Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-07-27
mot GUILTY"
Is Ordered by the Judge in
Fosburgh Trial.
And Jury So Renders Verdict With
cut Leaving Their Seats.
People Now Wondering on What Chief Mich.
olson Based Prosecution.


legged killing of his sister Nav was
brought to an abrupt close. today.
when the jury, under Instructions from
the court returned q verdict Of not
guilty.
When the court convened. today. the
chamber was crowded and a large
number of members of the Berkshire
par occupied seats which had been re-
served for them. Many women who
had attended the trial at every session.
carrying their luncheons with them.
We're there again this morning with
their lunch baskets. The Fosburgh
family came into the court room in a
body and passed to their accustomed
seats
IT was just 9.15 o'clock when Judge
stevens entered and Immediately upon
the opening of court his honor arose,
faced the jury and directed them that
a verdict of acquittal be given for the
defendant. Judge Stevens said:
Mr. Foreman and gentlemen:-Dur-
ing six days we have listened to a
painful recital of one of the saddest
tragedies ever presented to a jury \
beautiful girl just budding into wo-
manhood. was shot down and her broth
er has been accused of the crime. The
government has in accusing the broth
er of the crime. been called upon to es-
tablish three things:
First, that May Fosburgh was not
killed by burglars: second the govern
ment must exclude every one else in
that house from the charge except the
Il nj i,-I h1. ~,
a criminal one.
The trial has proceeded somewhat in
the form of an inquest and has been
tried with great pain on the part of the
government and the defence. There
has been a desire to obtain proof and
so a great deal of evidence has been in
troduced and admitted without objec-
ton which might have been excluded
| under the strict rule of the law. think
| ought also to say to You that it is
due to the chief of police who has stood
behind this prosecution. that in the
view of the court he has tried to do his
duty with single eye to ascertainng
the truth.
Now. Mr.. Foreman and gentlemen,
a motion has been made that this case
be taken from the jury and it becomes
my duty to say to you that in the opin-
ion of the court the government has
not furnished proof sufficient to sus-
tain a verdict of guilty against the de
PENDANT. and therefore. under the di-
rection of the court. in the indictment
of Robert FosburCh for killing his sis
ter you will return verdict of not
guilty"
AS the Judge concluded his remarks
clapping their hands but the judge i'm
mediately ordered that the applause be
suppressed and this was done by the
court officers. The defendant stood
while the foreman of the jury replied
to the question: What is your YER
Dict" The reply was mot guilty.
The defendant was then formally dis
charged by order Of the court. Judge
Stevens then dismissed the jury. but
before doing 50 he thanked them warm
" for their services and con
graduated them because they had not
shirked the responsibility that fell up
on them.
Immediately after this the FosburGh
leave the court chamber in advance of
the rest of the people and they dld so,
passing down private stairway. They
proceeded at once to the Wendell house
where a reception was held and where
hundreds of people took advantage OF
the opportunity to shake hands with
young Robert Fosburgh
AS soon as the jury was dismissed
the foreman called them together in
his private room and for the first time
there was a conference as to what the
Jurors believed. Without exception
they declared that they would have
returned a verdict of not guilty within
Is minutes even had they not been in
structed by the court. Their general
impression was that the trial was
very fair one, but that the government
had ACQUITTED the defendant with its
own testimony. They acknowledged
that they would have paid no attention
TO the exhibits in the case.
While Judge Stevens was speaking TO
the Jury. the members of the Fosburgh
family. realizing what his remarks
meant to them, burst into tears. The
wife of the defendant was the only
member of the family not in the court
room. and it was said that she remain
ed at the hotel because of illness. While
the Judge was speaking tears rolled
down the defendants cheeks and he sat
with bowed head. Beside him father
and mother. their handkerchiefs to
their ewes. also sat with bowed heads.
Rehind were Beatrice and Esther. the
two daughters. and also Miss Sheldon.
The girls. although they cried. were
smiling. each holding the hand of the
other. Miss Sheldon. who has been so
close to the family during their ordeal.
was the only one of the family party
who did not give way to emotion.
From the court room young Fos-
bursh went directly to the hotel and
nassed quickly to his wife's room. She
was in in bed but the news of her hus-
bands acquittal so strengthened her
that she arose and throwing her arms
ahout him. exclaimed: THANK God
than,, Cod" Mr. Fosburgh spent some
time with his wife and then went to
the lobby of the hotel where for an
hour he received the expressions OF
CONTINUED on page 50