Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-07-26
FOSBURGH CASE IS READY
FOR ARGUMENTS TO BEGIN.
THE PRISONERS AGED MOTHER
WAS THE LAST WITNESS
For THE DEFENSE.
A VERDICT OF ACQUITTAL,
UNDER An ORDER or THE COURT,
ASKED FOR ny ATTORNEYS
FOR THE DEFENSE.

tosDurgn mansiaugnter case To-Day
Mrs r. L. Fosburgh. the g"sy-haired
mother, went upon the witness stand
and told in simple words how her
daughter was killed. Her story was
given with frequently uncontrolled
emotion. Her voice failed her and she
shed tears.
Miss Bertha Sheldon, guest in the
Fosburgh home on the night of the
tragedy, was another important Wit
ness. By her testimony the defense
wished to show that there were burg
lars in the house and that they were
seen by little Beatrice Fosburgh.
There was long argument between
counsel over the governments objec-
lions to the admission of this evidence.
but the court nnally allowed 1t to go In
because what was said was spoken in
the presence of the defendant.
Miss Sheldon was relating the story
of her awakening by a piercing
scream" and declared that she opened
the door leading to May Fosburgh's
room and cried, What Is the matter?'
Robert, Beatrice and her father and
mother were in the room at the time.
Witness saw the body of May upon the
floor and at that instant Beatrice re-
piled: Burglars have entered the
house and shot May
Mrs. B. &c. Bullard, now OF Madison
Wis. another witness, declared that
on the fatal night about midnight she
heard two men talking loudly in front
of her house and that after they had
been gone about an hour
She Heard Pistol shots
far off.
Mrs. Nellie Beverly, of East Ches-
hire, who lived In Pittsfeld testified
that her husband was very sick on the
night of August 10th, and she claimed
that he was disturbed by the loud
breathing of two men who had stop
ped running when opposite her house.
She opened the blind and told one of
the men who was standing by tree,
to go away.
Mrs. Fosburg was the last witness
for the defense and Immediately after
her testimony was concluded, the de-
Tense rested.
Some rebuttal testimony closed the
case with the understanding that the
government would have an opportun-
ity of placing Col. Whitney, the State
detective, on the stand in the morning.
At the close of the session Judge
Stevens with the counsel for both
sides retired to the ante room where
Mr. Joyner for the defense made a
long argument on the question of his
suggestion that the Judge order YER
dict of not guilty. The result is not
known officially, but it is understood
arguments will be made in the case at
the opening of the session tomorrow.
The First Witness
of the day was Miss Estelle Chaplin, a
sister of Mrs. Shepardson, whose home
is near that of the Fosburghs She said
she was awakened on the night of the
tragedy by the incessant ringing of the
door bell and soon she heard mems
voices Crying murder! police! help!'
Her SISTER came into the room and to-
gethef they kneeled at window and
LISTENED. They heard woman say:
"She rs gone" Then the witness, her
sister and ner sisters husband went to
the Fosburgh house, where they were
told what had happened.
On the discrimination the witness
said she had never spoken to any of
the Fosburgh family about the tragedy
since the night it occurred.
The next witness called was Harry s.
Plumb, one of the Fosburgh neighbors.
His testimony was on the same lines as
that Of Miss Chaplin. He added that
the first time he saw Mr.. Fosburgh, ST.,
he had on night shirt and trousers.
The defendant was dressed. DR.. Pad
dock came to the Fosburgh house three
quarters of an hour after DR.. Schofeld
The witness was certain that he
Noticed the Footprints
which seemed to be those made by two
men who had dropped down from the
piazza roof.
He also saw additional footprints up
the road, the footprints being very far
apart.
On the cross-examination witness
said he had introduced Mr.. Chapman to
Mr.. Fosburgh, Sr., and he heard the
latter ask Chapman to keep outsiders
from the house. Officer White appear
ed about that time with shoe and hat
in his hand and witness asked him what
he had there. Counsel tried 10 BRING
the witness down to statement that
he could not see what was in Whites
hands, as 1t was too dark, but Mr..
Plumb said that his question was the
result of curiosity and not of any in
ability to see.
Miss Bertha Sheldon, the young wo-
man who was visiting the Fosburgs
when the shooting occurred. then went