Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-07-25
A STRONG DEFENCE
Continued from page 4,

We're thrown by the family into the
basket in the carriage house.
The theory of the defence is that the
crime was not the performance of
skilled burglars: that the stockings
which were worn and cut. We're drawn
on over shoes to mufIie tho sound of
steps; that the tracks seen were made
by the men when they left tho house
anu tnat they intended to steal any
thlng they could lay their hands on.
Men were seen running down Bene-
act street, said the lawyer. after the
tragedy. and 1t is the theory of the de-
fence that they doubled on thir trail
when the posse came along and Joined
in the pursuit. thus diverting suspicion
from themselves.
The furniture in the house was cheap
and easily broken and it was broken.
SAID the lawyer. in the struggle in the
pack room. There was only narrow
space between the bed and the bureau
and the defence claims that the bureau
was twisted around during the fray.
In coclusion Lawyer JOyner said
The defence will show that the fam
lily has done its utmost to bring to
justice the men who entered the house
and that. whatever may be the theory,
Miss May was woman without an
enemy. In her home and in her church
life she won the affection of all who
knew her. She was her brothers COM
younger members of the family she
was ever helpful. There was no es-
arrangement between any member of
the family"
Mr.. Joyner concluded his address Just
before 10 O'Clock, and the witnesses for
the defence including neighbOrs mem
bers of the Fosburgh family and Miss
Bertha Sheldon. We're sworn in a group
In all nine witnesses took the oath
The first witness for the defence was
Fred s. Smith. a civil engineer. who ex-
planned. by means of plans. the terri
tory about the Fosburgh house.
Fred w. Lund. who testified for the
government and who is paymaster for
the Fosburghs was the next witness.
He stated that he was in the employ
of the Fosburgh firm on Aug. 90. 1900.
and that at the time he boarded at the
ShepardsOn house, which is $50 Fec:
from the Fosburgh house.
On the night of the shooting. he
heard the Fosburghs chatting on the
piazza. This was quite early in the
evening. He was awakened that night
by Mr.. Shepardson. Witness ran I,
the Fosburgh house and saw Robert /.
FOsburgh standing at the front door
He had his trousers on. suspenders
hanging down and his night shirt tuck
ed in the Suspenders. Witness went Il
his office. 200 yards away, to call a
doctor.
AT the office he found James Fos-
burgh trying to get the doctor The
telephone was turned over to Lund.
While this testimony was being
given. Mrs. X. 5. Fosburgh the defend
ants wife. sat with her hand on hci
husband shoulder The mother OF the
defendant sat with bowed head.
Witness said it was ,hree-qualters Of
an hour after hc returned to the house
after telephoning before he saw ~
Scofield.
4 question by Mr.. Joyncr as to what,
if anything. the elder Mr.. Fosburgh had
said TO Mr.. Lund. when he returne
to the house. provoked a discussion be
tween counsel and court.
After "A consultation lasting II min
utes. the judge announced that tn
question was excluded. The defence
took an exception.
Resuming his testimony. witness said
he did not go up stairs until Mrs. X
+. Fosburgh came down. When he die
go up he saw the body Of May Eos
burgh lying on the floor covered wit
a sheet.
Mr. Lund went on to say: Il wen
into the various rooms searching 70
ammonia but | did not find any.
went down stairs. There was no on
up stairs when | was there. While VI
stairs | noticed that the end of tn,
dresser in the kitchen bed room wa:
pulled out from the wall about on'
foot ] did not touch it
This was the first time in the tria.
that evidence was introduced tn SHOW
that the bureau was pulled away from
the wall.
When | came down stairs, Contin-
ued the witness. AL the members %
the family and DR.. Schofield We're l.
the sitting room. except the father an
mother. who were in James room.
was asked to bald fire and / wen
down to the cellar for some wool bu
| could not light the fire. The doors
into the carriage house We're open.
found the light turned on at the switch
in the cellar near the dining room win
dow. | found imprints four feet from
the balcony and foot prints in the Oh
rection of left side of the road toward
Dalton
The witness described the searci
that he made with the state officers.
telling of the dust on the cellar win
dow that had been disturbed. of the
broken mortar and of the screen under
the window. One officer remarke,
there's where they got in
Witness was asked whether he kne"
that the defendant was in Pittsfield OF
.July ). 1900. He answered that he be
lieyed that he was. This question nae
reference to the shoe which had been
found at the Fosbutgh house. This
shoe was bought in New York city
about that date. Mr. Lund said that
he saw the defendants pistol at the Of
flee on pay day. 1t was on the desk
with money. He never saw the elder
Mr.. Fosburgh with pistol. 1t was
not pitch dark. the first time he called
at the Fosburgh house and it was not
cloudy. He was shown the shoe when
had been found around the FosburSh