The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-07-23
EXCLUDED FROM THE COURT
Reporters of Three Newspapers
Barred Out at PittsfeId.
The Judge Declares That They Pub
Ii~hed Statements Calculated to
Influence the FoSburEh Jury-A
Police Captain Examined. & d q.


/ Of Robert $. Fosburgh. charged with kill
ing his sister on August 20 last. was un-
usvstIIy- interesting today. Tha frs, in
| Cideut that caused a stir was she eXclu-
! sion from the courtr, ON # the CORE
! spoudeuts Of three New York newspapers
by the Judge They were barred out ne
! cause of the publication Of the visit of
the Fosburgh family to the vault where
[ tho body of Miss May Fcsburgh lies pend
! ing the result of the trial and alleged
statements made by the mother of the
! accused during that visit. The published
/ statements. the judge declared, were al
| cuIated to influence the jury
The testimony today vas followed with
great interest, espesiaU- during the
cross-eNaminausa of Police Captain
White
| Among reports current t6Nay before
emily well authenticated one that Judge
! Stevens had last night viSiteu the house
! where the shooting occurred and had
/ made a thorough inspection Of the prem
/ ises; that Beatrice Fosbureh, who was
( subpoenaed some time ago by the prose
/ cutioE would not be put on the stand for
! the Commonwealth. and that counsel of
! the defence had prepared to move risor-
I ously TO have the court direct q verdict of
/ acquittal as soon as the prosecution rest
/ ed.
! Before starting the business Of the day
Judge Stevens said: My attention has
been called to the publication in the
/ New York Herald, Journal and
/ World. purporting to give an account
/ OF "a visi; OF the Fosburgh family to tn
I grave OF Miss Foshur2h and of state
ments purporting to have been made by
/ Mrs FOsburgh. ! know OF no publication
| that could more grossly affect the jury
and while the publishers OF those papers
are not of the jurisdiction of this court.
! the writer's are here. II evidence i
I brought to me showing who wrote those
| articles, 1 may deal with them according
! TO law. Meanwhile. I have the right 10
| exclude those papers from representation
/ here Mr.. Sheriff. YOU VIII see tGat all
! reporters for the New York Herald
World. and Journal leave this court
! room and that none be allowed 20 come
. in
( When the exodus Of reporters was over
! Police Captain White, wn" vas on the
! stand at the close yesterday. was recall
ed The patent learher shoe turned over
| to him by the Fosburghs shortly after
( the shooting and represented TO nave
! been found OUTSIDE the mouse was hail''--
to the witness by Mr- crosby VINO asL-eu-
/ Was the Dirt on me sole 81 lhat Sii"s
/ dry or wet when you got It:
! v.-4g tho rarfy-
| Captain White. in answer 10 questions,
! told Of finding burned matched III the
attic 0f the FosburSh houss- HeT0Srt q.
! Joyner- OF counsel Tor the defence theh
| TOOK the witness III hi'o LOT Ct iili-
nation lie mstde tHe captain ho pES'
/ the story he had told yesterday ABOUT De
/ ing notlf3+d OF the Sh'"'lHS al 4'7' o SioSN
| In the morning and reaching the hoJ'se at
/ o'clock
| When the defendant told You that
burglars had fed through the balcony
! window you say that the screen was
| raised only about foot and was stuck
! fast apparently Did you call his atten-
| Fion to thatEs Did yon discredit his
story
| / don't think dlscredItec Il At the
| tir:le- / did not say anything about II.
| Did you tell Mr. Fosburgh, ST. that
| the story you say he told about a burg
/ lar coming into his room with a pistol
! IN one hand and a lantern II the other
was improbabie?'
| 4 did not. II ! thought about il. I
| thought il was impossible"
| Did you call the defendants attention
| 70 the fact that the place on the piazza
railing where the dew was brushed away
| was not under the marks on the pillar
/ above?''
81 did not
| Captain White said that he had walked
| AROUND the piazza roof. as hc testified
! yesterday. before the shoe was found. and
that ne was. all told. about twenty min
| utes in the house. walking through all
the rooms and talking with IN, fan. ~
! Dark as it was h had gone 119 the road
and through the lots with d lantern look
t Ing for the tracks OF the burglars. He
/ found tracks on the lawn leading To- tha
road
Then YOU saw nothing at the time that
| vas inconsistent with stories that yol
| had heard about the Burglars"
/ Il don't know that gave It a Thought"
! The captain thought that he had had
/ talk with Beatrice Fosburgh in the room
/ where her sisters body was. but he could
! NOT remember that anyone else was
! there He had nothing like a recollection
| u anything in the room. but Beatrice. the
/ body. the bed. and tho chair
! "Why can, you describe that room and
I tho persons that were IA the room #s wei
/ as YOU Described yesterday the contents
! of the northeast room, through which the
Z Tr-rrsfsr- ..C..fBlI1- MIR I4Lr,T asked