Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-07-24
DEFENCE RESTS.
Government Suddenly Con-
cIudes in fosburgh Case.
Makes but Little Roadway and Its
Theory Seems Weak.
Witnesses Show Surprising Lack OF Memory.
The Defence Opens Case.

Pittstield. Mass, July 23.-The gov
eminent represented by District Attor-
ney Hammond, rested at 3.25 O'Clock
this afternoon. in the trial Of Robert
s. Fosburgh for the alleged killing Of
his sister May.
The conclusion was as sudden as it
was unexpected. it being known that
! there We're witnesses held in reserve,
. number having been summoned Dy
he prosecution only yesterday. and
The end Was 80 unlocked fnr that ii
found the Defendants Junior counsel.
IS he expressed it, lat a loss where to
pick up the threads of the story
which he should tell in opening his
statement for the defense.
He. however. succeeded in setting
forth nearly the whole Of the facts
upon which the defense is based ana in
X remarkaLic manner. There We're none
~ ia fights Of impassionei oratory
o.. attempts a clocutionary art. but a
simple, plain. Vet emphatic recital Of
the occurrences If the night 50 me-
Hurable to an concerned. ana he de-
CARED that II WAS but the truth that
h. ;"ld end which would be proved by
tt,. evidence.
! HIS references To tine tragedy with
uIl its exciting details ana his touch
! na, aud tender illusions to the dead
I girl and her relations To her brother.
/ drew forth snhS from many q female
! Spectator and there We're not a few
Juui>tru"i eyes in the room when court
! a9jouinrd before Nh. Ioyner had fin
/ i>lrd his opening address.
| There have been many sensations
| during tn~ trial. the case being sensa-
| tiunal enough from its very mysteri-
BUSINESS. but there was Il bolt as from
2 clear sky this morning. at the Very
opening Of the session, when Judge
Stevens ordered the expulsion ana ex-
| cluSion Of several repre- SentatiVeS from
| tirce New York napera for the balance
VT til, trial because Of an article pub
/ liShCd relative TO an alleged episode at
| the grave Of the victim of the tragedy
| on sunday last. The publication Of the
| alleged fact the court described as "the
g~osscst attack on the administration
Of justice"
Il can think OF no publication more
| likely 10 affect the minds OF the jur-
crS," he said, ana in response to his
order to the sheriff the several repre-
Sentatves who We're present left the
room and will not be permitted to EN-
t"r during the balance Of the trial.
| The principal witness for the govern
ment, today. was John Nicholson. head
of the police department of Pttsfeld.
| The chief was an interesting figure,
| svarthy Of cOuntenance. with Keen
blue eyes. small but Very bright. and
/ l., L l..
| to questions We're d feature of the SEES
sion. He wore 4 black suit. without
Vest, ana Il belt, and he was contin-
Ually tWirling the ends Of his nous
tache.
Officer Flynn. who searched the Fos-
! lurgh premises on the morning fol
lowing the tragedy and who found the
single shoe which has figured as a por-
tiCn Of the governments chain of evil
dence. was also witness. today.
| capt. White of the local police, was
, the first witness OF the day and his
Cro-s-eXamination was resumed by Mr..
Joyner. His testimony was notable for
hs remarkable lack Of memory ana the
many Things which he did not know
concerning the case. These facts were
made much of by the defendants coun-
81.
officer Flynn proved to he 4 witness
, more confident that he was not mstan-
IN. There We're Il number of minor
Witnesses. one Of whom was DR. Scho-
field, who testified yesterday.
Al the conclusion Of the govern
mcntS case. this afternoon, the coun-
sci FOR the defense suggested to the
cuult that the ease De dismissed for
lack u proper evidence Judge Stev-
ems, however, decided that he was not
ready t. entertain such a motion
The proceedings Of tomorrow morning
Will De hc"un by counsel Joyner Of tine
defence, who will conclude his opening
statement to the jury. II is announced.
tonight that the first witnesses to be nut
on ny the defence viii be several of the
ncghbor:i Of tile Fosbur.hs who will tcs-
tifv to hearing cries Of alarm. This tcs-
tirnony is in line with the testimony
which Counsel Joyner said. tonight he
would introduce for the purpose of prov
ing that burglars We're actually in The
noighbornood. Although Miss R.utrice
FosburGh has not been called by the gov
eminent it is said that the prosecution
viii subject her 10 a sharp rOss-examina-
ton ON what she saw on the night Of the