The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1901-07-26
The ! F0SBORG
4: ~ ~ TRIAL,
III II

Pitts field, Mass, July 25.-Testi-
mony has closed in the FoSburg
trial and Judge Stevens has under
consideration motion, renewed by
attorneys for the defence, to instruct
the july to bring In a verdict OF ac-
quittal. Decision will be given in
open court tomorrow.
William =. Hazen, formerly chief
Of the United States Secret Service.
now seeking the slayers OF Miss Eos.
burg, will return to New York in
time to meet Captain Titus t0mor.
row morning for conference. 1t is
understood that the two are working
along the same lines.
This has been a day Of sensational
incidents in the court room which
has been packed as it never was pacK-
ed before. The prosecution has been
met at every point and the defense
has scored just as it promised to score
Chief OF Police Nicholson and Dis
trict Attorney Hammond are in con-
sultation tonight. They have re-
ceived from Captain Titus, chief Of
the New York Detective Bureau,
copies of two attidavits concerning an
alleged confess sion made by burglar
that he AMI not the accused in the
present trial, .hot and killed May
Fosburg.
William p. Hazen formerly chiefof
the United States Secret Service. who
has been in Pitts field for two weeks
under an assumed name created
something OF a sensation by appear.
ing as a witness. Mr.. Halen saio he
refused to take the case when request
ed to do so by Mr.. Fosburg until he
had made thorough investigation
and convinced himself that Chief of
Police Nicholson is radically wrong
in every one of his theories regarding
the murder of May Fosburgh.
He said he has been in the employ Of
II. l.. Fosburg to investigate the
murder of his daughter since June 3
with three men under his instruction
He witnessed an experiment last
evening with the screen in the win
dow of the kitchen chamber at the
old f'osburg house. He was able to
60 through the window on raising
the screen slightly.
In the afternoon Mrs. r, L. Eos
burg was the central figure of the
trial. The big room in the quaint
old Berkshire County Courthouse
was filled with men and women: five
women to one man.
Mrs. Fosburg was tailoring I'M
der intense excitement when she
took the stand. Her voice trembled
and she clutched the railing before
her with nervous fingers. After
little time she conquered herself and
steadied her voice but at no time
during her ordeal could She drive
back the tears from her eyes. When
she came to that part of the MARIA
tive relating to the last evening her
daughter spent with the family she
gave way under her grief and sobbed
audibly. Again wher Mrs. Fosburgh
told how her son Robert had knelt by
his sisters side and begged her to
open her eyes she was compelled to
stop and choke back her SOUS. Once
she turned to the jury and dramati-
caly and forcettlly assured them
that it was burglar and not her son
who had shot her daughter.
She began by saving that she al
wavs awoke the members of the fam
lily by kissing them. The Court rul-
cd this statement out. Mrs. Eos
burg described in detail the Incl
dents of the Sunday. She told of
the Sunday attendance at church,
the dinner, the group on the yccanda
and the concert in the parlor
AFTER kissing one another good
night" she continued "my husband
and | were the first to 60 to bed.
~ had been asleep two or three
hours when l was awakened by d
light. | raised on my elbow and
called out 'Who is it?' Almost at
that two men came to the door. The
first | noticed was that they wore
pillow slips over their heads making
them look like devils.
Mrs. Fosburgh gathered her crepe
veil about her head to represent the
pillow slip and turning to the jury,
repeated Like Devils.'
III heard u terrible scream. 1t
was from my husband who had seen
the intruders and sprang from the
bed. Then | remember he graD1Ied
with them and they all fell to the
floor. jumped out OF bed ON to the
burglars to give my husband what
assistance | could. was struck
about the head and shoulders and
was dazed for a moment.
II remember nothing more until
heard Beatrice say oh mamma look
at May | saw my child lying dead
on the floor. James was with her.
He lifted her up and as we were 60
ing to place he. on the bed the blood
gushed from her mouth so that we
we're afraid to move her. Miss Shell
don stood in her doorway and a mo-
ment later my son Robert reeled in.
to the room and fell near May. Some
one said They are both gone.
IL called for water which Beatrice
brought with ammonia and towels.
We tried to resuscltate May, did
everything that it was possible to do,
but moment later her cyelds ilut-
tered and she was gone.
III did not realize it for moment.
James did all that he could for his
ter, crying oh why was it not l?