The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-07-23
Did Not Know Alleged Burglars Had
Entered the House and
Killed His sister.
GOVERNMENT CASE SO WEAK
THE DEFENSE MAY DECIDE NOT TO
PRESENT TESTIMONY.
May Depend on the Prosecutions Ev-
tdence 10 Acquit II. =. Fosburgh
of Killing His sister.

PrTTSFIELD, Mass, July Thames
Fosburgh was called to-day as a witness
for the prosecution i'm the trial of his
brother, Robert s. Fosburgh, for the muir
der of their sister. May Fosburgh. The
summons was sudden and startling one,
delivered as IL by District Attorney
Hammond, who heretofore had taken no
part in the examination OF witnesses. The
young Yale graduate made an interesting
figure on the stand, and his testimony was
direct and conclusive 1t apparently left no
doubt that his explanation of the reason
why he did not know burglars had been
I'm the house and killed his beautiful sister
was truthful and straightforward. His tes
timony greatly increased the faith of the
defense I'm the ultimate acquittal OF his
brother. James was slightly nervous. how
ever, and this was noticeable when any
reference was made TO the death OF his sis
ter OF to the soanty attire OF the members
of the family on the night of the tragedy.
The expected attempt OF the government TO
delve into the question OF family quarrels
did not materialize, and James Fosburghs
explanation of his attempt 10 get a num-
Der OF doctors, his return to the death
chamber and his ministrations TO his par
ents created a favorable impression in the
minds of all who listened 10 him.
In contradiction of the testimony oe
previous government witness to the effect
that he had seen James Fosburgh In the
house after the murder. with HIS suspenders
hanging dowh young Fosburkh to-day
swore he had not owned a pair OF suspen-
ders for five years. Dramatic. however, was
the scene when James Fosburgh described
his ascent of the front stairs, after he had
heard terrible shrieks." yet not knowing
Just what had happened; the meeting with
his sister-in-law. who. as he said, appeared
before me In the light" She was in her
night dress, said witness, and exclaimed In
fear. Your fathers gone crazy.
To-day also witnessed the production as
physician to visit the Fosburgh home after
the tragedy. Though called by the govern
ment. his testimony was OF little or no
value to the prosecution and IL apparently
told In favor of the defense. The super
structure which tho government to-day
erected over the foundation laid last week.
cannot. therefore. be said to be complete.
MAY NOT PERMIT TESTIMONY.
1t has been suggested by friends of the
Fosburgh family that in the event of the
government not making a stronger case. the
defense may not put in any testimony. In
an interview tonight, Lawyer H. c. JOY
ner. counsel for the defense, stated that IL
was possible at the conclusion of the pres
entation of the governments case. he would
make a motion that the court order a ver-
diet of not guilty. Ii is understood that
Miss Beatrice Fosburgh. who was TO have
been the chief witness will not be called by
the government which leaves Chief OF
Police Nicholson as the only important wit
ness yet TO be heard for the prosecution.
The cross-examination of Capt. White
will begin with the opening of to-morrow's
session 1t is possible that the prosecution
will rest tomorrow night and in the
opinion OF Attorney Joyner the trial will be
concerned. Both Mr. Joyner and James Il.
Fosburgh emphatically state that the de-
fendant will go on the stand and testify in
his own behalf in case the defense presents
any evidence.
The first witness to-day was Arthur
Fobss. a local civil engineer, whose testi-
mony was mainly concerning measurements
about the Fosburgh house and the arrange
ment OF the furniture. Mr.. Fobes's testi-
tance.
The next witness. Thomas j. Hall. of this
city. told OF visit TO the Fosburgh house
at O'CLOCK on the morning after the shoot
Ing: He found a pair OF black half-hose
with white dots. he said. on the grass near
well worn on the bottom. Further along
he picked up single sock. The half-hose
was Identified In court as the ones witness
found. The tracks of bare feet also were
noticed In the road. They were about ten
inches long and quite broad, They dis
appeared at a bend I'm the road farther
PIILOWCASE MASK.
The finding OF a pair OF trousers and of
the pillow case which is said TO have been
used as mask by one of the burglars was
then given TO those who picked them up.
and the articles were identified.
Lawyer Crosby asked that Harold w
Hopkins. who occupied the witness stand
should try on the pillow case TO see If il
could have been used as a mask Judge
Stevens declared that such step would be
unnecessary at that point. The Judge ep-
parently satisfied himself on this point by
running his hand into the torn place 20 see
Just how large IL was.
Photograph OF the. piazza posts CT the
print OF grimy hands. were Introduced o.
evidence, 20 which the defense objected
or. W. W. Schofeld. who has beer looked
upon as IN important witness Tor the state
W. then called DR. Schofeld told OF te-
inf called y the Fosburgh house at 20
oc4ock a. m, and OF finding two officers
on guard when he reached there a:
doctor the girl is dead The doctor went
upstairs. ON the floor OF the beoro,po ba
saw the body OF the girl covered with a
sheet and with a pillow under her head
5!ood was oozing from the mouth aud from
the wound. He examined the body and MAS
convinced IL was dead. II lay dlagonall--
across the room. The witness said he say
Two women on the bed and the defendant
standing In doorway. The other .aembers
OF the family We're In an adjoining room
Witness said the elder Fosburgh declared
70 him that he was lying IN bed in his room
denly awoke 20 find a man standin- in front
or him with a revolver In one hand and a
isnsern In the other The revolver was
and struck the arm which held re e
NclNer and then srappled with the intruder
L.' LSneaensy D ne was struck on the head and
ne recovered ne found his ssn' the de-
frenasni. had been similarly assaulted. Dr.
ESnoneld described the terrible wounds
which he found on the head OF each Isach