The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-07-27
FOSBURCH ACQUITTED
COURT DIRECTS VERDICT OF NOT
GUILTY.
NOT SUFFICIENT PROOF.
CELEBRATED TRIAL COMES To AN
END.

A Feeling and Able Review of the
Case by Judge SteVens-He Exon
crates the Chief of POIice--The De-
cisiOn Pleased the CrOwd-Jury
way-A Reception rendered the
Family and Hundreds Shook
Young Fosburgh's Hand.
Pittsfield Mass, July 26.-The trial
of Robert Stewart Fosburgh for the
alleged killing of his sister May, was
/ brought to an abrupt close to-day
when the jury, under instructions from
the court, returned a verdict of not
guilty. When the court convened to-
day the chamber was crowded and
large number of members of the Berk-
shire bar occupied seats which had
been reserved for them. Many women
who had attended the trial at every
session, Carrying their luncheons with
them, were there again this morning
with their lunch baskets. The Fos-
burgh family came into the court room
in body and passed to their accus-
toned seats. 1t was just 9:15 O'Clock
when Judge Stevens entered and inn
mediately upon the opening of court
the judge arose, faced the jury and di-
rected them that a verdict of acquit
tai be given for the defendant. Judge
Stevens said:
The Court Reviews the Case.
"Mr. Foreman and Gentlemen-Dur-
;aor efxr =,
painful recital of one of the saddest
tragedies ever presented to jury. A
beautiful girl just budding into wo-
manhood, was shot down and her
brother has been accused of the crime.
The government has endeavored to
prove that the girl was not shot by
burglars; it has endeavored to exclude
all other members of the family from
the affair, and third, to prove that the
shot was fired by her brother, Robert
s. Fosburgh.
The trial has proceeded somewhat in
the form of an inquest and has been
tried with great pains on the part of
the government and the defense. There
has been a desire to obtain proof and
SOL 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 tf1at
| il 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 ascer-
tanning the truth. Now, Mr.. Foreman
and Gentlemen, a motion has been
made that this case be taken from the
11rV- and if hpCnDnaC r11N dYIfxr 70 co "
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, and,
therefore, under the direction of
the court, in the Indictment
of Robert S. Fosburgh, for killing his
sister, you will return verdict of not
guilty"
The People Were Pleased.
AS the judge concluded his remarks
the people in the court room began
clapping their hands, but the judge
Immediately ordered that the applause
be suppressed and this was done by
the court officials. The defendant
stood while the foreman of the Jury
replied to the question:
What is your verdict?'
The reply was:
Not guilty"
The defendant was then formally
discharged by order of the court. Judge
Stevens then dismissed the jury, but
before doing so. he thanked them
warmly for their services and congrat-
ulated them because they had not
shirked the responsibility that fell up
on them.
Immediately after this the Fos-
burgh family was given an opportu-
nifty to leave the court chamber in ad-
vance of the rest of the people and
they did So passing down a private
stairway. They proceeded at once to
the Wendell House, where a reception
was held and where hundreds of peo-
pie took advantage of the opportunity
to shake hands with young Robert
'Fosburgh.
what the Jurymen Thought.
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 fifteen
minutes. even had they not been in
structed by the court.
WOUNDED SLAIN BY BOERs.