The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-07-26


seats. The verdict was received with
shouts of applause, which the court
innm ediately suppressed. The demon
stration, however, was one of the most
remarkable that has ever occurred in
a court of justice.
Judge Stevens, in ordering a verdict
of acquittal. said:
Mr.. Foreman and Gentlemen-Dur-
ing six days we have listened to a
painful recital of one of the saddest
tragedies ever presented to jury. A
beautiful girl, just budding into wO-
manhood, was shot down, and her
brother has been accused of the crime.
The government has endeavored to
prove that the girl was not shot by
burglars; it has endeavored to exclude
all ether members of the family from
the affair, and third, to prove that the
shot was fired by her brother, Robert
S. FoSburg.
''The trial has proceeded somewhat
in the form of an inquest, and has been
tried with great pains on the part OF
the government and the defense There
has been a desire to obtain proof, and
so a great deal of evidence has been
introduced and admitted without OBJ
lection which might have been exclud-
ed under the strict rule of the law 1
think I ought also to say to you that
It is due to the chief of police, who
has stood behind this prosecution, that
in the view of the court he has tried
to do his duty with a single eye to
ascertaining the truth. Now, Mr..
Foreman and gentlemen, a motion has
been made that this case be taken
from the jury, and it becomes my duty
to say to you that in the opinion OF
the court the government has not fur
nished proof sufficient to sustain a
verdict of guilty against the defend
ant, and, therefore, under the direction
of the court in the indictment of Rob
1-e7 I - ~Er~N-
you will return a verdict of not
guilty.
The crowd in the court room, which
included hundreds of friends of the de-
fendant broke into loud applause,
which the court Immediately quened by
sterlly raising his finger and COM
manding the sheriff to see that the
demonstration was not repeated.
Robert Stewart F'osburg, the defend
ant, was then ordered to stand while
the foreman of the jury was asked:
What is your verdict?''
The reply was: Not guilty"
Judge Stevens then in a few words
expressed his thanks to the jurymen
for their careful consideration of the
case during its presentation to them
Young Robert F'osburg was then dis
charged from custody and court was
The great crowd then rushed as one
person to shake the hand of the
smiling young man, and 1t was several
minutes DeIOrc the court IOOn was
cleared
one of the features of the brief ses-
sion of court this morning was the an
nouncement to the newspaper men of
Chief of Police John Nicholson to tha
effect that the affidavit which had been
sent to him yesterday by Chief Titus
Of New York had arrived in Pittsfield
this morning by registered letter, but
that the chief had refused to accept
it. and it would be returned to New
York In explanation of this action
Chief Nicholson declared that he felt
he had not been treated right by Chief
Titus. He said
sIf the New York police want to send
anything to me they know how to do
il properly without notifying me by
wire twenty-four hours before and
then giving it out themselves to the
newspapers
grhe a.fHdavit is made by Alice Du-
gan, who says that she is a house
keeper on East Fsorty-second street.
New York. She says a girl named
Handisade. of Springfield. Mass, whc
is living with her now. told her about
three weeks ago that a man named
Lew Gray and another man visited the