Waterbury Democrat., 1901-07-19
GOVERNMENT SCORES POINT {.
Court Allows Evidence Objected
 To By Defence

Sensation in Court as Dr Paddock Gave His Testimony-He Tells or
 the Many Injuries in the Fosburg Family Which He Attended to-Tells
 How Young Fosburg Objected to an
 Autopsy Being Made.
 Pittsfield, Mass, July 19-The gov ernment gained what may prove to be an important victory, although at pres ent it is conditional in the Fosburgh manslaughter trial to-day, when the court announced that evidence bearing upon the distance at which powder stains would be made upon certain fabrics by the discharge of q revolver, may be admitted if the prosecution who seeks to introduce shall show that the evidence is competent This is taken to mean that the government must show what kind of a revolver was used in the. killing of May Eos burgD, and that exactly the same kind of a pistol and ammunition is used in the tests. As the pistol alleged to have been used by Robert $. Fosburgh on the night that his sister was killed has not been found, it is thought that the state may have some difficulty in meeting the courts conditions.
 Dr Paddock, the medical examiner of Pittsield, resumed his testimony when court opened this morning. He gave in detail the scene at the Eos burgh house when he arrived there in the night of the tragedy and said that both Beatrice and young James Eos burgh had told him that they had seen no burglars and that there was no one there but the members of the family. He described the injuries alleged to have been inflicted by the burglars on the father and son. The fathers knee was injured, one rib cracked, and there were contusionS about the head. The son had a confusion on the back of the neck. The doctor made sec ond visit at S:30 in the morning while the family were at breakfast. He stated that he came for the purpose of holding an autopsy. Robert Eos burgh. the accused man, arose from tine table and objected to any autopsy being held. His father interfered and told the son to let the law take it's course.
 PITTSFIELD, Mass, July 19.-With the jury impaneled and having been talk en to the scene of the tragedy, the testi- mony of one witness concluded and that of another well under way and with the fatal bullet and the blood stained night robe of the victim offered as evidence, the governments case against Robert s. Eos burgh, the young man charged with the shooting and killing of his sister, May l.. Fosburgh, on Aug. 20, 1900, may be said to be fairly started at the close of yester- day's session.
 It was rather a dull day for all, as there was none of the sensational devel- opments in the proceedings which are ex- pected later on, and the evidence to which most of the attention was given was of purely technical character and was con fined exclusively to descriptions of the Fosburgh house and contents, references to plans of the house and its surround ings by City Engineer Arthur A. Fobes, the governments first witness, and testi- mony by the medical examiner of this district. The cross examination of the former by the defendants counsel brought out nothing of particular mo- ment
 The last witness of the day, Medica, Examiner Frank Paddock, proved little more interesting, principally because as ! result of his testimony the various arti cles mentioned were examined by the iurymen. Dr. Paddock, who is a suffer ar from heart trouble, had frequent at lacks of faintness, yet he refused tr ac- cept a chair offered by the court nd showed remarkable self control and cour- age. These attacks of illness had some effect on the nature of his testimony, causing him to forget several things which the government had hoped to bring put. As his testimony was not concluded n 4Ia of fort will be made to refresh his memory today.
 It is expected that his cross examina ton will be extremely rigid. The most in- teresting portion of the session was the description of the bullet and the 6ioody night robe. The comb box from the bu- reau in the spare room in the Fosburgh house on the night of the tragedy, and which was found on the following day to have been pierced by bullet. was ex- hibited by the government. and there the state resfpd ;Ae
 During his testimony Dr Paddock described finding the body and said the feet were about thirty inches f,om the doorway which led into little dark hall On the bed in the room was Miss Beatrice Fosburgh and woman whom he did not recognize, fully dressed. The witness then related the conversation he had wish the defendant and, ris father that night in regard to the bruis- es upon their heads. which they declar- ed had been made ly sandoags. He told the story given by the defepdant and the family in regard to the alleged burglars just as it has been told many times in the last year. Dr Paddock then testified to pFeScr bsng fo" Mrs Fosburgh on the following afternoon He said that she was so hystei icai that he coul1 not get her to tell him any thing about the shooting or the alleged burglary. A few days after the family had moved from the house with ss again visited the premises and discov- cred that bullet had penetrated comb box on the bureau in the spare bedroom. The bullet had spent it's force and dropped into the box after passing through enc side.
 It was dramatic moment whcn Dr Paddock identified the night dres