Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-07-24
DEFENCE RESTS.
Continued from page ~

calculated TO prejudice the minds of
the jury and the public and defeat the
ends Of justice. the publishers OF these
newspapers are outside this common
wealth. and therefore outside OF my
jurisdiction but if proof were given
me of the identity OF the writer's
would deal with them accordingly. Ii
IL my privilege and my duty to eX-
clude the representatives of these
papers from the court room
Judge Stevens then requested the
sherin to ask the correspondents of
the three papers to leave the court
room ana without further action four
men and TWO women left in a body.
Capt. VIM. q. White of the Pittsiield
police. who had not finished his testi-
mony when court adjourned. Monday.
was called to the stand after the STIR
attending the expulsion of the news
paper correspondents Mr.. Crosby
asked nm 4 question about the identi-
~ Of the single shoe found in the Eos
burgh house ana then turned the Wit
ness over To Mr.. Jones for cross-cX-
animation.
The questions of the attorney for the
defense seemed To disclose such n lack
of memory and in absence of thought
fulneSS on the part of the officer when
he was called To the Fosburgh house
that MIR. Joiner asked you were there
in a very thoughtless mood. were you
not"
capt. White replied that he did not
think ne was.
At the beginning Of the cross-c2ami-
~ A-it, yni Nm. ,,IlIl nnt
remember who accompanied him into
the cellar Of the Fosburgh house when
he WAS making his Investigations. nor
could he recall just what he did At the
several points. He said that at the
time it was told he believed the story
o. the family about the burglar.
capt. White said that he could not
tell Whcthe: OF rot any one besides
Dr Schotield and Robert Fosburgh. the
defendant. were present when Robert
told the story of the tragedy. Witness
did not remember" in what room they
We're when the defendant told the story
and admitted that 1t might have been
in the room where the body of May
Fosburgh lay He said that he could
not describe the furniture in the room.
Lawyer Joiner spent much time IN
questioning the witness about the fur
niture in the Kitchen bedroom. par
ti,ularIy as To pieces in addition to
those previously described by N" wit
ness as having been there. Witness
was not positive that there We're not
additional articles.
In response to sharp Questioning
cant. White admitted that his atten-
ton vas called To various articles ar
overturned furniture by members Of
the family ana that he did not r"m"m-
Der that he examined anything to
which his attention was not first called
by some one.
Il did not give it a thought, said
the Police captain. when Mr.. Joiner
asked how h accounted for the pres
.nce OF the single shoe found on the
stairs. 1t was al this point that the
LAWYER asked the question A. I" me
thoughtless mood Of the officer
HI do not recall: | cannot say. was
ti,. answer to the question. Did you
ser any Of the matches that We're found
III Nh. Chapmans house?
officer Daniel Flynn was then called
nd sworn. He IS the man vino found
tt'' N'NSlr Stl'' H'''' w o.
arrived ~ th' f"S"u' <" MUS
AIDED capt NHi'e i' '''' Se'' '" ~ l'''
premises MS ''S''''''uH ~ '''"' Il ''''
- no as that gwen ny NV P''' '''''
witness.
pN,tpr Flynn said he met the defend
ant on the front stairs and Went up
with him The officers Wer" then in
troducrd to the elder Mi. Fu>buiI, who
announccd that burglars had been in
the housr. Witness related the story as
tcld hy thu. defendant ana his father
ab ut the encounter with burglars. Ill
Nulcing nothing new He next testified
~ ID finding the shoe at the top If the
.tairway Ill bundle ~ clothes. ami
identified tie shoe which was placed
in evidence lie declared the defendant
denied the shoe belonged to him. Mr..
'oshurgh saying there was not Il but
ton shoe i'm the housn.
The she" vas dry. Witnt - did not
see any broken castoIS on any of the
| heGS. but saw the brown hat and large
| revolver which had been found.
/ officer Flynn w; asked whether the
marks found by him and capt. White
ION the IoCf Of tie piazza had been there
| " laonth. but Mr.. Joyner objected to
| the question ana the objection was
/ sustained 10y The court The court ais"