Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-07-27
Sudden Termination of the Sensational
Murder Trial at Pittsfeld
Yesterday.
Judge Stevens Decides that the Evil
dence Is insufficient to Go
to the Jury.
Remarkable Demons tratiou Occurs in
the Court Room When Fos-
burg Is Discharged.

opening of court in the Fosburgh
trial Judge Stevens instructed the
jury to bring in verdict of not guilty
and this was done, ending the trial.
The jurymen did not leave their
seats. The verdict was received with
shouts of applause which the court
Immediately suppressed. The demon
stration, however, was one Of the most
remarkable that has ever occurred in
a court of justice.
Judge Stevens in ordering YER
dict of acquittal said:
"Mr. Foreman and Gentlemen:
During six days we have listened to
painful recital of one of the saddest
tragedies ever presented to jury. A
beautiful girl, just budding into wo-
manhood, was shot down and her
brother has been accused of the
crime. The government has endeavor-
ed to prove that the girl was not shot
by burglars; it has endeavored to ex-
clude all other members of the family
from the affair and, third, to prove
that the shot was fred by her brother,
Robert S. Fosburgh. 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 a desire to
obtain proof and SO great deal of
evidence has been introduced and ad-
p,i+tod without ohjoot;oD 1yhiob m; oh +
have been excluded under the strict
rule Of the law. think I 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 single eye to ascertaining the
truth. Now, Mr.. Foreman and gentle
men, a 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 govern
ment has not furnished proof sufficient
to sustain a verdict of guilty against
the defendant, and, therefore, under
the direction of the court, in the in
dictment of Robert S. Fosburgh for
killing his sister, you will return ver-
dict of not guilty.
The crowd in the courtroom, which
included hundreds of friends of the de-
fendant, broke into loud applause.
which the court Immediately quelled
by sternly raising his finger and COM
manding the sheriff to see that the
demonstration was not repeated.
Young Robert Fosburgh was then
discharged from custody and court ad-
journed.
Fosburgh Holds a Reception.
Immediately after his discharge
young Robert Fosburgh, accompanied
by the members of his family, went to
the Wendell House, where a reception
was held and where hundreds of peo-
pie took advantage Of the opportunity
to shake hands with the young man.
AS soon as the jury was dismissed
the foreman called them together in
his private room and for the first time
there was a conference as to what the
jurors believed. Without exception
they declared that they would have re-
turned a verdict of not guilty within
is minutes even had they not been in.
structed by the court.
While Judge Stevens was speaking
to the jury the members of the Fos-
burgh family, realizing what his re-
marks meant to them burst into tears,
while the defendant sat with his head
buried, the tears coursing down his
cheeks.
When District Attorney Hammond,
who has been the prosecuting officer
in the trial, was asked to make q
statement he said that he thought it
would be improper for him to say any
thing at this time, except that from
the evidence submitted the court was
fully justified in taking the case from
the jury.