens intructed the jury to bring 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 demonstration. however l was one of the most remarkable that has ever occurred in a court of justice. Judge Stevens in ordering a verdict of acquiutal said:
 MT. Foreman and Gentlemen-During six days we have listened to painful re- cital of one of the saddest tragedies ever presented to jury. A beautiful girl bul- ding Into womanhood was shot down and her brother has been accused of the crime The government has endeavored to prove that the girl was shot by buglars; 1t has endeavored to exclude all other fiiem- bers of the family from the affair, and third to prove that the shot was fired by her brother. Robert S. Fosburg. s.
 The trial has proceeded somewhat in the form of an inquest and has been tried with great pains on the part of tEe gov ernment and defense. There has been a desire to obtain proof, and so a great deal of evidence has been introduced and ad- mitted without objection which might have been excluded under the strict rule l of the law. T think ought also to say that 1t 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 ascertainiug the | truth.
 Now, MT. 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 government has not fur nished proof sufficient to sustain a ve-- dict of guilty against the defendant, and therefore, under the direction of the court, in the indictment of Robert 8. Fosburg for killing his sister, you will return verdict of not guilty
 The Crowd Applauded. The crowd in the court room, which in- cluded hundreds of friends of the defend- ant, broke into loud applause, which the | court immediately quelled by sternly raising his finger and commanding the sheriff to see that the demonstration was | not repeated. ~ s Robert Stewart Fosburg, the defendant was then ordered to stand while the fore man of the jury was asked, What is | your verdict?'' sf.s s . The reply was mot guilty"
 Judge Stevens then, in few words, ex- pressed his thanks to the jurymen for their careful consideration of the case dur | ing its presentation to them.
 | Young Robert Fosburg was then dis charged from custody and court was ad- | journed.
 The crowd then rushed as one person to shake the hand of the smiling young | man, and it was several minutes before | the court room was cleared. M Immediately after his discharge young Robert Fosburg, accompanied by mem bers 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 as the jury was disunissed 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 that they would have re- turned verdict of not guilty within fif- teen minutes even had they not been in- structed by the court. They acknowl- edged they had paid no attention to the exhibits in the case. -Ss+
 Burst Into Tears.
 While Judge Stevens was speaking to the jury the members of the Fosburg family realizing what his remarks meant to- them, burst into tears. while the de- fendant 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 it was said she remained at the hotel be- cause of illness .s
 From the court room young Fosbnrg wont direct to the hotel and passed to his wife's room She was i'll in bed but the news of her husbands acquittal so strengthened her that she arose. and throwing her arms about his neck. ex- claimed: Thank God! Thank God!" Mir. Fosburg spent some time with his wife and then went to the lobby of tho hotel where for an hour he received ex-