The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-07-19
TESTIMONY AT PIf4SRIBLD.
Progress of the Trial of Robert
FOsburgh for Murder.
The Prosecution Making Deter
mined Effort to Prove That the
Shot Which Killed the Defendants
Sister was Fired at Close Range.

| PiTTSFIEID. Mass, July 19-Rapid
| progress is being made in the trial of
Robert S Fosburgh. jr-, who is accused
Of having murdered his sister. May l.
Fosburgh, on August % 1862 and having
laid the crime at the door Of burglars or
tramos
/ The courtroom was again crowded this
morning. ard every step in the case was
followed with intense interest by the fam
I iIy of the accused man and the specta-
tors. Several witnesses were Examined in
regard to the weapon used in the killing
and the nature # the ammunition. this
Iina OF testimony being intended to prove
that the revolver was fred at close range
at the victim
It was learned today that late yester-
day the prosecution subpoenaed James 3.
A. Fosburgh, younge- brother of the de
fendant; Dr. F. W Draper. medical ex-
! aminer Of Suffolk. and Mayor Dimon. of
Lowell. member of the United States Ne
taIlic Cartridge Company. This served to
Increase interest in the case and was
plain Indication of the intention OF the
u
| ~ to press its case reIentlessIy but also
not to surrender point apparently lost
| by Judge Stevens ruling. which yester-
day excluded testimony as to the mdica-
tions afforded by powder marks on the
young wornan's night dress as to the
proximity OF the revolver from which the
pistol shot was fred.
| Beatrice Fesburgh, the fifteen-year-Old
| girl who says that she was Just behind
| her sister when the latter was shot, was
| subpOenaed some time ago, and a scnsa-
| ton had accordingly been discounted
when she stood up in the courtroom yes
| teTiay afternoon and was sworn with the
dozen and half Of men and women with
/ the chief Of police at the head.
! James Fosburgh was graduated from
| Yale last June He IS a pIeasant-faced
/ youth, slender, erect, and reserved. He
! was sleeping on the floor below the rest
/ Of the family on the night of the shoot
/ ing. and District Attorney Hammond said
/ in his opening address yesterday that IL
/ was not until this boy had returned from
! hurTyinE about the town and telephouing
for d physician representing period Of
! 4 half hour or SO. that the family made
an outcry about burglars and murder.
| The purpose in summoning Dr- Draper
/ and Colonel Dimon to the Government
aid was obvious. Judge Steven. yester-
/ day would not allow the medical exam
/ iuer. Frank X Paddock. to testify as to
! the conclusions to be drawn from the
powder stains on the night dress The
/ girl was killed by Il .52 calfDre bullet al
/ legged to have beer fired from the defend
/ ants revolver. which. he said Just after
! the shooting the burglars must have
/ found lie had bought his revolver in
/ Pittsfeid and DR. Paddock had bought a
/ revolver supposed TO be identical ID pat
| tern and caIIare ana had fired shots from
| II at pieces Of night dress from various
! distances He was not allowed to tee-
/ tIfy as to the conclusions TO be. drawn
! from comparing the experimental powder
stains with those surrounding the hole
made by the bullet that killed Miss Eos
bIrgh
| The prosecution was not able yesterday
tc show that Dr. Paddock-s experiments
were made with exactly the same kind Of
revolver as that used by the person who
killed the girl, nor to show that the pow
der charges were the same as that be-
/ hinG the fatal bullets II is tie prosecu-
tion's contention that the shot which kill
ed Miss Fosburgh was fired from a dis
tance Of a foot or less. 1t Is supposed
/ that DR.. Draper and Colonel Dinou. both
/ OF whom testified as experts on powder
/ marks and pistols and gunshot wounds
| at the Eastman murder trial in Cam
bridge recently. were summoned 70 give
/ general testimony as to the effects Of
shooting from any and all kinds of pis-
toIs at various ranges. The prosecutions
contention about the range in this case
Is important as contradictory stories were
told by the Fosburghs
Composure and considerable degree of
confidence us manifested ir the bearing
of the members Of the Fosburgh family
when they came iuts the court room a
few minutes before the hour for couven-
ing this mC-ning- Counsel for the de-
ieuddnt, Charles z Hibbard and Bert C.
Juyuer are making a stubborn fight for
| tncir client They even Cross-eXamiued
| for nearly an hour the engineer who stI-
peTyIsed the drawing OF the maps and
charts Of the Fosbursh house and sur
roundiuEs- which have been hung I'D on
the wall for the jury's guidance.
DIR. PADDOCK'S STORY
When court reconvened at g:I5 O'Clock
the medical examiner. Dr. Paddock. was
recalled to tho stand and examined by
AIr- Crosby. Or. Paddock w $ summoned
~ ,.Ie Foshurgh house about , O'Clock ON
the morning Of the shooting. reachi.a,
there about 20 He said that the do
feuGaut and his father were fully dress
cd, while James was oily partly clad
The witness continued:
James told me that he had been sleep
ing down stairs, that he saw no burg
lars, that they had gone when he got uD-
stairs IT Was q very dark night. There
was no moon. 1t was 50 dark that I ala
not recognize Police Captain White.
whom met outside till he held up a Ian
tern Beatrice Fosburgh told NE that she
was standing behind her sister when the
shot MAS fired and that there was no one
else present in the room"
Dr. Paddock vas turned over to the de-
felce for cross-ezamination which was
conducted by Mr.. Joyuer. Ills first cues
tiuas were anatomical and pathological.
referring to the structure Of the Iuuas
and heart and their condition in May Fa4-
bUTgh's body Wh,H Dr. Paddock perform
ed the autopsy. The bali that struck the
girl PASSED through The upper. p..rCs OF tl,.
heart and through the left lung. fractur-
ing the seventh rib. DT. Paddock. who is
q Wlii-kuowu physician and surgeon ina
the BcTkshfTas- IS related 10 AIrsIIibl,strI
leading counsel for the defence by mar
TidSc. The rrDss-cNamiuati0n uu DfvsfgI-
ogy was meant to show that the bullet
need not have been fired At q range Of |
foot 5r so in order 20 have traysIed
through ths body where 1t did and 10 have /
lodged IN the muscles under tne left
shoulder blade. Dr Paddock's answers |
were rather TO the effect that there was |