The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-07-24
REPORTERS KEPT OUT
Judge Says Newspaper Re-
ports Were Outrageous
ON F0SBURGH TRIAL
Captain of Police Makes Poor
Showing on Stand.
IN FOSBURGH
TRIAL

Pittsheld, Mass, July 23.-At the open.
ing of today's session OF the Fosburgt
uansIaughter triel. Judge Stevens excIud-
ed from the court room four men and two
women, representing three New York
newspapers, because Of items published in
those papers bearing on the case which
we're Objectionable to the court. The
sheriff requested the correspondents to
leave the court room and those represent
ing the papers named By the judge. went
out in body.
Judge Stevens, in referring to the ac-
ton OF the three newspapers, said that
his attention had been called to the publi-
cation Of an article in those papers pur-
/ porting 10 be a description of visit of
| the Fosburgh family 10 the burial place
! CT May Fosburgh on last Sunday.
There could be no more outrageous
/ breach of propriety,'' said the judge, and
nothing so calculated to prejudice the
minds of the jury and the public, and
defeat the ends Of justice The publish
ers Of these newspapers are outside the
commonwealth and therefore outside any
jurisdiction, but if proof were given me
Of the identity Of the writer's, I would
deal with them as the action deserves
Captain William C. White OF the Pitts
field police, who had not finished his tes-
Il nony when court adjourned yesterday,
va. the first witness this morning. Mr..
C,-r.s by asked him a question about the
iderfa y Of the single shoe found in the
Foslsn Oh house, and then turned the wit
ness eycr to the defense for cross-exan-
nation. The questions of the defense
seemed 10 disclose such a lack of memory
end an abs. nee Of thoughtfulness on the
mart Of the officer when he was called to
the Fosburgl house that Mr.. Joyner, in
course Of the proceedings, asked:
You were then in very thoughtful
mood. were y0u not7"
CAPTAIN White replied that be did not
think he vas.
The witness could not remember who
accommodated him into the cellar Of the
Fosburgh house when he was making his
investigations. He said that at the time
if WIS told he believed the story of the
family about the burglars.
CAPTAIN White said that he could not
tell whether or not anyone besides DR..
Schofeld and Robert Fosburgh, the de-
PENDANT. were present with him when
Robert told the story OF the tragedy, nor
did. he remember in what room they were
at the time, but admitted that it might
have been in the room where the body
OF May Fosburgh lay. IN response to
sharp questions, Captain White admitted
that his attention was called TO various
articles of overturned furniture by mem
bers Of the family. end thar he did not re-
member thar ho ~ mined anything to
which his after ton was not first called
by some one.
T do not recall at can not say" was
the answer to ise question:
Did You see any of the matches that |
were found in 1rr Champman's house?"
Policeman Da. Flynn Of Pittsfeld. who |
aided CAPTAIN White in the search of the !
Fosburgh premises gave testimony much /
the same as that given by his superior. |
adding that the defendant denied that the |
shoe found ha.onged 20 him.
John Nicholson. chief Of police Of Pitts /
field and practically the last witness for
the prosecution. was then called. The
part which Chief Nicholson took in the
tragedy began when he reached the Eos
burgh house. --Ueen and 6 o'clock in
the morning. Arg. q.
The first pcrse MS he met were the de-
PENDANT and his brother, James, who at
once told him about the burglars, and
then called his attertior t. the marks
and foot prints about The place.
Captain Nicholson then tolG the story
as it has been repeated tine after time
in the course Of the trial.
After the defendant told me this" con-
tinued the witness. I'VE visited the dark
and there we found a hole in the
wall. The defendant had suggested that
two bullets were fired and thought that
one might be Embedded in the wall.
could find no bullet there. We went To
closet in the vacant room and there on
q trunk I saw diamond sunburst stick
pin and watch chain.
My next visit 20 the Fosburgh house / Z
was at Il o'clock. the same morning. on |
The way in, James Fosburgh handed me
a bullet which ne said he had found IN a
bureau"
At 2:O5 o'clock Chief Nicholson had end
d his direct evidence and the crcss-exam-
nation began. 9