Evening star., 1901-07-23
Three New York Newspaper Report
ers Ex oluded From Court.
EVIDENCE IN THE FONBURGH TRIAL
Lack of Memory Disclosed in Ex-
animation of Police Officer
TREND OF TESTIMONY Y

PITTSFIELD. Mass. July 23.-At the
opening of today's session of the Fosburgh
manslaughter trial Judge Stevens excluded
from the court room four men and two
women. representing three New York
newspapers, because OF articles published
IN those papers bearing the which
were objectionable to the court. The sher-
if requested the correspondents to leave
the court room. and those representing the
papers named by the judge went out in a
body.
Judge Stevens. in referring to the action
of the three newspapers, said that his at
tentiOn had been called to the publication
of article in those papers purporting TO
be description of a visit of the Fosburgh
family to the burial place of May Fosburgh
on Sunday last. There could be no more
outrageous breach of propriety,'' said the
judge. "and nothing so calculated to preiu-
dice the minds of the jury and the public
and defeat the ends of justice. The pub
fishers of these newspapers are outside the
commonwealth. and therefore outside of
my Jurisdiction, but if proof We're given me
nf the identity of the writers / would deal
with them as the action deserves
Police officer Testifes.
Capt VIM. G. White of the Pittsfield po-
lice. who had not finished his testimony
when court adjourned yesterday, was the
first witness this morning. Mr.. Crosby
asked him a question about the identity
of the single shoe found in the Fosburgh
house and then turned the witness over to
the defense for cross-examinations. The
questions of the defense seemed to disclose
such lack of memory and absence Of
thoughtfulneSS on the part of the officer
when he was called to the Fosburgh house
that Mr.. Joyner. in course of the proceed
iEgS. asked: You Were then in a very
th0ughtltSS mood. nOt?'
Capt. White replied that he did not think
he was.
The witness could not remember who ac-
Companied him into the cellar of the Fos-
burgh house when he was making his in
vestigations. He said that at the time it
was told he believed the story of the fam
lily about the burglars
What He Did Not RecoIIect
Capt. White said that he could not tell
whether or not any one besides DR.. Scho-
field and Robert Fosburgh. the defendant
We're present with him when Robert told
the story of the tragedy, nor did he re-
member in what room they were at the
time. but admitted that it might have been
in the room where the body of May Fos-
burGh lay.
In response to sharp questioning Capt
White admitted that his attention was
called To various articles of overturned fur
nlture by members of the family, and that
he did not remember that he examined
first called by some one.
Il do not recall; / cannot say" was the
answer to the question. Did you any
of the matches that were found in Mr.
Chapman's house?"
Policeman Daniel Flynn of Pittsfe!d
who aided Capt. White in the search OF
the Fosburgh premises. gave testimony
much the same as that given by his
perior. adding that the defendant denied
the shoe found belonged to him
Objections Entered.
Questions as to whether marks found on
the roof of the piazza had been there a
month. aSi attempt to introduce some
photographs Of the interior of the house.
met with objection from the defense
which was sustained by the court in each
instance
Mrs. f. T Castle who owned the house
in which the FOsburghs lived last August
stated that on October 1 she washed all
marks off the piazza.
VIM K. Gardner, whose home was near
ly opposite the Fosburgh house said he
neard cries Of Police" about 30 O'Clock
on the morning on which May Fosbursh
was killed. but that they came from di-
fection opposite the Fosburgh house. He
looked out of a window, but everything
seemed quiet.
Testimony of n Brother.
James Fosburgh was called yesterday as
a witness The summons was a sudden
and startling one. made as 1t was BY Dis
tTict Attorney Hammond. who heretofore
had taken no part in the examination of
witnesses.
The young Yale graduate made an inter-
eSting figure on the stand. and his testi-
mony was direct and conclusive 1t ap-
pdrently left doubt that his explanation
~ the reason why he did not know that
burglars had been in the house and killed
his beautiful sister was truthful and
ftraightforward- His testimony greatly
Stsli ne tE1 E.FZ
ultimate acquittal of his brother James
was slightly nervous, however and this
was noticeable when any reference was
made 10 the death of his sister or to the
scanty attire OF the members OF the family
on the night of the tragedy
The expected attempt Of the government
10 d"lVe into the question of family nuar-
r"IS did not materialize, and James Fos-
bursh explanation of his attempt to get a
number OF doctors. his return to the death
chamber and his ministrations to his par
ents created favorable Impression In the
minds or all who listened to him
In contradiction of the testimony of a
previous government Witness to the effect
tnat he had seen lanes Fosburgh in the
mouse alter the murder. with his suspend
ers hanging down, young Fosburgh swora
that ne had not owned pair of s,Ispenders
Tor five years. Dramatic however was
the scene when James Fosburgh described
ms ascent OF the front stairs after he had
heard terrible shrieks," yet not Knowing
Just what had happened: the meeting with
his sister-in-law, who as he said "an
peared before me in the light Sbs aa.
In her nisht dress said witness. and ex-
Grained In fear: Your fathers gone
crazy o
DESPERATE PISTOL DUEL.