The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-07-24
Great Crowds Seek AdmIttancs
to the FOsburg Trial.
Hundreds Denied Admittance
Owing to Lack of Room.
STORY OF THE DEFENSE
As Told by Their Attorney Was
the Attraction.
Makes Strong Presentation Of
the Burglar Theory.

Pittsfield, Mass, July 24.-The doors
of the court house in which the Fos-
burg manslaughter trial is proceeding
We're besieged fully an hour before the
opening of tOday's session by crowds
of spectators and owing to the crush
hundreds had to be denied admittance
so great was the interest in the address
of Mr.. Joyner, the attorney for the de-
fense. Mr.. Joyner, at the hour of ad-
journment yesterday, had just described
the scene on the morning Of the trag-
edy. when he said. Robert L. Fosburg.
who had been beaten by burglars. had
recovered consciousness and rushed to
window and screamed Murder He
resumed today by telling why the For
burgs kept firearms in the house.
Mr.. Joyner said
I'VE know and the government does
not know that it was the defendants
pistol which shot his sister," ne con-
tinued. THE. firm of r. l. Fosburg &
Co. had many men in its employ, the
pay roll amounting to some $4,000 week
ly. The men were English-speak-
ing and were paid in money at the Of
flee of the company. Mr.. Fosburg, Sr.s
would take money from the bank to the
Office in an electric car. The men knew
this and because of the risk the cniet
of police had once remarked that If any
men needed a pistol they (the Fosburgs)
did. For this reason the defendant got
one
Mr. Fosburf<, the defendant and his
wife, occupied the kitchen bed rooms
but they discovered disagreeable odor
in the sink and moved to another room
leaving some wearing apparel and @
pistol in the bureau
Robbery and revenge might have
been motives OF the burglars, MI.
Joyner declared, they were young. ac-
tive slight men, else they could have
not gotten out OF the house through the
opening left by the screen.
1.-THE defense" he said, 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 skill
ed burglars. that the stockings which
were worn and cut were drawn on over
shoes to muffie the sound OF steps; that
the tracks seen were made by the men
when they left the house and that they
intended to steal anything they could
lay hands on
isMen were seen running down Bene-
dict street after the tragedy" he said
"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 diverting suspicion from
themselves.
and easily broken and 1t was broken
he asserted, '.in the struggle in the
back room. There was only narrow
space between the bed and bureau and
the defense claims that the bureau was
twisted around during the fray"
In conclusion, Mr.. Joyner said:
THE defense will show that the fam
lily had done its utmost to bring to
Justice the men who entered the house,
and that whatever may be the theory,
Miss May was a woman without an
enemy. In her home and In her church
life she won the affection of all who
knew her She was her brothers COM
panion, her mothers idol and. to the
Younger members of the family she
was ever helpful. There was no es-
the family"
Mr.. Joyner concluded his address and
the witnesses for the defense includ-
ing neighbors, members Of the Fosburg
family and Miss Bertha Sheldon were
sworn in q group.