The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-07-26
Testimony of Miss Bertha sheldon, n
the Murder, Also Important.
SHE SCORED FOR THE DEFENSE
BY REPEATING WHAT BEATRICE
SAID AFTER THE SHOOTING.
All the Evidence In-Judge stevens
Asked by Counsel to Order n
Verdict of Not Guilty.

PITTsFIELD, Mass. July BIN the
| Fosburgh manslaughter case to-day, Mrs.
r. L. Fosburgh. the gray-haired mother.
went on the witness stand and told in sim
| pie words how her daughter was killed. Her
story was given with frequently uncon-
trolled emotion. Her voice failed her and
! she shed tears.
Miss Bertha Sheldon, a guest in the Fos-
burgh home on the night of the tragedy
was another important witness. BY her
testimony the defense wished TO show that
there were burglars in the house and that
they were seen by little Beatrice Fosburgh.
There was a long argument between coun~
sci over the governments objections to the
admission Of this evidence. but the court
finally allowed it to go in because what was
said was spoken in the presence OF the de-
fendant. Miss Sheldon was relating the
story Of her awakening by a piercing
scream" and declared that she opened the
door leading 10 May Fosburghs room and
cried: What is the natter Robert,
Beatrice and her father and mother were
! in the room at the time. Witness saw the
body of May upon the floor and at that
instance Beatrice replied: Burglars have
| entered the house and shot May"
| Mrs. b. f. Bullard, now of Madison, Wis,
another witness, declared that on the fatal
night about midnight she heard two men
talking loudly in front of her house and
that after they had been gone about an
hour she heard pistol shots far off
Mrs. Nellie Beverly. of East Cheshire.
who lived in Pittsheld, testified that her
husband was very sick on the night OF
Aug 90 and she claimed that he was dis
4
who had stopped running when opposite
her house. She opened the blind and told
one of the men, who was standing by
| tree. to go away.
Mrs. Fosburgh was the last witness for
the defense and Immediately after her tes-
timony was concluded the defense rested.
At the close of the session Judge Stevens.
with the counsel for both sides, retired to
the ante-room. where Mr.. Joyner, for the
defense, made a long argument on the
question of his suggestion that the judge
order a verdict of not guilty. The result
is not known officially. but it is understood
that arguments will be made in the case
at the opening of the session tomorrow.
MISS CHAPIN'S STORY.
| The first witness of the day was Miss
Estelle Chaplin. a sister of Mrs. Shepard
1 son, whose nome IL near lndt ol tllc roS-
burghs She said she was awakened on
the night OF the tragedy by the incessant
ringing of the doorbell and she
heard mems voices crying, Murder
'Police." "HelpY" Her sister came into
the room and together they kneeed at
window and listened They heard
woman say, "she is gone" Then the wit
ness, her sister and her sisters husband
i ~
were told what had happened
| On cross-examination the witness said
she had never spoken to any of the Fos-
| night il occurred.
The next witness called was Harry S.
Plumb, one Of the Fosburgh neighbors
His testimony was on the same lines as
that of Miss Chaplin. He added that the
first time he saw Mr.. Fosburgh. sr.. he
| had on a night shirt and trousers. The
| defendant was dressed. DR.. Paddock
came TO the Fosburgh house three-guarters
/ of an hour after Dr. Schofield. The wit
| ness was certain that he noticed the foot
prints which seemed TO be those made by
| two men who had dropped down from the
/ piazza roof
| on cross-examination witness said ne
/ had introduced Mr.. Chapman 10 Mr.. Fos-
burgh. sr.. and he heard the latter ask
! Chapman TO keep outsiders from the
| house officer White appeared about that
/ tiine with a shoe and hat in his hands
Mrs. Bertha sheldon; the young woman
| shooting occurred. then went upon the
witness stand. on the night OF the shoot
/ ing she occupied the guest Chamber lead
! ing from Mays room. Witness related
! the happenings OF Sunday, both day and
/ evening. Sunday night May sang The
! Holy City and she remembered that the
members OF the family kissed one another
and hade one another good night, was
/ their custom. Shortly after midnight she
was awakened by a piercing scream and
] opened the door and asked what was the
! matter She saw May upon the floor ard
young Robert Fosburgh near his room
/ Also she saw Beatrice. Mr. Fosburgh, sr
! and his wife. She called Beatrice 10 her
and again asked what had happened.
AN IMPORTANT POINT.
District Attorney Hammond objected TO
/ the witness giving the answer Beatrice
made. The court retired with counsel TO
consider in private the admissibility OF this
evidence Judge Stevens announced that
! by agreement Of counsel the question
would De answered. and Miss Sheldon said
/ that Beatrice exclaimed: Burglars have
/ entered the house and shot May. The wit
ness said that she then returned TO her
/ room, dressed and went downstairs.
! The admission OF what Miss Beatrice
! said 10 Miss Sheldon was regarded as a vic
4 tory for the defense.
Continuing her testimony Miss Sheldon
said she sat up the rest OF the night down.
/ stairs She went away in the forenoon very
much excited and nervous. She knew she
would he in the way II she stayed The
| witness described the scene In Mays room
al some length. She saw Mrs Robert 8.
| Fosburgh bend over her husband. who was
at the side OF May on the rioor. She thought
| all the members OF the Fosburgh family
/ were very much devoted 10 each other
on cross-examination by Mr.. Crosby
+, Miss Sheldon remembered a talk at her
| home In Providence with Colonel Whitney
| and Captain Parker, Of the Providence de-
ha h. sola