The Washington times., 1901-07-23

incapable OF replying 10 IN any
other way save in rumbles and whispers.
They testified to finding about 100 yards
from the Fosburgh house. at about 4
o'clock on the morning of the tragedy n
pair of striped socks. and then came
William Dunn, a member Of the Pitts
field fire department, who testified that
at the same date and at about the same
hour he found a pair of trousers and
pillow case on the road about four or five
blocks from the FosburGh house. Hill
and Hayes testified that in the dust OF
the road near where they found the socks
there were imprlnts Of bare feet-the bare
feet, apparently. Of one person.
Two more witnesses testified to being
with Dunn when the trousers We're found.
The State dwelt at some length on the
statement that those trousers, when he
found them We're hanging on the fence.
On cross-eNamination II was elected that
the trousers were not hanging on the
fence. but that one leg of them was
caught up against the board of the fence.
+. 5. Wheeler, local photographer,
then testified to having made photographs
of the Fosburgh house and of the Verand9
post on which were finger marks. After
some discussion the photographs We're ad-
miIted in evidence. After this came DR.
W. w. SCoiield on whose testimony it
was rumOred the State intended to lean
heavily.
The doctor testified that he had received
a telephone call at 1:20 o'clock in the
morning to go to the Fosburgh house
When he reached there the girl was dead.
He had a conversation with the elder
Mrs. Fosburgh. she said burglars had
tried to kill her husband. He had talked
with the elder Mr. Fosburgh, who said
he was in bed when something aroused
him. He arose and saw man with a
lantern and a revolver. lie arose and
grappled with the intruder. He succeed
ed in getting a good hold. when he was
struck from the back. After coming to
he found his daughter dead and his son
Robert on the floor.
The old man had not said where the
nt nf-
tended the defendants injuries. The de-
fendant had said he had heard a noise
and started to go in the direction whence
II came. He got as far as Mays room
when he heard a shot and his sister fell
back into his arms. He had laid her on
the floor and grappled with man who
from behind. The defendant had told the
doctor that the only thing taken by the
burglars was his revolver.
The old gentleman had told the wit
nesSeS that the revolver had been found
under the bed. The elder Fosburgh had
said nothing about more than one bur
glar.
AT this point there was a recess of five
minutes and then DIR. Scoiield was cross
examined. A striking point of DR.. SEQ
fields testimony was that Mrs. Eos
burgh the elder had told him that bur
glars had attacked her husband and mur-
dered her daughter Dr. Paddock, in his
testimony, said Mrs Fosburgh had said
she did not know anything about it, that
she started to get out of bed and knew
nothing more. Policeman Chapman testi
fled that he was the first officer to get
there, and that young Fosburgh had ask
ed him to wait out doors.
The much-talked-of torn night gown
made its appearance in the testimony of
Mary Nash, a washerwoman who tes-
titled to receiving such a torn garment
with other dirty linen from the Fosburgh
house the Thursday following the crime.
Then came State Detective Mckay, who
went over the old story that has been
told so often by other police officers with
little variation.
James Fosburgh was called as the next
witness. Witness said he did not retire
until about 1850 O'Clock, long after the
others. He was quite tired. He was
awakened by a noise in the cellar. He
had heard a noise in the cellar the Friday
night previous. He jumped out of bed
and ran and turned on the electric light
in his room and went upstairs into his
siSter-in-laws room. She was calling for
him and shrieking. Your father has gone
crazy; your father has gone crazy
He pushed her aside and ran into his
floor and the electric light was on. No
one else was in the room when he entered
it. He Strengthened the body out. think
ing May had tainted. He heard no shots.
His brother Robert came into the room
staggering, and collapsed in the centre of
the room. James ran down stairs and
put on pair of trousers and rushed back
upstairs after the keys to the office of
office and Robert had one. One of the
women gave him the key. He did not
know that his sister had been shot. He
thought his sister was merely uncon-
scious He made no enquiry, but ran to
call a doctor.
AIR. Fosburgh was still on the stand
when the hour for the midday recess came
and resumed his testimony ON the re
opening of court. Mr.. Fosburgh could
not recall having stated at the inquest
that he heard noise like table being
tipped over There were successive and
repeated heavy falls, He could not say
that it sounded like q table falling. The
witness said that. so far as he knew, he
was the first person 10 discover the bullet
hole in the bureau. He did not notice
the blood on his sisters night dress be-
fore summoning the doctor. He saw
blood flowing from her nostrils.
Mr.. Joyner conducted the cross-eXami-
nation. The witness repeated the story
told on the direct examination about the
illness of his sister-in-law and the treat
ment of other members Of the family.
Witness said when he reached his sisters
room her feet were on the sill of the door
leading to the hall All the persons in
the house were in their night .-clothes.
When he returned from calling the doctor
his father put on his clothing, upon the
advice of the witness and his mother. In
fact the witness assisted him in dress
ing This occurred IN mis- fathers room
While in his fathers room he stopped
down to pick up something. Then he saw
the revolver on the floor under his father :
bed Then he told about the hunt for
traces of the burglars When he went for
a doctor he could not say whether there
was a moon shining or whether stars were
shining.
Upon the redirect examination the wit
ness said that lamp was overturned on
the ;soor in the kitchen bedroom. and its
standard badly twisted. He understood
his mother occupied the kitchen bedroom
on the night before the shooting and his
brother the night before that. He was
still on the stand when the court ad
journed
The counsel for the prosecution said
after the adjournment of court this Gfter-
noon that they probably would be ready
TO rest their case tomorrow.