Waterbury Democrat., 1901-07-23

IIfG commonwealth ana I0efeIOFe out side of my jurisdiction, but if proof were given me of the identity of the writers, I would deal with them as the action deserves. It is my privilege ard my duty to exclude the representa- tiyes of these papers from the court room"
 Pittsfeld, Mass, July 23.-Having failed in it's plan to reach the close of its case yesterday, the prosecution in the trial of Robert s. Fosburgh came to to-day's session with only one inn portant witness remaining to be heard. This was Chief John Nicholson of the PittSfield police. whose story is long and is believed to be important for the state, as he has conducted practically all Of the Investigation that has been made upon the theory that Robert Fosburgh killed his sister May and that burglars did not do it, as alleged by the FOSburgh family.
 The decision of the government last night not to call Beatrice Fosburgh, the young sister of the defendant, was surprise to those who have followed the case and particularly to those who, as the trial progressed, have had op- pOrfUnity to watch this bright girl as she has sat, day after day, close to her mother and not far away from her accused brother
 From what could be learned early to-day it was considered probable that the state would finish its case and that possibly the argument for the defense might be introduced before night, if motion for dismissal of the case to be made by the defense at the con- cluSi0n of the governments testimony should not be granted There seemed to be this morning quite a general be- lief that the defense might not be obliged to present any case, and the lawyers for the accused seemed to be strongly of this opinion. However they were prepared to go on with the case even to calling the defendant himself to the stand in his own be half- If such a program should be carried out the defense hopes to reach its last witness before the close of Wednesdays session.
 Captain William G. White of the Pittsfeld police, who had not finished his testimony when court adjourned yesterday, was called to the stand after the stir attending the expulsion or the newspaper correspondents. Mir Crosby asked him question about the identity of the single shoe found in the FOsburgh house and then turned the witness over to MT Joyner for cross examination The questions of the attorney for the defense seemed to disclose such q lack of memory and an absence of thOughtfulness on the part of the officer when he was called to the FOsburgh house that MT JOyner, in course of the proceedings, asked:
 You were then in a very thought less mood, were you nOt?'
 Captain White replied that he did not think he was.
 At the beginning of the crOss-exam- inati0n the witness said he could not remember who accompanied him into the cellar of the Fosburgh house when he was making his investigations, nor could he recall just what he did at several points. He said that at the time it was told he believed the story Of the family about the burglars.
 Captain White said that he could not tell whether or not any one besides Dr SchOfieId and Robert Fosburgh, the defendant were present with witness when Robert told the story of the tragedy. Witness did not just re member in what room they were when defendant told the story, and admitted that it might have been in the room where the body of May Eos buTgh lay. He said that he could not 0c9CElDe Inc luTulIuEe III tue TOOm-
 Tn response to sharp questioning, Captain White admitted that his at tention was called to various articles of overturned furniture by members of the family and that he did not re- member that he examined anything 10 which his attention was not first called by some one
 Policeman Daniel Flynn corrobor- nted the testimony given by his SUI perfor. Captain White. The evidence in regard to marks on roof of piazza and the photographs were objected to by the defense. and the objections were sustained in each case.
 After the district attorney had giv- en his evidence to show that there was new moon four days after the tra eedy at the Fosburgh home Chief oi Police John Nicholson. who is practi callT the last witness for the state was uuf on He said that he reached thu Fosbureii home between and o'clock on the morning of August 21 f1,e date of the shooting. The first per s5n bt met was James Fosbureh ths brother of May James told the chic about the burglars He also shoFe{ fIn .1e tracks nlcut t1e home' and