The Providence news. (Providence [R.I.]) 1891-1906, 1901-07-24

There was distinct feeling today that,
though the prosecutions case has closed.
the district attorney is prepared to elicit
much important evidence when the wit
nesses for the defence fall into hts hands.
Not only is this true, as has been said,
OF the two younger Fosburg children. bat
especially of Robert the defendant who
is expected to take the stand In his own
behalf.
BIG CROWD GATHERS
The intimation induced a great crowd
to make an effort TO gain admission TO
the court room this morning and the
doors were beseiged fully an hour before
the opening of the session. Owing TO the
crush hundreds had 10 be denied admis-
sion.
Although there were rumors In plenty
that further action would be taken re-
garding the publication of matters relat-
ing to the trial. Judge Stevens had no
further remarks TO make TO the newspa-
per men when the morning session was
opened Herbert G.. Joyner, OF counsel
for the defence, resumed his preliminary
remarks 10 the jury AT the hour OF ad-
journment yesterday Mr.. Joyner was re-
laung the dramatic scene at the Fosburg
house on the morning of the tragedy.
He had told OF Robert l.. Fosburg. who
had been beaten Jy burglars recovering
from the shock and running TO the front
window and screaming murder" This
morning Mr.. Joyner spoke OF the pistol
used by the murderers. He sal the
weapon had belonged to the defendant,
this being admitted by the government.
I'VE do not know" Mr.. Joyner said "and
the government does not know that II was
his pistol II is probable that IL was
WHY PISTOL WAS THERE.
Counsel went on TO explain the pres
ence OF the pistol I'm the house by saying
that the contracting firm OF r.. l.. Fos-
burg & Co. had many men in Its employ,
the payroll amounting TO some 5000
weekly The men were non-Englsh
speaking and were paid In money at the
office OF the company
Mr.. Fosburg. Sr.. 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 re-
marked that II any men needed a pistol
they (the Fosburgs) did. For this reason
the defendant got one. Mr.. Fosburg
teh defendant and his wife occupied the
kitchen bedroom, but they discovered a
disagreeable odor from the sink and
moved 20 another room leaving some
wearing apparel and a pistol in the bu-
reau.
Robbery and revenge might have been
motives Of the burglars. They were
young. active. slight men, else they could
not have gotten out ST the house through
the opening left by the screen. The de-
fence intended 10 show that the soiled
clothing pillow cases. etc. were thrown
by the family into the basket in the
carriage house.
THEORY OF THE DEFENCE.
The theory OF the defence is that the
crime was not the performance OF skilled
burglars; that the stockings which were
worn and cut were drawn over the shoes
to muffle the sound OF steps: that the
tracks were seen were made by the men
when they left the house and that they
intended to steal anything thev could lay
their hands on Men were seen running
down Benedict street, said the lawyer af-
ter the tragedy and II Is the theory Of the |
defence that they doubled on their trail
when the posse came along and Joined in
the pursuit. thus divertng suspicion from
themselves.
The furniture In the house was cheap
and easily broken and n was broken.
said the lawyer. I'm the struggle in the
back room. There was only narrow
space between the bed and the bureau
and the defence claims that the bureau
was twisted around during the fray
There was no estrangemcnt between
any members Of the family. Mr. Joyner
concluded his address Just before 10
o'clock and the witnesses for the de-
fence Including neighbors. members Of
the Fosburg family and Miss Bertha
Sheldon were sworn In a group.
NINE WITNESSES SWORN.
Tn all nine witnesses took the osth The
hrst witness for the defence was Fred S.
Smith. a civil engineer, who explained by