Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-07-20
TWO SENSATIONS
In the Fosburgh Murder Trial
At Pittsfe|d, Mass.
Little Beatrice Alleged to Have Said
She Saw No Burglars.
Testimony That Revolver Was Not Over 8
Inches from Girls Breast.

SLOWLY along. today, and developed but
two sensations, while from review OF
the testimony it cannot be said that
the government has made any real
progress toward demonstrating the
fact that it was Robert S. Fosburgh
who killed his sister May, Aug. 20, last,
and not one of trio of burglars as the
family claim
The government won a decided vic
tory over the defence early in the
morning session, when Judge Stevens
announced that he would permit the
offering Of evidence as to the result of
tests made by experts to show the dis
lance at which marks of powder from
revolver would be deposited upon
cloth, provided it was clearly proven
that the revolver and cartridges used
in the tests We're exactly similar in
cveryway to the one with which it is
claimed the fatal shot was fired.
These tests were made by Dr. Frank
Paddock. medical examiner of Berk-
shire county. DR.. Frank w. Draper,
medical examiner of Suffolk county,
and J. H. Whitney of the state police.
upon pieces of cloth taken from the
skirt Of tho nightdrcss worn by the
victim Of the tragedy on the night Of
Aug. 20. and upon other articles Of a
similar texture.
The first bit of testimony of sensa-
tional nature was the statement of DR..
Paddock. the first witness examined, to
the effect that little Beatrice Fosburgh
who will he a government witness, told
him that she had seen no burglars at
all. although she was behind her sister
when she fell.
The other was the emphatic state
ment of Or. Draper, the famous cX-
pert. whose testimony has aided the
prosecution in such case as the East
man trial and the Amy murder case.
that the revolver which ended the life
of Miss F'osburgh was held not more
than inches from her breast.
AS he spoke he held in his hard, with
his finger pointed at the bullet hole in
it. the discolored nightdress Of the dead
girl.
This declaration and the display of
the garment which was so closely con
nccted with the tragedy. had visible
effect upon the mother and father who
We're within 10 feet of the witness.
Every member of the family in fact,
perceptibly cringed. and lowered their
eyes in pain at the recollection Of the
tragedy.
The defendants face. usually flush
ed, grew still more so. while in the con-
trary. that of the child Beatrice grew
even paler than is its wont, and it vas
some moments before their composure
was rcCaincd.
The FoSburgh family, today, appcar-
ed in much better spirits than at any
time since the trial opened and one Of
them in discussing the reason. said
it was because they felt encouraged by
the result of the days proceedings,
claiming that the governments evil
dcnce was based on mere superstition.
The defendant is beginning to show at
times Il feeling of anxiety.
The people of Pittsfield. who from
the first have taken the greatest in
terest in the case. have crowded the
courtroom az every session. many wo-
men being included in the number.
There were a number of witnesses
who testified. today. for the govern
ment but the one from whom most was
expected by those not connected with
the case. Chief of Police John Nichol-
son. who is responsible for the indict-
ment and arrest of young Fosburgh,
said but a few words, and those were
in explanation of the testimony of a
previous witness. He will be called
again.
John +. Connors. a New York dctec-
az, ~ Il.
evidently expected much. proved a dis
appointment because he said that he
had worked on the case solely from the
point of view of the crime having been
committed by burglars and had not
connected the defendant with il in any
way.
The court adjourned over Saturday
until Monday morning and District At
torney Hammond stated afterWard
that he hoped to rest his case by Mon
day night He said the two members
of the Fosburgh family, Beatrice and
James. together with Chief Nicholson,
DIR. SchofieId. the captain of the Pitts
field police. who has worked up much
of the evidence, and possibly another
gun expert, Col. Dimond of Lowell, are
not be surprising if the goveEanent re-
quires a longer time.
Dir. Paddock, Pittsfield's medical cN-
nr1;ncr, resumed his testimony at the
opening of today's session. Lawyer
Jcyner conducting the examination. 1t
see ms doubtful if a more dramatic in
-idcnt will occur throughout the trial
than that afforded by the conditions
under which Or. Paddock has testified
IN spite of physical infirmity of a most
painful nature most OF the time. both
Turing yesterday afternoon and today:
10 stood with body bowed and at inter-
rals distorted by the pangs Of the heart
affection OF hich he is victim. His
- le face was drawn and his coiorless
Eyes frequently closed IS Raroxysms
% ssed over him. Nevertheless. he per-
;istently refused today. as on yester-
lay, to accept a chair.
In his crOss-eXa nina ton of DR.. Pad