The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1901-07-27
FOSBURGH NOT GUILTY.
VERDICT ACOUTTTAL ORDER ED
BY TRIAL JUDGE.

Affidavits Forwarded by Capt. Titus.
Pittsfeld, Mass, July 26.-The trial
of Robert Stewart Fosburgh for man
slaughter in causing the death by
shooting of his sister May in August of
last year was brought to an abrupt
close this morning, when the jury, un-
der instructions from Judge Stevens,
returned a verdict of not guilty. AS
soon as the court opened the judge
arose and made the following address to
the jury:
MIR. Foreman and Gentlemen-Dur
ing six days we have listened to pain
full recital of one of the saddest TRACE
dies ever presented to jury. A beau
tiful girl just budding into womanhood,
was shot down, and her brother has
been accused of the crime. The govern
ment has, in accusing the brother of
the crime, been called upon to establish
three things: First, that May Fosburgh
was not killed by burglars; second, the
government must exclude every one
else In that house from the charge ex-
cept the defendant; and, third, that the
act was a criminal one.
1.-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 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. l
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 a single eye to ascertain
ing the truth.
"Now, MI. Foreman and gentlemen,
motion has been made that this case be
taken from the jury, and it becomes my
duty to say to you that in the opinion of
the court the government has not fur
nished proof sufficient to sustain ver-
dict 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 a verdict Of not guilty"
During this address the members of
the Fosburgh family, particularly the
defendant, showed deep emotion. Young
Fosburgh sat with bowed head, while
tears fell from his eyes. His wife was
i'll and not present. The crowd in the
court room, which included hundreds
of friends of the defendant then broke
into loud applause, which the judge i'm
mediately quelled by sternly raising his
finger and commanding the sheriff to
see that the demonstration was not re-
peated.
The defendant was then ordered to
stand while the foreman of the jury was
asked, What is your verdict" The
reply was, Not guilty" Judge stew
ems then, in few words, expressed his
thanks to the jurymen for their careful
of the case during its pre-
sentation to them Robert Fosburgh
was then discharged from custody and
court was adjourned.
Immediately after this the Fosburgh
family was given an opportunity to
leave the court chamber in advance of
the rest Of the people, and did so, pass
ing down private stairway.
AS soon as the jury was dismissed the
foreman called them together in his
private ROOM and for the first time
there was conference as to what the
jurors believed Without exception they
declared that they would have returned
a verdict of not guilty within fifteen
even had they not been in
structed by the court. Their general
was that the government
had acquitted the defendant with it's
own testimony. They said they would
have paid no attention to the exhibits
in the case.
From the court room young Fosburgh
went directly to the hotel and passed
quickly to his wife's room. He spent
some time there, and then went to the
lobby of the hotel where for an hour he
received the expressions of good will
and congra tulations of his friends. His
mother had met him in his Wife's room
and soon afterwards she returned to
the lobby of the hotel and received the
friends who had already extended their
tions to her son. Young Fos
burgh declined to make any statement |
for publication.
District Attorney Hammond who has
been the prosecuting officer in the trial, |
said that he thought it would be i'm
proper for him to say anything at this
time, except lHdl HUN tHc SNl,CilSS
submitted the court was fully justified |
In taking the case from the jury He
thought, however, that Chief of Police
Nicholson was fully warranted in maxi
ing the investigat ton that he did.
Mr.. Hammond said later that the
expected to show by the
testimony of Beatrice at the inquest
that the defendant had the exclusive
to get his revolver. At the
inquest, he said, her testimony was that
1er brother Robert was in the back hall
when the shot was fired, but her action
n changing her testimony prevented
The state from bringing out that point
20 the jury.
TO RECEIVE THE TITUS
AFFIDAVITS.
One of the features Of the brief SEES
sion Of court this morning was an an
to the newspaper men by
chief of Police John Nicholson that the
lffidavits which had been sent to him
by Captain Titus, chief of
he New York detective bureau, had
,rrived in Pittsfield this morning by
registered mail, but that the chief had
'efused 10 accent them and they would
,e returned to New York. In evplana-
ion of this action Chief Nicholson said
hat he felt he had not been treated
light by Captain Titus. He said: IF
he New York police want to send any
hing to me they know how to do it
without notifying me by wire