Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-07-24
May Fosburgh the Victim Of an At
tack Of Burglars.
WHY FIREARMS WERE IN THE HOUSE
Opening Address by the Counse
for the Prisoner.
ODAY'S ESTIMO ONY

| having been interrupted at most dra
| matte point yesterday by adjournment
| greater interest, II possible. than at any
| previous time since the case began was
in suspense over night.
| What had been heard Of Mr.. Joyner's
| address before the court closed was ta ker
| to indicate that every men er of the Fos-
burgh family and Miss Bertha Sheldon
| would be called as witnesses for the de-
| fense. as we'll as several neighbors.
Every sentence Of the lawyer as he out
| lined his case was given the closest atten-
| tion and it was apparent today from con-
versatfon among spectators that not only
| do they anticipate thrilling stories from
these witnesses, but crises are expected If
| James Fosburgh, who was called by the
| state. and Beatrice, who was summoned
| by the government, but was not called to
the stand, shall testify for tire defense,
when they shall be cross-examned by the
| states lawyer. There was distinct feel
ing today that although the prosecution S
case has closed the district attorney is
prepared to elicit much important evidence
when the witnesses for the defense fall
| into his hands, especially Robert Fosburgh,
the defendant, who is expected to take the
stand in his own behalf.
Large Crowd Present.
The doors of the court house were be-
SiS6Su 1uhy an HOuT DelOIe IHe opening
| of todays session by crowds of spectators
| and, owing to the crush, hundreds had to
be denied admittance, SO great was the
interest in the address of Mr.. Joyner the
attorney for the defense Mr.. Joyner at
the hour of adjournment yesterday had
| just described the scene the morning
of the tragedy, when, he said, Robert L..
Fosburgh, who had been beaten by bur-
| glars, had recovered consciousness and
rushed to a window and screamed Muir
der" He resumed today by telling why
| the F'osburghs kept firearms in the house.
Mr.. Joyner said: I'VE know and the gov
ernment does not know that it was the de-
fendant's pistol which shot his sister," he
continued; "the firm of r. L. Fosburgh &
Co. had many men in its employ, the pay
roll amounting to some $1,000 weekly. The
men were non-Englsh speaking and We're
paid in money at the office of the company
Mr. Fosburgh, ST., would take money from
the bank to the office in an electric car
The men knew this and because Of the
risk the chief of police had once remarked
that if any men needed a pistol they (the
Foshurghs) did. For this reason the de-
fendant got one.
Theory of the Defense.
"Mr. Fosburgh, the defendant, and his
wife occupied the kitchen bed room, but
they discovered a disagreeable odor in the
sink and moved to another room, leaving
some wearing apparel and pistol in the
bureau.
Robbery and revenge might have been
| motives. Of the Burglars" Mr.. Joyner de-
clared. They were young, active, slight
men. else they could not have gotten out
of the house through the opening left by
| the screen.
The Defense" he said. intended to
show that the soiled clothing, pillow cases,
etc. were thrown by the family into the
| basket in the carriage house.
'The theory of the defense is that the
crime was not the performance of skilled
burglars; that the stockings which were
worn and cut were drawn on over shoes to
muftie the sound of steps; that the tracks
seen were made by the men when they left
the house, and that they intended to steal
anything they could lay hands on.
Men were seen running down Benedict
street after the tragedy" he said. land it
is the theory of the defense that they
| came along Joined in the pursuit, thus di-
vertfng suspicion from themselves.
THE furniture in the house was cheap
and easily broken, and it was broken"
he asserted, 'in the struggle in the back
room. There was only narrow space be-
tween the bed and the bureau, and the de-
fense claims that the bureau was twisted
around during the fray"
Without an Enemy.
In conclusion Mr.. Joyner said:
THE defense will show that the family
has done it's utmost to bring to justice
the men who entered the house, and that
whatever may be the theory Miss May was
a woman without an enemy. In her home
and in her church life she won the affec-
tion Of all who knew her. She was her
brothers companion, her mothers idol and
to the younger members of the family
she was ever helpful. There was no es-
arrangement between any members Of the
family"
Mr.. Joyner concluded his address Just
before 10 O'Clock, and the witnesses for
the defense. including neighbors, mem
bers of the Fosburgh family and Miss
Bertha Sheldon, were sworn in a group.
Family Of Dead Girl.
In all, nine witnesses took the oath. The
| first to testify was Fred S. Smith, civil
engineer, who by means of plans explained
| the territory about the Fosburgh house.
Fred w. Lund, who testified for the gov
ernment and who is paymaster for the
Fosburghs, was the next witness. He is a
boarder at the Shepardson House, which is
25b feet from the Fosburgh home
On the night Of the shocking tragedy he
said that he heard the Fosburghs chatting
on the piazza, quite early in the evening
He was awakened that night by Mr.. Shep-
ardson, who told him there was trouble at
house and saw Robert L. Fosburgh stand
ing at the front door. He appeared to have
dressed hastily. Learning that May Fos-
burgh was injured the witness went to
There he found James Fosburgh trying
to get the physician. The phone was
turned over to Lund.
While this testimony was being given
Mrs. r. s. Fosburgh, the defendants wife,
sat with her hand on her husbands S
shoulder. The mother of the defendant
sat with bowed head. Lund said that 1t
was three-quarters of an hour after he
returned to the house after telephoning be-
fore he saw Dr. Schofield.
A question by Mr.. Joyner as to what, II
anything, the elder Mr.. Fosburgh said to
Mr.. Lund, when he returned to the house
provoked discussion between counsel and
court.
After a consultation lasting eleven min
utes the Judge announced that the question
was excluded.
The defense took objection.
Resuming his testimony the witness said
that he did not go upstairs until Mrs. R. s.
Fcsburgh came down. When he did 20 up
he saw the body Of May Fosburgh lying
on the floor. covered with q sheet.
Condition Of the Room,
While upstairs he noticed that the end
OF the dresser in the kitchen bed room was
pulled out from the wall about one foot
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