Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-07-25
A STRONG DEFENCE
Being Made in Famous Fos-
burgh Murder Trial.
fosburgh, ST., and Daughter Beatrice
Both Tell Convincing Stories.
Evidence for Defence as Strong as the Govern.
ment's Is Weak.

DuTSh case, famous and attracting. in
tense interest throughout the country
because of it's dramatic features. is
nearing an end For many days every
one has been on the anxious seat wait
ing for and expecting the government
10 bring out some new point. But. up
to the present the surprise has not
been brought out.
AT today's session the number of
people seeking admission was many
times larger than the court room could
accommodate. 1t is noticeable that out
or every 10 persons present nine are
women and the color scheme of hats
and shirt waists is picturesque.
Many sensational incidents occurred,
today, the first coming when. after Mr..
Joyner for the defence. mad concluded
his able presentation of what he
claimed he could prove. Fred'k. W.
Lund the bookkeeper and paymaster
Of the Fosburgh firm. in testifying de-
clared that he felt some Of the men
who We're employed by the firm were
dangerous. He said he knew they car
ried weapons.
Another came during the testimony
Of the father of the dead girl. In the
course Of his description of the manner
in which the FANNY spent tn. Sunday
evening preceding the tragedy he said:
Then May went in and sang several
selections. while Miss Sheldon played.
Tho last song she sang was Plains of
Peace"
When Mir. Fosburgh came to the re-
ference of Mays singing her last song
ne stopped. Tears came to his eyes.
His lips quivered and his voice choked.
His head was bowed and for a few
seconds, he was unable 10 continue.
otherwise, MIR. Fosburgh's testimony
was given in a clear cut and distinct
voice. Each word was measured.
Mr.. Fosburgh's narrative Of the day
OF the burglars and of his encounter
with them was told without the inter
ruption.
oh. Robert she is gone" cried out
my wife. "and | remember she knelt
there and offered a prayer"
So the witness told of his first knowl
edge that his daughter was dead
Mr.. Fosburgh emphatically denied
that he had ever said either of the
two men who entered the chamber car
red lantern. as has been testified by
at least two government witnesses. He
said this slowly and distinctly and lat
er explained that he might have said
To some one that the third man who
was behind the other two might have
had a lantern. a candle or matches.
Again. when Mr.. Joyner questioned
Mr.. Fosburgh with reference to the
meeting with Esther at the depot on
the morning after the tragedy and as
to what was told her. refutation of
one of the theories which have been
prominent in this case. was made by
Mr.. Fosburgh.
Esther said" he testified: What
has happened?' Then Robert put his
hand on her shoulder and replied: oh.
nothing. Esther. only papa and ! have
been in little scrap and he got hurt
1T was not We have had scrap.
No. sin replied the witness. with
emphasis.
Little Beatrice FoSburgh called by
the government. but not used on that
side of the case. was on the stand. to-
day. for the defense. and was the first
one to break into tears while telling
the tragic story of the death of her
sister.
'0Ht II All ditTdttlNt llltle Slfl OF 10.
with bright black eyes. but a weak
thin voice. Her description of her
glimpse of the intruder who killed her
sister was very dramatic. Il saw the
pillow ease standing up there in the
doorway with holes in it for eyes. Then
| saw the flash. As my brother rushed
by me ! turned on the light and cried:
Hurry up-there are burglars in the
house."
Herbert G. Joyner of the counsel for
the defence, resumed his preliminary
remarks 10 the jury. At the hour of
adjournment Tuesday MIR. Joyner was
relating the dramatic scene at the Fos-
burgh house on the morning of the
tragedy. He had told of Robert l..
Fosburgh, who had been beaten by
burglars recovering from the shock and
running to the front window and
sceaming murder
Mr.. Joyner spoke of the pistol used
by the murderers. He said the weapon
had belonged to the defendant. this be-
ing admitted by the government. I'VE
do not know" said Mr.. Joyner. land
the government does not know that it
was his pistol. 1t is probable that it
was"
Counsel went on to explain the pres
ence of the pistol in the house by say
ing that the contracting firm of r. l..
Fosburgh & Co., had many men in its
employ the pay roll amounting to some
$4,000 weekly. The men We're non Eng /
lish speaking and were paid in money |
at the office of the company. Mr.. Fos- I,
burgh. ST.. would take money from the |
bank to the office in an electric car.
Men know this and because of the risk |
the chief of police had once remarked |
that if any men needed pistol they |
Uhe Fosburghs) did. For this reason |
the defendant got one.
Mr.. Fosburgh, the defendant and his |
wife, occupied the kitchen bedroom.
but they discovered a disc greeable |
odor from the sink and moved to an
other room, leaving some wearing APP
parel and pistol in the bureau
Robbery and revenge might have |
have been motives for the burglars. II
They were young. active. slight men.
Continued on page 81