The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-07-22
A Pair of Trousers and a Torn
Pillow Case.
All Appear as Exhibits in the
FOsburg Case.
ODD KIND OF MATCHES.
Many Queer Things Are Offered
as Evidence
To Prove That FOsburg Did or
Didn't Kill His Sister.

Pittsfeld. Mass, July 22-With three
steps in the case against Robert S.
F'osburg, the alleged slayer Of his
sister May, apparently well fortified.
the prosecution came today to the
opening of the third days session OF
the trial of young Fosburg for man
slaughter with the announcement that
it hoped to complete its case before
night. The first witness today was
Arthur A. F'obes, a local civil engineer,
whose testimony was mainly concern
ing measurements about the Fosburg
house and the arrangement OF furni-
ture. Mr.. Fobes testimony was tech
nical and of little Importance
The next witness. Nelson J. Hail. Of
this city, told of a visit to the Fos-
burg house at o'clock on the morning
following the shooting He found a
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 Further on
he picked up a single sock The half
hose were identified in court by witt
ness as those 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 a bend in the road fur
ther on.
The finding Of pair of trousers and
OF the D1llOWcaSGs WHICH IL 1tAA4 ~ AHsN-
been used as a mask by one OF the
burglars, was then given by those who
picked them up, and the articles were
shown and identified
Lawyer Crosby asked that Harold
W. Hopkins who occupied the witness
stand at that time, should try on the
pillowcase to see If it possibly could
have been used as mask. Judge
stevens declared that such a step
would be unnecessary at that point
The judge apparently satisfied himseit
on this point by running his hand into
the torn place to see just how large u
Was
Photographs of the piazza posts OF
the Fosburg house. snirched with the
imprint of grimy hands, were intro
duced as evidence, to Whtch the QeAenae
objected. but was overruled.
Or. ". w. SchOfeld, who has been
looked upon as an important witness
for the state, was then called.
Dr. Scho6eld told Of being called 70
the FosburE household at 1880 O'Clock
g. m. and Of finding two officers on
guard when he reached there az =
o'clock. Some one said You are toe
late, doctor; the girl is dead" Witness
entered the house and at once Went
up stairs. On the floor of the bedroom
he saw the body Of the girl covered
with a sheet and with pillow under
the head. Blood was oozing from tne
mouth and from the wound.
He examined the body and was con-
vinced it was dead. 1t lay diagonaliy
The witness said he saw two women
on the bed, and the defendant standing
in a door way. The other members or
the family were in an adjoining room
witness said the elder FOsburg de-
clared to him that he was lying in bed
in his room on his left side facing the
door He suddenly awoke to find man
standing in front of him with a re-
volver in one hand and a match In the
other. The revolver was within foot
Of his head. He sprang up ana struck
the hand which held the revolver ana
then grappled with the intruder. sud
denly he was struck on the head ana
knew nothing for few moments. WheM
he recovered he found his son. the de-
fendant. had been similarly assaulted.
DR. Schofeld described the terrible
wounds which he found on the head OF
each. Each of the members Of the laEn-
iIy was fully dressed at the time OF the
witness arrival except that the detend-
ant had on no collar or tie.
DR.. Schofield said that he was toid
about the burglars revolver which had
been found under Mr.. FosburB Deu
but he did not see it. The two women,
he said were in Mysteries and he sent
a man to summon q nurse. No mention
was made to him of any loss.
Police Officer Geo. @. Chapman gave
an entirely new bit of evidence. he
stated that he found a number Of
matches of a different make from those
used by his family in a bed room or his
house and near the doorstep outside on
the next morning after the Forubrg
shooting. Witness said that his wife
declared that there must have been
burglars in the house that night
Matches found in the Fosburg house
were similar to those found by Mr.
Chapman.