Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-07-23
CASE AGAINST FOSBURG
IS NEARING COMPLETION.
STATE Announces THAT 1T HOPES
TO FINISH ITS EVIDENCE
SOON.
YESTERDAYS EVIDENCE WAS
INTENDED TO FORTIFy AND CON-
Meet THAT WHICH HAD
GONE BEFORE.

foSDuTk Mdc tdittu NV~hat rs WV
ness for the prosecution in the trial of
his brother, Robert S. Fosburg, for the
murder of their sister. May Fosburg.
The summons was sudden and start
ling one. made as 1t was by District
Attorney Hammond, who heretofore
had taken no part in the examination
of witnesses. The young Yale gradu-
ate made an interesting figure on the
stand and his testimony was direct and
conclusive. II apparently left no doubt
that his explanation of the reason why
he did not know that burglars had
been in the house and killed his beauti-
full sister, was truthful and straight
forward. His testimony greatly In
creased the faith OF the defense In the
ultimate acquittal of his brother.
James was slightly nervous. however,
and this was noticeable when any ref
erence was made to the death OF his
sister or to the scanty attire OF the
members of the family on the night OF
the tragedy.
The expected attempt of the govern
ment to delve into the question of fam
lily quarrels, did not materialize. and
James Fosburg's explanation OF his at
tempt to get a number of doctors, his
return to the death chamber and his
ministrations to his parents. created a
favorable impression In the minds oil
all who listened to him.
In contradiction OF the testimony OF
previous government witness to the
effect that he had seen James Fosburg
in the house after the murder, with
his suspenders hanging down, young
Fosburg to-day swore that he had not
owned a pair of suspenders for five
years. Dramatic, however, was the
scene when James Fosburg described
his ascent of the front stairs, after he
had heard terrible shrieks.' yet not
knowing Just what had happened the
meeting with his sister-in-law who, as
he said, appeared before me in the
light" She was In her night dress,
said the witness, and exclaimed in fear,
Your fathers gone crazy"
To-day also Witnessed the produc-
ton as a witness OF DIR. w. w. Scho-
field, the first physician to visit the
Fosburg home after the tragedy.
Though called by the government, his
testimony was OF little or no value to
the prosecution and 1t apparently told
in favor of the defense. The super
structure which the government to-day
erected over the foundation laid last
week, cannot therefore be said to be
complete. It has been suggested by
friends of the Fosburg family that In
the event of the government not max
ing a stronger case, the defense may
not put in any testimony. Even should
the witnesses for the defendant go on
the stand, 1t is believed the case will be
finished by Thursday night at the
latest
In an interview tonight Lawyer II.
C. Joyner, of counsel for the defense.
stated that It was possible that the
conclusion Of the presentation OF the
governments case he would make
motion that the court order a verdict
of not guilty. 1t is understood that
Miss Beatrice Fosburg, who was to
have been the chief witness, Will not
be called by the government, which
leaves Chief of Police Nicholson as the
only important witness yet to be heard
for the prosecution.
The REORGANIZATION OF Captain
White will begin with the opening OF
to-morrow's session.
1t is possible that the prosecution
will rest tomorrow night and in the
opinion OF Attorney Joyner the trial
will be over by Wednesday as far as
the evidence is concerned. and he also
says that the argument in any event
will be brief on the part OF the de-
tense. Both Mr.. Joyner and James b.
A. Fosburg emphatically state that the
defendant will go on the stand and
testify in his own behalf In case the
defense presents any evidence.
Nelson j. Hall told of visit to the
Fosburgh house at o'clock on the
morning following the shooting. He
found pair of black half hose with
white dots, he said, on the grass near
the edge OF the road. The half hose
were well worn on the bottom. Fur
Their on he picked up single sock. The
half hose were identified in court by
witness Is the onea he found.
The tracks OF bare feet were also
noticed in the road. They were about
ten inches long and quite broad. They
disappeared at q bend in the road fur
Their on.
The finding Of pair Of trousers and
of the pillow case which Is said to
have been used as mask by one Of
the burglars. was then given by those
who picked them up, and the articles