Evening journal., 1901-07-19
YOUAGF FOSBURG'S
CASE ON TRIAL
He Is Accused Of Killing Ills
Sister
He PLEADS MOT GUILTY F"
Government Creates Surprise bV Call
ing Unexpected Witness on Be-
half Of Prosecution
He PLEADS NOT GUILTY .

FOSBURG CASE AT A GLANCE.
The Crime -Manslaughter.
The Victim-Miss May l.. Fosburg.
The Date-August 20, 1900, 2 A. M.
The eAccused-Robert Stewart Fosburg,
brother of the murdered girl.
Fosburg Family's Story-That three
burglars entered the house, beat Fos-
burg senior into insensibility with a
sandbag, knocked insensible with
the same weapon Robert Stewart
Fosburg, shot Miss May through the
heart when she appeared at her
fathers door, and felled Mrs Rob-
ert L. Fosburg with blow as they
fled, leaving a hat and shoe behind
and securing no booty.
Chief Nicholson's Theory-That there
was bad blood between Robert L.
Fosburg and his son Robert; that
they quarreled and finally came to
blows on the night Of the tragedy;
that Robert Stewart shot his sister
dead while she was trying to inter-
fere as peacemaker between him and
his father
Pittsfleld, Mass, July 19.-With the
Jury empanelled and having been taken
to the scene Of the tragedy, the testi-
mOny of one witness concluded and
that Of another well under way, the
government case against Robert S.
Fosburg, the young man charged with
shooting and killing his sister, May
I. Fosburg, on August 20, 1900, was
fairly started at the close of yester-
days session. The evidence yesterday
was Of a purely technical character
and was confined exclusively to de-
scriptions of the Forburg house and
contents, and testimony by the medi-
cal examiner of this district.
Eighteen witnesses for the prosecu-
ton were sworn in the afternoon,
among them being little Beatrice Fos-
burg, sister of the defendant. Young
James B. Fosburg was also summoned
with subpoena to testify on behalf OF
the government
The summoning of these two by the
government has created a great sensa-
tion in Pittsheld, and indicates that
the government intends to bring out
all facts regarding family troubles
which are alleged to have existed.
District Attorney Hammond, Of
Hampshire county, who was assigned
to the case in the illness of District
Attorney Gardner, Of Berkshire, ex-
planned yesterday the premises from
drawings of the Fosburg residence in
his opening for the state and in detail
explained where the occupants of the
house slept on the night in question.
I'VE claim Robert S. Fosburg killed
his sister under circumstances awfully
blameful If she was killed during the
excitement of a family quarrel he is
guilty. Our claim is that Robert had
the exclusive opportunity and was the
only one who did fire the shot that
killed May Fosburg."
He referred to the condition of Mrs.
Robert Fosburg, whose night dress was
badly torn, and the condition of the
rooms. in which furniture was broken
and displaced. Then, with increasing
infection, the attorney shouted: Were
father and son scrapping when that
shot was fired? On the morning of
the tragedy Robert Fosburg said he
saw two burglars jump from a balcony
and another run down a stairway and
out There was a heavy dew that
morning but not a particle was dis
turbed. Was that story true? Could il
have been? Tell a country boy who
knows the grass and dew such a story
and he would say, What yer giving
me?' May Fosburg was shot with the
defendants 32-calibre centre-hre re
volver. the revolver being but few
inches from the girl. We shall show
her night gown as evidence of this
On this are powder marks"
Robert Fosburg's story of the night
were gone over, and the district at
torney pointed out the discrepancies
"The story of the pillow cases dis
guises are false and the burglar stor,
was false" thundered Mr.. Hammond
He spoke Of a bullet found in a bureat
in the house, and said the direction o
this bullet was such that it could no
have been fired by a burglar. because
If it had it would nave passed through
a window, and there we're no holes il
the window glass. One sensational
statement was made by District Attor
ney Hammond. when he said that afte
the shooting Fosburg and his wife SEP
arated, he going to Maine and she t.
Rochester. Mrs. Fosburg turned whit
at this. ~
Salt Trust Reduces Prices.
Chicavo Tnlv 1Q-The salt trusi