New-York tribune., 1901-07-27
F0SBURGH is SET FREE.
JUDGE LNSTRUCTS THE JURY
TO ACQUIT HIN.
PROSECUTION FAILED TO MAKE OUT A
CASE-AFFECTING SCENE AT
CLOSE OF TRIAL.
[BT TELEGRAPH TO THE rRIBUNE.I

IBE TELEGRAPH TO THE TRIBUNEl
Pittsheld, Mass, July 26.-With a smile on his
face Robert Stewart Fosburgh this morning
heard the jury pronounce him not guilty of the
killing Of his sister. May L. Fosburgh. The YER
dict the elimination of perhaps one of the
most surprising trials which ever occurred in
Western Massachusetts, In the history Of Grim
inal trials in this State case in recent years
has attracted the attention which this one has.
II unusual from the very nature of the
crime alleged, well from the almost unbe
nevable character Of the acts which by implica-
ton connected with 1t.
To suppose the defendant guilty of the shoot
ing Of his beautiful and accomplished sister un-
der the conditions which the State charged was
20 imply a criminal knowledge on the part of an
entire family, whose reputation has stood high
in the county. and whose character is beyond
proach. The ordeal has been a doubly trying
one involving not only the tragic death OF a
lovable member, but the bringing of an incom-
prehensible charge against another one of the
family circle. The result Of the trial was not
unexpected
RESULT WAS EXPECTED.
Ever since the prosecution has finished its
case, it has been a matter of speculation
whether Judge Stevens would end the trial
mary. whether he would permit it to go to
the jury for their deliberation. It was known by
those in touch with the officials last night that
a consultation had taken place between District
Attorney Hammond, on the side. and Law
yer Charles E. Hibbard for the defence in the
presence Of the judge. The question that came
up was whether or not the government had
shown exclusive opportunity for the defendant
TO have committed the crime. Any who fol-
lowed the case closely knew that the State had
absolutely failed in this. and 1t was not at all
surprising when the rumor that the judge had
decided to take the case from the jury gained
currency. In order TO save the counsel both
sides the labor of preparing their arguments
Judge Stevens very humanely sent word TO them
last evening what he had decided TO do. The
communication Of course, was guarded from the
public. who gathered in the usual crowds about
the courtroom this morning, expecting TO hear
the arguments. which were sure to be spicy and
sensational.
FAMILY AsTIR EARLY
The Fosburgh family probably knew what the
decision was. They were astir early in the
Hotel wendan where they have had their
quarters during the progress of the trial. On
the face of every member of the family there
happy expression not at all in keeping
with the uncertainty usual in jury trials. The
/ defendant, when he appeared. bore his usual
II preston There face missing in the
family group It was that OF the defendants
pretty young wife. She was taken Ill
Wednesday and has not been seen, either in
court about the hotel, since. She is of frail
constitution naturally, and the strain of the
trial caused a practical collapse. So the family
party went to the courtroom this morning with
out her. The time for coming in this morning
,'ad been fixed for quarter of hour earlier
.han usual But when o'clock arrived, the
jurors were not in their seats and the Judge
was still missing from the bench The specta-
tors seats were filled with an expectant audi
ence. At 9:15 the door was opened to admit
the Jurors They came in with their hats in
their hands, a indication that the end was
near. Judge Stevens followed closely The
formal opening Of the court over, Judge
Stevens arose and addressed the jury He said:
THE JUDGE INsTRUCTs THE JURY.
Mr.. Foreman and Gentlemen: The last six
days we have given TO the painful recital of one
Of the saddest tragedies that was ever presented
TO a jury A beautiful girl, just bursting into
womanhood was shot in her home. Her brother
was accused of having committed the crime.
The government is called upon, before he can
be convicted, to establish three propositions
First-That May Fosburgh killed by
burglars
Second-The. government must exclude everv-
body else within that household. Except to the
defendant, in the third place the government
must prove that the act was q criminal act.
The trial has proceeded somewhat in the form
OF an inquest. and has been tried with great
fence There has been q sincere desire to ascer-
tain the truth, and so great deal of evidence.
gentlemen has been introduced and admitted
without objection. which might have been ex-
cluded under the strict rule Of the law. | think
also ought 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 DO his duty with a single
eye, and TO ascertain the truth Now Mr.. Fore
man and gentlemen. a motion has been made
that this be taken from the jury, and il
becomes my duty to say to you. that, in the
opinion Of the court, the government has not
furnished proof sufficient to sustain a verdict Of
guilty against the defendant Therefore, gentle
men. under the direction Of the court in the in
dictrnent against Robert s. Fosburgh for killing
his sister you will return a verdict of not
guilty.
THE DEFENDANT DISCHARGED.
The Judge resumed his seat. and Clerk Conde
summoned the defendant 10 his feet. Addressing
the jury. he said:
Gentlemen of the jury, have you agreed on
a verdict"
-sYes." answered the foreman.
what say you. is the defendant guilty or not
guilty?"
mot guilty"
Clerk Conde turned TO the defendant, Robert
s. Fosburgh, and said: The jury having re-
turned a verdict of not guilty in your case you
are discharged from custody"
Efforts had been made by Judge Stevens TO
prevent demonstration, but at the close of his
remarks the spectators broke out into vigorous
handclapping. Judge Stevens was shocked