New-York tribune., 1901-07-19

OF the press He said that while It the right
Of the newspaper men to report everything that
actually occurred In the courtroom, they shouo
not comment the force and weight OF the evi-
dence o. characterize it as to create any I'M
preston on the minds of the jurors If they should
read the newspapers. He also pointed out the
action for contempt OF court II his warn
ing not needed
PROSECUTIONS THEORY OF THE CASE.
District Attorney Hammond began the opening
address for the prosecution with the statement
that the Jurors should not expect strange or SEN
sational evidence. but plain facts He told the
jurors that they should consider the charge as
mansiaughter for the did not have the ee-
ments which constitute murder. IF the girl was
killed through angry carelessness on the part OF
her brother In the excitement OF family quar-
rel. he is guilty. said the lawyer. The govern
ment viii show. he declared, that there were no
intruders the house that night The night dress
Of Fosburgh's wife torn straight down the
front and the hem ripped. The furniture was
broken and misplaced in two rooms. The casters
on the elder Mr.. Fosburghs bed were broken
lamp was overturned and mirror and screen In
the kitchen bedroom were misplaced
The District Attorney said that the defendant
had told different story daily that he had SHOWN
nail holes for bullet holes, and that from the De-
ginning the robbery story had been found to be
full of inconsistencies. He said that 1t would be
shown that May Fosburgh was shot by the o.
fendant, and that the revolver was held less than
foot from her body. as her nightgown was burned 4
Robert had the exclusive opportunity and was T the
only one who could and did fire the od sh0' M, ee
into the question of motive as all 1t had 10 sho"
At the close of the District Attorneys address
adjournment was taken until afternoon ., IN rn tne
burgh house and grounds.
EXAMINING WITNESSES
At o'clock the presentation of evidence pegah'
Eighteen witnesses for the prosecution We're sworn
among them being little Beatrice Fosburgh, sister
of the defendant. The City Engineer, Arthur A.
Fobes the first witness. He testified to max
ing the plans of the Fosburgh house and surround,
ings, as shown on the wall of the courtroom; % ana
ner. the witnesses showing the location OF the the
second floor of the house. where the crime is al
legged 20 have been committed. Mr.. Fobes told OF
HOUSES ia the Much ms
by Mr.. Crosby in examining Mr.. Fobes as to the
reference to the piazza below. Cross examination ton
in making the plans by three other men, and that
the plans were made at the request Of Chief Of Po-
DR.. Frank A. Paddock. medical examiner for the
as ts the next M ba ana N racde c '9a n this
town for thirty-seven years and for twenty years
the death Of Miss Fosburgh he was called twice BY
telephone and arrived ct the house at 2:9O O'Clock.
were about thirty inches from the doorway which
LED INTO little dark hall On the bed IN the room
recognize, fully dressed. He then related the con-
that night in regard to the bruises their heads.
which they said had been made by sandbags He
told the story given by the defendant and the
family In regard to the alleged burglars just II
has been told many times in the last year. He
then described the position OF the furniture and the
condition OF the wound and Of the nightrobe worn
by the victim. The garment then put IN
the witness declared taken from the body at
the autopsy. Several square pieces cut from the
bottom OF the night robe were also shown. the wit
ness having used them in making tests as 10 the
distance at which powder marks from a .32-calibre
bullet, such as appeared on the garment. would be
caused
Mr.. Hibbard objected to the testimony on the
ground that the witness not expert The
court reserved its decision
6 Mr. Crosby in reply, to question from Judge
Stevens, said the revolver from which the bullet
found In the body fired had been
covered. He said the prosecution prepared to
show that the defendant had bought revolver
few days before the tragedy and had said II
this revolver which used in the shooting, and
the man who fired the revolver stood at least seven
feet from his sister when the shot fired
DR.. Paddock testified prescribing for Mrs.
Fosburgh the following afternoon. She
hysterfcal that he could not get her to tell him
anything about the shooting the alleged burglars
A few days after the family had moved from the
house he again visited the premises, discovered
that bullet had penetrated comb box the
bureau in the spare bedroom. The bullet had spent
its force and dropped into the box after passing
through side.
The court adjourned until s:15 o'clock tomorrow
morning