The sun., 1901-07-24
NICHOLSON TESTIFIES.
Police Chief a Leading Witness at the
FOsburg Trial.
REPORTERS ARE EXCLUDED.
Judge Causes Sensation by Barring
Ont New York Correspondents For
Stories Printed Concerning
the Famous Cnsc.

an address to the correspondents OF
| three New York newspapers ordered
them excluded from the courtroom on
the ground that their articles concern
ing the Fospurg case had tendency to
interfere with justice. The judge de-
rlned to take more severe steps in the
matter, as the publishers of the news
papers were outside Of his jurisdiction
and the identity of the writer's was not
known to him.
Judge Steyens in referring to the ac-
tion Of the three newspapers said in
substance that his attention had been
allied to the publication of an article
nlrporting to be description of
visit of the FoShurg family to the bur
al place of Miss May Foshurg on Sun
| lay last which appeared in three New
York newspapers. and which described
incidents alleged to have occurred at
| the grave.
There could be no more outrageous
breach of propriety," said the judge,
"and nothing 50 calculated TO prejudice
the minds of the Jury and the public
and defeat the ends OF Justice. The
publishers of these newspapers are
outside the commonwealth ana there
fore outside of my jurisdiction. but if
proof We're given me of the identity
II the writer's ! would deal with them
as the action deserves. II is my priv
ilege and my duty to exclude the repre-
Sentatives Of these papers from the
courtroom"
Judge Stevens then requested the
sheriff TO ask the correspondents of the
three papers to leave the courtroom,
and without further action four men
ana two women left in II body.
Police Captain First witness.
Captain William G. White of the
IittStrld police was called to the stand
after the stir attending the expulsion
Of the newspaper correspondents. Mr..
crosby asked him question about the
Identity Of the single shoe found in the
l'oshurg house and then turned the
witness over to Mr. .Toyner for cross
examination.
The questions Of the attorney for the
defense seemed to disclose such lack
Of memory and mi absence Of thought
fulncSS on the part OF the officer when
he was called to the l5uSburg house
Ihat Mr. IOyner, in course Of the pro-
rredngs. asked "Hou woro then in
very thuughtlcsS mood. were YOU not -
Captain White replied that he did not
hink he was.
At tile beginning of the cross eXamin.
alton the witness said he could not re-
member who accompanied him into the
cellar of the Fosburg house when he
was making his investigations, nor
could lie recall Just what he did ut sew
rral points he said that at the time
II was told lie believed the story of the
family about tile burglars.
Captain White said that he could not
tell whether Or not amy one besides Dr.
Schniield and Robert lFesburg. the de-
fendant was present With witness
Wien Robert told the story Of tile trag-
rdy Witness did not "hst remrnl-
brt'' in what room they were when the
| defendant told the story ANA admitted
That il might have been hi the room
where the body Of May I'osburg lay.
He said Thar lie could not describe tie
furniture in the room
Some sharp aucStianing.
IN response 70 sharp questioning Cap
lain White admitted thai his attention
wilS clllrd to various articles Of over
larnod furniture by members of the
family ana lhat hc did not remember
hat he examined anything to which
M attention was not li'st called ~
| some one.
y do not recall; cannot Say," was
ill3 answer TO the question. Did yun
see any Of the matches tlal were
found IN Nh Chapmnns house,"
Policeman Daniel Flynn of I'ittshrld.
Mlla ailled Captain White in the search
| ~ Nc l'osbur@ premises. gave tcSti-
mony much the same MS that given biz
his superior, adding thai tile defendant
| denied the shoe found belonged to him.
| Nj. foShitg saying tlat there was not
q button shoe in the house.
Illc shoe WAS lry, witness said, ana
he stated that lie did not see any bro
Ken casters OH amy Of the beds
| Questions rs to whether marks found
on the roof Of the piazza llad been there
4 mouth and an attempt to introduce
some photographs Of the interior Of tho
house met with objection from the de-
felsr. which WAS sustained ~ tho
court in each instance.
chief Nicholson T.stifirs
After several other witnesses had
testified regarding minor points of wi
! dnnce l'illsiicld's chief of police Holm,
Nicholson, was called 10 tho stand His
evidence WAS expected 10 he tile most
important offered ny tile prosecution.
The chief testified in a careful, drlib-
crate ana moderately sluw manner ana
| closely held tire attention Of every per
| son ia the courtroom
The part which Chief Nicholson tool,
in the tragedy began when he reached
the FoShurg house between ! and Il
o'clock in tile morning, Aug. III III,
first persons llc met were the defend.
ant ANA his brother James. WHO al one,
told the chief about the burglars and
began to call Ills attention 10 the marks
and footprints about the place
"They pointed ont particularly" said
the witness, two footprints. ! noticed
that the heCs Of the shoes had been
pressed about one inch into tho ground
with the toes pointed toward the house
Ny notice also was called to another
mark about four feet farther north
which had the appearance of foot.
step, examined the piazza post II
had several finger marks and one hand