Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-07-23

were shown and identified.

Lawyer Crosby asked that Haroie
W. Hopkins, who occupied the witness
stand at the time, should try on thu
pillow case and see IL it could possibl!
be used as a mask. Judge Stevens de
cIared that such a step would be un
necessary at that point. The judge ap
parently satisfied himself on this poin
by running his hand into the torn place
to see just how large it was.
Photographs of the piazza posts o
the Fosburgh house, smirched with thu
imprint Of grimy hands, were intro
duced as evidence, to which the defens'
objected but was overruled.
DR.. w. w. schoheld. who has beer
looked upon as an important witness
for the State, was then called.
Or. Schofield told of being called Il
the Fosburg house at 1:S0 O'Clock a. IN
and Of finding two officers on guart
when he reached there. at O'Clock
Some one said you are too late, doctor
the girl Is dead" Witness entered TIL
house and at once went up stairs.
On the floor of the bed room he saw
the body of the girl covered with
sheet and with a pillow under the head
Blood was oozing from the mouth ant
from the wound. He examined TIL
body and was convinced II was dead
1t lay diagonally across the room. TIT
witness said he saw two women on TIT
bed and the defendant standing in ;
doorway. The otner members OF Thu
family were in an adjoining room
Witness said the elder Fosburg deelar
ed to him that he was lying in bed II
his room on his left side facing TIL
door, He suddenly awoke to find !
man standing in front Of him with
revolver in one hand and lantern il
the other The revolver was within
foot of his head. He sprang UP ani
struck the arm which held the revolver
and then grappled with the intruder
Suddenly he was struck on the heat
and knew nothing for few moments
When he recovered he found his son
the defendant, had been similarly as
saulted. DR.. Schofield described tht
terrible wounds which he found on thu
head of each. Each of the members
of the family was fully dressed at thu
time of the witnesses arrival excep
That the defendant had on no collar MOI
tie.
DR.. Schofeld said he was told abou
the burglars revolver which had beer
found under the elder Mr.. Fosburg''
bed but he did not see it. The women
he said, were In Mysteries and he sen
q man to summon nurse. No men
II IL -, =; IS 1r.za
Police Officer George B. Chapman
gave an entirely new bit of evidence
He stated that he found number Of
matches of different make from those
used by his family, in bed room of his
house and near the doorstep outside
on the next morning after the Eos
burgh shooting. Witness said that his
wife declared that there must have beer
burglars in the house that night
Matches found in the Fosburgh house
were similar to those found by Mr.
Chapman.
The examination of James Fosburgh
a brother of the accused man, Their
began, and it was conducted by Dis
trict Attorney Hammond. The pro.
ceeding was really cross-examinatior
of the witness with reference to his
testimony before the coroner's jury
Although slightly nervous, young Eos
burgh gave his answers in deep, clear
voice with no hesitation.
Witness said he was awakened by g
terrible shrek, coming apparently from
his fathers room. He got out of bed
turned on the electric light in his room
and then rushed up the front stairs
turning on various lights as he ran
He heard several ordinations from
above and was met at the head of the
stairs by his sister-in-law, who scream
ed, your fathers gone crazy He
brushed her aside and went on to his
sister Mays room. She was lying or
the floor. The electric lights had beer
lighted. There was only one thing
that made an impression on me-" ne
said. that was the fact of my sisters
body lying on the floor. Something
had to be done, l saw, so l said: Get
towels and ammonia l did not wait
to see If this was done, but got ready
to start for doctor. | saw brother
Robert come into the room behind my
father. He was staggering and when
In the middle of the room he collapsed
and fell to the floor, mis- head resting
near my sisters, but his body in an
opposite direction"
Witness then described his trip for q
doctor He did not know his sister had
been shot or how she had been hurt
He knew she was unconscious.
Said the district attorney: you
called doctor, not knowing what the
matter was, or that there was claim
that other persons had been in the
house?"
"Yes." replied me witness; II did not
know what happened until l returned. y
Young Fosburgh said he had heard
no shots in the house that night and
therefore could not say how many shots
had been fired.