The Providence news. (Providence [R.I.]) 1891-1906, 1901-07-22


cution is considered TO have established
thus far are First, that the bullet which
killed May Fosourg was fired from re-
volver of the same calIbre as one owned
by her brother, the defendant; secondly,
that the defendant bought cartridges to
fit such revolver sometime before the
tragedy; thirdly, that certain statements
made by the accused after his sister was
killed, as to how she was shot. conflict
with tests made by experts as TO the
wound and the direction OF the bullet
The three witnesses, who. II the states
plan Is carried out today, will be called
are James and Beatrice Fosburg, the
young brother anu sister OF the DEFEND
ant, and Chief OF Police John Nicholson
OF Pittsheld. The two members of the
Fosburg family, IL was expected, would
be called up for evidence 10 be set In con-
trast with the story told by Robert Fos-
burg concerning the presence of burglars
In the house at the time May was shot,
and that Chief Nicholson would describe
in detail the formulation OF the entire
case against the defendant as from the
first, he has been the head and front OF
the prosecution.
NICHoLsoN's THEORY.
IL was he who led the investigation up
on the theory that there were no pur-
glars in the house, and II was he who
first accused the brother of having shot
his sister. The chain OF circumstances
which the government lis endeaVorlng 10
weave around the defendant Is believed
TO still lack the one important linz to di-
rectly connect the case with him. that Is
that no evidence has as yet been pre-
sented TO indicate that IL was his revolver
with which the shooting was done.
The court room today presented de-
cidedly picturesque scene and resembled
society drama more than 1t did man
slaughter trial. A large number OF men
and women prominent in local society
were present. and several new faces were
seen beside the reporters table.
NEW FACES AT THE TRIAL.
The new arrivals for the most part were
female correspondents for New York
newspapers, most of whom were as
signed to the case because OF the social
prominence of the late Miss Fosburg and
her family. The most prominent visitor at
the session and one who occupied place
of honor on the bench beside Judge Ste
vens. was former United States Supreme
Court Justice Roger A Pryor. OF New
York
The Fosbur family arrived In court
early. Mrs Fosburg was dressed In
mourning. The proceedings were re-
sumed at s:l5 o'clock The hrst witness
OF the day was Arthur A. Folzs. local
civil engineer who continued his testi-
mony under the direct examination of
Lawyer Crosby with reference to the
measurements and positions OF furniture
In the so-caled kitchen bedroom at the
Fosburg residence on the night OF the
tragedy
Mr.. Forbes testimony was directed to-
wards establishing the probable source
OF the bullet which was fired into the
bureau.
The next witness Nelson J. Hall OF
Pittsfeld told OF his visit to the Fos-
btrg house at o'clock on the morning
following the shooting. He found a
pair of black half hose on the grass near
the edge OF the road. Further on he
piclked up a single sock. The half hose
were identified in court as the ones he
found
THE tracks of bare feet were also noted
In the road They were about 10 inches
long and quite broad They disappeared
nj a bend i'm the road further on. The
finding Of a pair OF trousers and of the
pillow case which Is said 10 have been
used as n mask by one OF the burglars
was then given by those who picked them
up. and the articles were shown and
Identified.
INSPECTED THE PILLOW CASE.
Judge stevens asked 90 examine the
pillow cases. The spectators watched
with interest as the court took the torn
white bag. shook II out and turned ~
about I'm course Of his inspection. At
one time ne held it up as n he were about
10 pull ~ on over his head. hut he did
not do so. to the apparent disappointment
OF some OF the observers.
There was another disappointment when
LAWYER Crosby asked that Harold w.
Hopkins. who occupied The witness EtHHu
az the time. should try on the pillow case
TO sec n n possibly could have been used
as mask and Judge Stevens declared
that such a step would be unnecessary az
that point
The Judge apparently satisfied himself