New-York tribune., 1901-07-24
feeling of his hair One of the men dressed
In dark clothes, the other in a faded brown suit
THE STATE RESTS

feeling of his hair One of the men was dressed
in dark clothes the other in faded brown suit.
THE STATE RESTS
At the conclusion of NichoIsons testimony
the courtroom was electrified by the announce
ment from District Attorney Hammond that the
Commonwealth had no further testimony TO
offer murmur Of surprise swept over the vast
courtroom, full of spectators. The attorneys
for the defence looked at one another as II they
did not understand the words of the District
Attorney They had apparently expected some
thing else
In face of the fact that the defence was taken
by surprise Judge Stevens would not permit
delay He insisted that the defence open It's
case So at 3:45 o'clock in the afternoon
Mr.. Joyner junior counsel for the oe-
fence. began his plea. He told the jury that the
State had brought a most remarkable charge
against a young man, popular among hls
friends admired by his business associates ana
beloved in the circle Of his family. He said that
Robert Stewart Fosburgh was the son OF man
prominent in business enterprises. and had peeh
reared in the public schools OF ST LOUIS. ile i
had graduated and had gone into business win
his father, and had proved himself TO De d caPd-
bic. energetic business
The firm of Robert L. Fosburgh son hau
done an extensive business. They had nol
bothered with small contracts, out hau peei
engaged in the erection OF great warehouses dl'u
factories in various parts of the country. Ihey
Pittsfield to erect a large bulldns lol
the Stanley Electric Manufacturing company.
While in the midst OF this work the terrlcle
tragedy occurred. In the Fosburgh famlly the
defence has q right TO show that a spirit Oh
greatest good feeling and affection existed ne
tween its various members. He SAID II "oulu
be shown that the relations between Robert ana
his sister those of friendship ana COM
psnonship They were not merely brother ana
sister While Robert was growing up it will be
shown that he cared FOR her and eXerted a
watchfu influence over her. which proved the
affection which he held for her.
On the day preceding the night on which May
Fosburgh killed the relations between the
various members of the Fosburgh family were
of the most affectonate kind. In the evening
the family gathered together in the parior ana
enjoyed of the peasantest evenings that
they ever experienced. Somewhere about 10
O'Clock the different members of the family re-
tired. Mrs Robert s. Foshurgh not feeling
we'll The sisters Beatrice and May. prepared
some hot lemonade and carried ii TO her. After
ward May. proud of her brother James, a stu
dent at Yale. remained with him on the lower
floor for an hour or more. Then she retired,
and so did he
MI Joyner said that the defense would show
by the testimony Of the various members Of the
family that burglars entered the house. Beatrice
saw the burglars with the pillow slips on their
heads and heard the shot which killed her sis
ter. Then Mrs. Fosburgh, senior. will take the
stand. and the story which she will give of the
homicide cannot help but convince the mind of
any reasonable person of the truth of the bur-
glar theory. 1t is the opinion Of the defence
that the burglars entered through the open win
dows in the basement. passing up through the
carriage house to the upper story of the build
ing They came downstairs and the terrible
scene which resulted in this crime was enacted.
When Mr. Joyner finished his address. the
court adjourned until 9:15 o'clock tomorrow. 1t
is expected that Beatrice Fosburgh will be the
first witness. The defence will take at least two
days 10 put in its a verdict is therefore
expected by Thursday night.
When court opened this morning Judge Stew
ems excluded the jury while he took drastic
measures against some Of the newspapers which
disregarded his warning on the opening Of the
case Three newspapers, The World The
Herald and The Journal" OF New-York, were
criticised for publishing article concerning
the visit paid by the Fosburgh family TO the
grave Of May L, Fosburgh Sunday afternoon.
All the representatives of these three papers
were at once expelled from the courtroom, and
the court ordered the Sheriff to see that
should appear during the rest of the trial to
represent these papers.
My attention has been called said Judge
Stevens. TO article appearing in these papers
on Monday which is in violation of the inJunc-
tion / gave when the case began. The article
clearly is one which was intended TO prejudice
the jury. l cannot reach the publishers Of these
pSpers. becaus~ they beyond my jurisdic-
ton 1 do know the writers OF these
tices but shall exclude the representatives
of The World The Herald and The Journal
OF New-York. from the courtroom and they
shall not be permitted to he present during the
remainder Of the trial Mr. Sheriff, you will
move all the representatives of these papers"
Judge Stevens further said that if he discov-
cred hereafter the necessary evidence he might
further punish the guilty reporters. It is said
that as there several women among the
porters who came under the ruling of the court
Judge Stevens did not wish TO exert his un-
doubted powers and commit the guilty ones to
Jail