The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1901-07-24

has never been permitted to know the evil
dence against him. He was never permit
ted to face the witness against him In
lower court. Until the case Of the Common
wealth was presented in this court we only
knew that it was the contention OF the
prosecution that May Fosburs was shot
while in her own room by man standing
in front Of her. We were left to suppose
that the prosecution had theory that the
father and son fought. that the son shot at
his father and accidentally killed his sister.
while treating of what happened that
night perhaps I ought to say a word about
the bureau that was in the kitchen bedroom
and which was hit by one bullet. You are
asked TO discredit the story told Of the
shooting because Of discrepancies in state
ments made by Robert 8. Fosburg.
There he was in that kitchen bedroom
in a desperate struggle with a burglar
when he was struck down by a second ma
rauder. That blow was enough to confuse
any one. and on that account we ask you
not to believe that there u great signifi-
canoe in the discrepancies that have ap-
peared in Robert Fosburg's story of tho
shot that was fired in that kitchen bed
room.
Again. there are the tracks on the out
side of the house, under the balcony. We
will tell you that they are just sucn tracks
as burglars would make II they dropped
Off that balcony.
'MAY FOSDURG FELL
IN HER BROTHERS ARMS"
I'VE will prove to you May Fosburg.
after receiving the fatal bullet. FELL back
into the arms OF her brother. There are
men, perhaps. who would have turned and
a,1 $or boly, but
burg Is not OF that kind. His step was
forward He rushed upon and grappled with
the man who had shot his sister. and
Robert would have beaten him had he not
been set upon by the pals OF the rufflan
he held in his grasp.
1.-THE little girl, Beatrice, who was behind
her sister and who saw the pillow case
pulled over a mans head, at first thought
it all joke. college prank by her brother
James, and until the zhot came she did not
realize what was happening.
"Then she CROPPED her way to the electric
light, which she turned on. She will tell
you that her brother. Robert. the defendant,
rushed past her, toward May. and she Will
tell you that few seconds later her mother
came or the scene and that she then cried
out. oh. mamma! oh, mamma! look at May
Mrs. Fosburg the mother Of this defendant.
will tell you that she awoke from her first
sleep to see light in the hall. She thought
that one of the children was i'll and was
going to the bathroom. Then. not seeing
any one, she called out. Who is it?' There
was no answer, but moment later she saw
two men, each with pillow case pulled over
his head, come to the door. The light went
out Her husband, attracted by her scream.
sprang from his bed and grappled with the
burglar nearest to him.
1.-THE second burglar Immediately set upon
HIM Mrs. Fosburg rendered what assist
ance she could but was struck down by
blow over the head and shoulders, and
after that remembered nothing until she
heard Beatrice calling oh, mamma! Oh.
mamma! Look at May The burglars, hav-
ing reused the household. realized their
danger and fought for their liberty.
1.-The wife of the defendant will tell you
her story. The prosecution has attempted
to prove that her night robe was torn.
What il It was? 1s It anything more than
natural that her night robe might be torn
as she and her husband sprang from the
he'd excited by the tumult in the house?
MISS BERTHA SHELDON
WILL CORROBORATE STORY.
Nov. gentlemen. there Is another wit
ness. The truth will stand alone, but, for
tunately, there Is another witness who will
corroborate the testimony o: this family
1t is Miss Bertha Sheldon. She heard the
shot. She heard the screams. She is
young woman and was away from home.
visiting friends in this strange house. First
she timidly opened the door from her room
into May Fosburgs room. Alas for her
when she opened the door, she saw her
friend in the asonies Of death. Her excla-
nation, What is it; what is IT, was an
swered by Beatrice. who said: "A burglar
shot May"
Mr.. JOINER paused to produce map Of
the section OF the city where the Fosburgs
lived showing their houses and the houses
/. OF their neighbors. many Of whom will tes-
tify in behalf Of the defendant. Before he
could conclude his speech court was adj