Evening journal., 1901-07-23
YOUNG FOSBURG
UNDER FIRE
Brother Of Accused Man
Gives Dramatic Recital
GOOD WITNESS FOR PRISONER
DeienSe'S Counsel Nav Motion That
Court Order Verdict Of Not
Guilty

Pittsfeld. Mass, July 23.-James
Fosburg was called yesterday as
witness for the prosecution in the trial
Of his brother. Robert S. Fosburg, for
the murder Of their sister, May Eos
burg. The summons was a sudden and
startling one made as it was by Dis
trict Attorney Hammond, who hereto
fore had taken no part in the exami-
nation of witnesses. The young Yale
graduate made an interesting figure on
the stand and his testimony was direct
and conclusive. II apparently left no
doubt that his explanation of the rea-
son why he did not know that burglars
had been in the house and killed his
beautiful sister, was truthful and
straightforward His testimony great
ly increased the faith of the defence
in the ultimate acquital of his brother
James was slightly nervous however
and this was noticeabl when any refer
enc was made to the death OF his sis
ter or TO the scanty attire Of the mem
bers of the family on the night of the
tragedy. The expected attempt of the
government to delve into the question
of family quarrels did not materialize,
and James Fosburg's explanation Of
his attempt 20 get a number of doc
tors, after his return TO the death
chamber and his ministrations to his
parents, created a favorable impress
sion in the minds of all who listened
to him.
In contradiction OF the testimony OF
a previous government witness to the
effect that he had seen James Fosburg
in the house after the murder. with
his suspenders hanging down. young
Fosburg today swore that he had not
owned a pair of suspenders for FIVE
years. Dramatic, however. was the
scene when James Fosburg described
his 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. "appared before me in the
light" She was in her night dress,
said witness, and exclaimed in fear:
"Your fathers gone crazy"
Yesterday also witnessed the produc-
tion as a witness of DR.. w. W. Scho-
field, the first physician to visit the
Fosburg home after the tragedy.
Though called by the government his
testimony was of little or no value to
the prosecution and it apparently told
in favor of the defence. The super
structure which the government yester-
day rected over the foundation laid last
week cannot therefore be said to be
complete. II has been suggested by
friends OF the Fosburg family that in
the event of the government not max
ing a stronger case the defense may
not put in any testimony. Even
should the witnesses for the defendant
go on the stand it is believed that
the case will be finished by Thursday
night at the latest.
In an interview last night, Lawyer
II, c. Joyner, counsel for the defense
stated that it was possible that at the
conclusion of the presentation of the
governments case he would make {
motion that the court order a verdict
of not guilty. It is understood that
Miss Beatrice Fosburg, who was tC
have been the chief witness, will not
be called by the government. which
leaves Chief of Police Nicholson as the
only important witness yet to be heard
for the prosecution. II is possible
that the prosecution will rest tonight
and in the opinion of Attorney Joynel
the trial will be over by tomorrow a;
far as the evidence is concerned.