New-York tribune., 1901-07-24
STATES TESTIMONY ALL IN
CHIEF OF POLICE TESTIFIES IN THE
FOsBURGH CASE
PROMISED SENSATION DOES NOT MA
TERIALIzE-BEATRICE FosBURGH
WILL GO ON STAND
rHy TELEGRAPH TO THE TErBUsE.l

who is accused of manslaughter in causing the
death Of his sister by shooting her through the
heart on the night of August 20 of last year
IT probably will not be considered violation of
court orders TO say that the case was disap-
pointment 10 the partisans Of the governments
side Chief of Police John Nicholson, who has
been the central figure in the prosecution since
the beginning, told his story to-day 1t was de-
void Of anything in the nature of a sensation
1t had been expected by many people, includ-
ing even the friends of the prisoner and MS
counsel that some fact facts of a startling
nature might have been concealed beneath the
reticence OF the officials who have had in hand
the prosecution OF this remarkable case Moth
ing to justify this opinion came out in the tes-
tinonv Of Chief Nicholson to-day. II may be
said that the newspapers of New-York and Bos-
ton have already printed nearly every detail
which Chief Nicholson referred to in his tes-
timony to-day.
This was not owing to any fiuency on the par
Of the officials engaged in investigating the case
Indeed they were all affected by dumbness. but
the newspapers must get the credit for lnoe-
r,endent investigation which ended in laying be-
fore the public months ago, practically the whole
case which Chief Nicholson and the rest OF the
witnesses for the prosecution have stated 10 the
surv in the course of nearly weeks trial.
Nicholson when called TO the stand told his
story in a clear straightforward manner lie
IS an official noted for his cooness and lhdlNiou-
aIity. He has strong opinions. but is a4erl ac-
tive and untiring in the investigation OF the
cases which have come within his Jurlsolctioh.
He has record for the unravelltng OF dlfhcult
crimes which even his rivals acknowledge, OF
the first order. Above ALL by no one in Pitts
aeld where almost the entire town regard him
as model man in every respect, is his Neraclty
impeached. He is considered a fair witness IN
every case in which he is called upon to TESTIFY
for the people.
Nicholson began by telling the jury IN re-
eponse 10 questions by District Attorney Ham
rnond that he had been chief of police OF Pitts
fled for about twelve years He had oeen aP-
pointed TO ,hat place by Charles T. Hlpoaru,
then Mayor of Pitrsfeld but now senior couheel
FOR the defence He said that the morning OF
August 20. at about o'clock. he was aroused
from sleep by summons from the police sta
tjon which informed him of the tragedy at the
Fosburgh house when he hurried TO the ponce
station and caused the fire alarm TO be sounded
He did not go at once 70 the scene. 1t was
somewhere about < or o'clock.
WHAT CHIEF NICHOLSON SAW.
Chief Nicholson said that when he first went
% the Fosb11rgh house officer Chapman was
on dutv there Before entering the house the
witness met the defendant and his brother
LINES The three men had some conversation
regarding the footprints in the ground ana 'le
marks on the post. His attention was aiso
called by one Of the young men TO marks on the
ba;oon., railing AS TO the footprints in the
ground. the heels were pressed down apouu an
,ncb lower than the toes. The toes were pointed
toward the house TIE hall of the shoe was
presented quite plainly The footprints were
about two feet from tie underpin-tng' that Is
the heel was The foctGrint wos that or an
ordinary shoe. He also saw otaer footprints
his attention being called To them These We're
2 little further TO the north They may nave
feen made with shoe. AT least - appeared as
II some person had stepped on tne srouho az
This point These were about four feet from ne
other footprints. The porch culGmEs ana oeI-
cony railing were also examined at this time
The post had several finger marks, and one DIS
th,,mb and fomr fingers He found no ether
marks except those on the post tfiai I'lorh.pg'
The paint the piazza post ana raiiirg WaS
wet. He could not state how long they nae pe+h ,s
7ainted The story told 10 the Cn:ef of Police,
as testified by the latter, was as f"ll"we:
STORY TOLD THE CHIEF.
Robert was first aroused by hiE wife who
stated she had heard some strange noises. He
endeavored TO explain TO her that it must be the
cat or some rats. and then he again went to
sleep. Shortly after he aroused by some
loud cries He arose from bed and rushed into
his sisters room. He lights. and was of
the opinion that the house was on fire He
started for Miss Shelcon's room for the pur-
pose Of getting a bucket Of water, and had just
reached the door when his sister fell hack into
his arms He saw a in the doorway of the
kitchen bedroom, and after placing his sister
on the floor. he rushed across the hallway and
grappled with the burglar Up to this time the
defendant believed his sister had been pushed
and had fallen. having had no intimation that
she had been shot He did not his sister
until she fell back into his arms. After graphing
with the burglar the defendant threw him TO
the ground, and was getting the best of him
when he received blow the neck. This
blow struck by a other than the one
with whom he had been tussling-
The defendant compelled to loosen his
hold. while the man he first grappled with
escaped through the back stairway. The second
burglar escaped through a window in the
kitchen bedroom. did a third man. who
rushed hastily through the room. There was
nothing said by the defendant to Chief NchoI-
up 10 this time about any shooting in the
kitchen bedroom He had said two shots were
fired, and that one must have been in the back
hall, which runs from the bathroom 10 the
closet. The defendant said a shot had been
fired into the wall Of the hall, but examina-
tiOn showed this TO be incorrect. A piece Of
the wood was cut away at the point where II
las supposed the bullet had lodged, but none
was found. There further talk Of shoot
ing at that time.
CONDITION OF THE ROOM
The defendant spoke Of diamond sunburst
which a trunk tray which was in the
kitchen bedroom. 1t in plain sight Of
person entering this room. On the bureau there
were also some other little articles of jewelry
Including a gold chain and stickpins
Chief Nicholson could not state whether there
a trunk in the room at the time or not
The defendant did speak OF any jewelry on
the bureau. He did state that revolver had
been taken from under some clothing in the top
drawer Of the bureau.
The revolver not described 10 the witness
at that time. The defendant stated to the wit
ness that no Diamond brand matches were ever
used in the house There some found In
the defendants two three after