New-York tribune., 1901-07-20
ORDEAL FOR FOSBURGHS
SoMB SENSATIONS SPRUNG BY THE
PROSECUTION.
AssAILING THE THEORY THAT BURGLARS
KILLED MISS Observation-Disclosures AND
EXPERTS ON FIREARMS TESTIFY.
rRY TELEGRAPH TO THE rRrBuxr.l

TBY TELEGRAPH TO TRIBUHEl
Pitts1eId Mass, July 19.-Robert Stewart
Fosburgh listened all day in the big. old fash
toned city courtroom here to the testimony of
stern matter Of fact, official witnesses. whose
testimony the Commonwealth of Massachusetts,
relies TO convict the young man of one of the
most mysterious crimes ever committed in the
State. Much Of the testimony related to con-
versatons between the police officials of the city
and members of the Fosburgh family. These
conversations in the nature of statements
made by the Fosburghs giving their version Of
the manner in which May Fosburgh, the de-
fendants sister. met her death. as the members
of the family assert, at the hands of burglars.
Chief of Police J. L. Nicholson. the central figure
of the prosecution, was the stand few min
utes. He was not permitted TO go into mis- de-
tailed story That was reserved for Monday.
He was called by District-Attorney Hammond
10 Identify certain cartridges found in the Fos-
burgh house. and which were turned over TO the
firearms experts for experiment and examina-
ton BY agreement with the counsel for the de-
fence, he escaped for the time being the severe
cross-examination 70 which he will certainly
be subjected. when he has finished his direct
statement Of what he learned in the course of
his investigation Of this remarkable case
To-day's witnesses included DR.. Frank K.
Paddock, who performed the autopsy on the
body; DR.. Frank ". Draper Of Boston. who is
recognized expert gunshot wounds; William
Henry Rose. firearms expert and General
Jephanus H. Whitney, of the State police. DR..
Paddock one Of the first persons to reach
the Fosburgh house after the tragedy The
prosecution brought. out the fact that the de-
fendant and his father were fully dressed, even
TO collar and necktie when he got there. The
powder marks discovered on the nightdress of
OSh Tlr All ind ed
the revolver held within five or six inches
Of the girls body when II was discharged. DR..
Draper testified that the pistol must have been
held within eight inches of the young woman's
breast when the shot was fired
The most interesting testimony was given by
Detective Whitney. who assisted Chief Nicholson
in the investigation He told of conversing with
Robert Fosburgh soon after the tragedy. The
defendant said that he was not satisfied with
the way in which Chief Nicholson was investi-
eating the affair Nicholson did not take the
family into his confidence. He offered to aid
Detective Whitney in every way, and said that
ne had a little matter which he would give the
detective If he would promise not to tell Nichol-
son about it, Whitney replied that he was work
ing with Nicholson, and would not consent TO
take up any line of investigation without con-
sulting him. To Whitney the defendant told the
story of the tragedy.
DEFENDANTS STORY OF THE SHOOTING.
He told me-" said Whitney that on the
night Of the shooting he had retired at about 10
o'clock. Some time later his wife woke him
and said she heard noise in the attic. He did
not get up then, but went to sleep more.
Later he was again awakened by his wife Fos-
burgh told her that it was only rats in the at
tic that made the noise. Once more he went to
sleep. The next he knew he awakened by
lie kuoy who
was. He jumped from the bed and started for
the rear of the house Passing through the
room of his sister May, he said, he thought all
OF a sudden that the alarm meant the house was
fire. Then he recollected that pail of water
was kept in the next room. The room was occu-
pied by Miss Bertha Sheldon, a guest from
Providence. Robert said he started to go to the
after the pail. but before he could reach
the door pistol shot rang out He turned. and
his sister May, who was directly before him, fell
into his He placed her on the floor and
after the burglar. He grappled with him in
the spare room seizing the burglar by the neck
Then he got blow the head, released his
grip and the man ran downstairs. The blow
from a second burglar. who ran to the
window and jumped out. A moment later a
third burglar appeared and made a dash for
the window. Robert said ne caught him by
the coattails. but the man got through the win
dow and then turned and fired a shot back"
Whitney testified TO finding a bullet in a bu-
reau in the spare room. The bullet had appar-
entity struck the bureau from an angle different
from what 1t would have had II been fired from
the window
This fact apparently aroused the interest Of
the police. and the testimony of Mr.. Forbes
city engineer of Pittsfeld, VINO followed Detec-
tive Whitney. dealt with this bullet hole Mr.
Forbes said that straight line drawn on the
slant as the course Of the bullet would hit
the window at little distance to the left of it,
Likewise, a line drawn to the window horizon
tally from the bullet mark would reach Il at a
height of twenty-five inches above the window
Sill The testimony is TO the effect that the
window could not be raised over fourteen inches
above the sill. Yet the glass was found by the
witness to be intact, showing that no bullet was
fired through il. The footprints found outside
The house were also described by Detective
Whitney He said they looked as If they had
been made by some pressing his feet into the
earth. and not by dropping from the balcony
above. The heels made deeper marks than the
toes, and the toes pointed toward the house. but
few inches from it, and inside line from the
coping at the balcony to the ground
PROSECUTION WINS A POINT.
While il cannot be said that the prosecution
has made any real progress toward proving
that il was Robert s. Fosburgh who killed his
sister. decided victory was won over the de-
fence early IN the morning session. when Judge
Stevens announced that he would permit the
offering OF evidence to the result of tests
made by experts to show the distance at which
marks Of powder from revolver would be de-
posted on cloth. provided it was clearly proved
that the revolver and the cartridges used in