The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-07-25
HAVE ASTRONG CASE
OPENING FOR THE DEFENSE IN
FoSaURGH TRIAL AT PITTS
FIELD, MASS.
FATHER TAKES THE STAND
Graphic Recital by Witnesses of In
ctdents at Time of Murder
GUS Assault on May
FOsburGh

room could accommodate ana ntne-tenths
of those present were women. A number
Of sensational Incidents occurred today
the first coming after Mr.. Joiner for the
defense had concluded his presentation of
what he could prove, when Fred W. Lund
the bookkeeper and paymaster of the
Fosburgn firm, in testifying said that he
felt that some of the men who were en-
ployed by the firm were dangerous and
said he knew they carried weapons.
Another came during the testimony Of
the father of the dead girl, when he said
THAT May went in and sang several Sc
lections while Miss Sheldon played. The
last song she sang was Plains of Peace -
Inc rather had been describing the man
ner in which the family had spent the
evening Of Sunday preceding the tragedy
When he came to the reference to May s
singing her last song. tears came to his
eyes, his voice was choked and for a few
seconds he was unable to continue. Other
wise Mr.. Fosburgh's testimony was given
in clear cut and distinct voice His
narrative of the discovery of the burglars
and of his encounter with them was told
with rapid dictinctneSs. When Mr. Joiner
questioned Mr. Fosbuurgh with reference
to the meetinw with Esther at the depot
on the morning after the ragedy and as
to what was told her a refutation OF one
of the theories which have been promi-
nent in this case was made by Mr.. Fos-
burgh.
Esther inquired" he testified, what
has happened. Then Robert put his hand
on her shoulder and replied. oh, nothing
Esther only papa and I have been in a
little scrape and he got hurt
TT was We had scrape?
mo, sir" replied the witness with en-
phasis
Little Beatrice Fosbugh, called by the
government, but not used on that side of
the case, was on the stand today for the
defense and was the first one to break
into tears while telling the story of the
death of her sister, her description of her
glimpse of the intruder who killed her
sister was very dramatic.
II saw a pillow case standing in the
doorway" she said, with holes cut in 1t
for eyes. Then I saw the fash. AS my
brother rushed by me I turned on the
light and cried out Hurry up, there are
burglars in the house
Attorney Joiner, for the defense, resum-
ed his address at the opening of court
by telling why the Fosburghs kept fire
arms in the house He said:
1--WE know and the government does
not know. that it was the defendants
pistol which shot his sister. The firm of
r. L. Fosburgh & Co had many men in
it's employ, the pay roll amounting to
some $1,000 weekly. The men were non
Notwithstanding and were paid in money
at the Office of the company. Mr.. Eos
burgh ST. would take money from the
bank to the Office in an electric car. The
men knew this, and because of the RISK
the chief Of police had once remarked
that if any men needed pistol they (the
Fosburghs) did. For this reason the de-
PENDANT got one.
MIR Fosburgh, the defendant, and his
wife occupied the kitchen bedroom, but
they discovered a disagreeable odor In
the sink and moved to another room,
leaving some wearing apparel and pts-
toll in the bureau.
Robbery and revenge might have been
motives of the burglars. They were
young, active and slight men. else they
could not have gotten out Of the house
through the opening left by the screen
1.-THE defense intended to show that the
soiled clothing, pillow cases, etc, were
thrown by the family into the basket in
the carriage house.
"The theory of the defense is that the
crime was not the performance Of skilled
burglars that the stockings which were
worn and cut were drawn on over shoes
to muff1e the sound Of steps; that the
tracks seen were made by the men when
they left the house, and that they in
tended to steal anything they could lay
hands on.
Men were seen running down Benedict
street after the tragedy, and it is the
theory of the defense that they doubled
on their trail, and when the posse came
along Joined in the pursuit. thus divert
ing suspicion from themselves.
1.-The furniture in the house was cheap
and easily broken, and it was broken In
the struggle in the back room. There
was only a narrow space between the
bed and the bureau, and the defense
claims that the bureau was twisted
around during the fray.
1.-The defense will show that the family
has done its utmost to bring to justice
the men who entered the house, and
whatever may be the theory Miss May
was woman without an enemy. In her
home and in her church life she had the
affection Of all who knew her. She was
her brothers companion. her mother s
idol. and. to the younger members of the
family she was ever helpful. There was
no eStrangeInent between any members
Of the family"
Mr.. Joyner concluded his address just
before 10 o'clock and the witnesses for
the defense including neighbors menu
bers of the Fosburgh family and Miss
Bertha Sheldon were sworn in a group.
Frederick w. Lund. paymaster for the
Fosburghs, who boards at the Sheperdson
house, which is $50 feet from the Fosburgh
home. testified that on the night of the
shooting he was awakened by Mr. Shep-
erdson. who told him there was trouble
at the Fosburgh home. Witness ran there
and saw Robert L. Fosburgh from whom
he learned that May Fosburgh was in
jured.
Robert T. Fosburgh, father of the de-
PENDANT, was called
On the subject OF what has been done
to detect the burg ars, Mr. Fosburgh
spoke of employing four detectives. He
offered a reward OF $500 for the arrest
of the men, and that offer still holds He
" a n
reward
After recess Mr.. Joyner continued his
direct examination of Mr.. Fosburgh He
asked the witness If he could describe
the men who came into his room. and
Mr. Fosburgh said that they wore pillow
cases over their heads for masks and that
one Of the men was taller than the other
At this point District Attorney Ham
mond began his cross-examnation Of the
witness. In response to a question, Mr.
Fosburgh replied that the pillowcases
were pulled down over the heads of the
burglars with the corners sticking up and
that they extended over the breasts of
the men. The man who held the re-
volver had no difficulty in putting his
hand up. How long the men were in his
room he did not know; he was struck
and was dazed He did not remember
telling Schofeld that one man had Ian
tern in his right hand and a revolver in
his left. He did not remember whether
the men had hats on or not. He did not
see them take off the pillow cases. nor
did he search for the bullet holes in the
wall. In regard to when he first saw
his son, Robert H. Fosburgh he de-
clared that 1t was when he passed
through the hall and stepped into the
kitchen bedroom He had no recoTlec-
ton of hearing pistol shots either one or
ALL - q