Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1901-07-25
Unexpected Conclusion of Gov
ernment's Pr 8 ;ution at
Fosburs,S rial.
STATEMENT IF DEFENCE.
Counsel Plays Upon Peoples Feelings
Somewhat-Judge stevens Would
Not Dismiss Case-Representa-
tives Of Three New York Pa
pers Expelled From Court.

Pittsield, Mass, July 23.-The govern
ment, represented by District Attorney
Hammond rested at 1880 this afternoon, in
the trial of Robert 5. Fosburgh tor the al
legged killing of his sister, May. The con-
Clusion sudden as it was uneXpect-
ed, 1t being known that there were wit
nesses held in reserve. number having
been summoned by the prosecution only
yesterday and the end was unlooke
for that it found the defendants junior
counsel, as he expressed 1T, 'at loss
where to pick up the threads of the story"
which he would tell in opening his state
meat for the defense. He. however, su'-
cceJed in setting forth nearly the whoe
of the Facts upon which the dc Tense is bas-
ed and in remarkable manner.
There were none OF the fights Of inn
passioned oratory or attempts at eloCu-
tionary effort, but a simple, plain, yet en-
phatic and effective recital of the occur
fences of the night so memorable to all
concerned, and he declared that it was
but the humdrum truth that he told as
would be proven by the evidence. His ref
ereuces to the tragedy, with all its eXcit-
ing details, and his touching and tender
illusions to the dead girl and her relations
to her brothers, drew forth sobs from
many female spectator and there were
not few moistened eyes in the room
when court adjourned. before Mr.. Joyner
had finished his opening address.
There have been many sensations dur
ing this trial the case being sensational
enough from its very mysteriousness but
there was a bolt as from clear sky this
morning at the very opening of the ses-
sion, when Judge Stevens ordered the ex-
pulslon and exclusion of several repre-
"ntatiNeS from three New York papers
the remainder of the trial because of
au article which had been published rela-
tive to an alleged affecting episode at the
grave of the victim of the tragedy. The
chief witness for the government to-day
was John Nicholson, head of the police
partment of Pittstield. The chief was
an interesting figure. swarthy of counte-
nance, with keen blue eyes. small but
very bright. and his clear, distinct and
emphatic replies to questions were fea-
ture of the session
Officer Flynn, who searched the Fos-
burgh premises on the morning following
the tragedy and who found the single
shoe which has figured a portion of
the governments chain of evidence was
also witness to-day. Capt. White of the
local police was the first witness for the
day and his INSTRUMENTATION was con-
Quoted by Mr. Joyner. His testimony was
notable for his remarkable lack of mem-
ory.
There were a number of minor Witness
es, one of whom was r. Schotield, who
testified yesterday
AT the conclusion Of the government
case this afternoon the counsel for the de-
fence suggested to the court that the
case be dismissed for lack of proper evil
dence Judge Stevens however stated
that he was not ready to entertain such
a notion
The proceedings of tomorrow morning
will be begun by Counsel Joyner, who will
conclude the opening statement TO the
jury. It is announced tonight that the
first witness to be put on by the defence
will be several of the neirhbors of the
Fosburghs who will testify severally to
hearing cries of alarm on the night of the
tragedy Among these witnesses will he
James Shepardson, whose home is directly
opposite the FosburSh house to which
James +. A. FosburPh went to ask where
he could secure a physician, Miss f.. Es-
tcle Chaplin; Harry Plumb, who it is un-
dcrstoud will testify that she saw two
men around her house at 1890 o'clock that
night. This testimony is in line with the
testimony which Counsel Joyncr said to-
night he would introduce for the purpose
of proving that burglars were actually in
the neighborhood. Although Miss b a
trice Fosburgh has not been called by the
government. II is said that the prosecu-
tion Will subject her to sharp examine
ton Of what she saw on the night Of the
tragedy.
At the opening Of court at S:l5. Judge
stevens, after lecturing the CORE spondents
of three New York papers, ordered them
excluded from the court room on the
GROUND that the articles concerning the
FoSpurSh cASe pupIlShcd tended 10 inter
lere win justice Inc Judge declined TO
take further steps, as the publishers of
lhe newspapers are outside or his Jurisdc
lon ana the IDENTITY OF the writers was
not known to him. Judge Stevens refor-
ring to the action OF the three newspapers,
salu
MY atchtlon mas been called to the
pupHCatioH oI an aFucle purpoitng to be a
oescrlFtlon OF a VISIT by Foshurgh to the
grave oi hIsS May toSpurSh, on sunday
ldst' Whlch contains description of some
thihs ailese' 10 nave occurred at the
grave Ihcre could he no more outrageous
nreach ol oi Propnety or nothing 50 "alcu'
Iated 10 prcludlce the minds of the Jury,
ana publc ana defeat the onds of iusti q,
The publishers Of these newspapers arc
outside the commonwealth ana therefore
outside OF my jurisdiction, but If proof Is
given me as to the identity of the writer's
] would deal with them accordingly. 1t Is
my privilege and my dutY'to exclude the
representatives of these paDcrs from the
court rOOm.'