The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-07-23
THIRD DAY OF TRIAL
PROSECUTION OF ROBERT s. FOs-
BURGH FOR THE MURDER OF
HIS SISTER
HAD BEEN A ROUGH HOUSE,
According to DIR. SchOfield, Whether
the Girl Was Killed by One
of the Family or by
Burglar.

! OIL unelr sister May. The summons was
a sudden and startling one, delivered as it
! Was by District Attorney Hammond, who
| heretofore had taken no part in the ex-
! animation of witnesses. The young Yale
! graduate made an interesting figure on
the stand and his testimony was direct
and conclusive. 1t apparently left no
! doubt that his explanation of the reason
! why he did not know that burglars had
been in the house and killed his sister
was truthful and straightforward His
! testimony greatly increased the faith of
the defense in the ultimate acquittal of
| his brother James was extremely ner-
Vous, however, and this was noticeable
when any reference was made to the
! death of his sister or to the scanty at
| tire of the members of the family on
! the night Of the tragedy. The expected
attempt of the government to delve into
the question of family quarrels did not
naterialize, and James Fosburgh's ex-
PLANTATION of his attempt to get number
Of doctors, his return to the death cham
! Der and his ministration to his parents
created a favorable impression in the
minds of all who listened to him.
In contradiction of the testimony of a
previous government witness to the eff
! feet that he had seen James Fosburgh in
the house after the murder with his sus-
penders hanging down, young Fosburgh
swore that he had not owned a pair of
| suspenders for five years. Dramatic, how
ever, was the scene when James Fos-
burgh described his ascent of the front
stairs after he had heard terrible
shrieks, yet not knowing just what had
happened, the meeting with his sister-in-
law, who, as he said, appeared before me
in the light" She was in her night dress,
said Witress, and exclaimed n feari "Yc ur
fathers gone crazy" Today also wit
messed the production as a witness of DR..
w. w. Schofeld, the first physician to
visit the Fosburgh home after the trag
edy. Though called by the government,
his testimony was of little or no value
to the prosecution, and it apparently told
in favor of the defense The superstruct-
ure which the government today erected
over the foundation of last week cannot.
therefore, be said to be complete. 1t has
been suggested by friends of the Fosburgh
family that i'm the event of the govern
ment not making a stronger case, the de-
Tense may not put III any testimony. Even
should the witnesses for the defendant go
on the stand, it is believed that the case
will be finished by Thursday night at
the latest.
PROCEEDINGS IN DETAIL.
The prosecution at the opening of
the third day of the trial of young Fos-
burgh for manslaugnter, with the an
it's case before night. The first witness
today was Arthur Fobes, a local
civil engineer, whose testimony was
mainly concerning measurements about
the Fosburgh house and the arrangement
of the furniture.
Mr.. Fobes' testimony was technical
and of little Importance.
The next witness, Nelson J. Hall, of
this city, told of visit to the Fosburgh
house at o'clock on the morning fol-
lowing the shooting. He found a pair
of black half hose with white dots, he
said, on the grass near the edge of the
road. The half hose were well Worn on
the bottom. Further on he picked up
a single sock. the half hose was
identified in court by witness as the
ones he found.
The tracks of bare feet were also MOTTO
ed in the road They were about ten
inches long and quite broad They dis
appeared at a. bend in the road further
on.
The finding of a pair Of trousers and
of the pillow case, which is said to have
been used as a mask by one of the bur-
glars, was then given by those who picked
them up and the articles were shown
and identified
Lawyer asked that Harold w Hopkins
who occupied the witness stand at the
time, should try on the pillow case to
see if it possibly could have been used
as mask. Judge Stevens declared that
such a step would be unnecessary at that
point. The judge apparently satisfied him
self on that point by running his hand
into the torn place to see just how large
it was.
Photographs Of the piazza posts of the
Fosburgh house, smirched with the i'm
print of grimy hands were introduced
as evidence, to which the defense OBJ
jected, but was overruled.
DOCTOR WAS TOO LATE.
DR.. w. w. schofeld VINO has been
looked upon as an important witness for
the state was then called Dr. Schofield
told Of being called to the osburgh house
at 1890 a. M, and of finding two officers
on guard when he reached there at 2 a.
m. Some one said: "You are too late,
doctor, the girl is dead" Witness en-
tered the house and at once went up
stairs. On the floor he saw the body
of the girl covered with sheet and with
pillow under the head. Blood was
oozing from the mouth and from the
wound.
He examined the body and was con-
WINGED it was dead. 1t lay diagonally
across the room.
The witness said he saw two women
on the bed and the defendant standing
in a doorway. The other members of
the family were in an adjoining room.
Witness said the elder Fosburgh declar-
ed to him that he was lying in bed in
his room on his left side facing the door.
He suddenly awoke to find a man stand
ing In front of him with revolver in
one hand and a lantern in the other The
revolver was within q foot of his head
He sprang up and struck the arm which
held the revolver and then grappled with
the intruder. Suddenly he was struck
on the head and knew nothing for
few moments. When he recovered he
found his son, the defendant. had been
similarly assaulted. DR.. Schofeld de-
scribed on the head of eacn Each Of
found on the head Of each. Eacn of
the members of the family were fully
dressed at the time of the witness ar
rival, except that defendant had no col
lar or tie on
DR.. Schoheld said he was told about
the burglars revolver which had been
found under the elder Fosburgh's bed, but
he did not see it.
WOMEN IN MYSTERIES.
The women, he said, were in Mysteries,
and he sent a man to summon a nurse.
No mention was made to him of any
loss.
Police Officer Chapman gave an entirely
new bit of evidence. He stated that he
found number of matches of a different
make from those used by his family in
bedroom of his house and near the
doorstep outside, on the next morning
after the Fosburgh shooting Witness
said his wife declared there must have
been burglars in the house that night.