Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-07-27
VERDICT Of NOT GUILTY
ORDERED BY The COURT.
n RT STEWART FOSBJRG
CLEARED OF THE CHARGE OF
KILLING HIS SISTER.
THE DECISION APPLAUDED
COURT DECIDES THAT THE GOV
ERNMENT FAILED TO MAKE
OUT A CASE.

opening or court To-Day IN the oSnufsn
trial Judge Stevens instructed the jury
to bring in a verdict of not guilty and
this was done, ending the trial.
The jurymen did not leave their seats.
The verdict was received with shouts
Of applause. which the court immedi-
ately suppressed The demonstration,
however. was one of the most remark
able that has ever occurred in court
OF Justice
Judge Stevens. in ordering a verdict
of acquittal. said:
Mr.. Foreman and Gentlemen: Dur
ing six days we have listened to pain
full rectal of one of he saddest tragedies
ever presented to a jury. A beautiful
girl. just budding into womanhood, was
shot down and her brother has been
accused OF the crime. The government
has endeavored to prove that the girl
was not shot by burglars; it has en-
deavored TO exclude all other members
OF he family from the affair and third,
to prove that the shot
Was Fired by Her Brother,
Robert S. Fosburgh.
THE trial has proc sedeG somewhat
in the form of an inquest and has been
tried with great pains on the par. OF
the government and tn. dec,rse. There
has been a desire to obtain proof, and
SO a sf.nt deal of ev.d ID las been
introduced and adnt.ad without o.
lection which might have been sxclud-
ed under the strict rule of the law.
think | ought also to say to you that
it is due to the chief of police, who
has stood behind this prosecution, that
in the view of the court he has tried
to do his duty with a single eye to as
certaining the truth. Now Mr. Fore
man and gentlemen, a motion has been
made that this case be taken from the
jury and it becomes my duty to say to
you that in the opinion of the court the
government has not furnished proof
sufficient to sustain a verdict Of guilty
against the defendant, and, therefore
under the direction of the court, in the
indictment of Robert S. Fosburg for
killing his sister, you will return a
verdict of not guilty.
Tn. Crowd In the Court Room,
which included hundreds of friends of
the defendant, broke into loud applause
which the court Immediately quelled
by sternly raising his finger and conf
manding the sheriff to see that the
demonstration was not repeated.
Robert Stewart Fosburg, the defend
ant, was then ordered to stand while
the foreman of the jury was asked,
What is your verdict" The reply
was Not guilty"
Judge Stevens then, in few words,
expressed his thanks to the jurymen for
their careful consideration of the case
during its presentation to them.
Young Robert Fosburg was then dis
charged from custody and the court ad
journed.
person to shake the hand of the smiling
young man, and it was several minutes
before the court room was cleared.
One of the Features
of the brief session of court this morn
ing was the announcement to the news
paper men of Chief of Police John Mich
olson to the effect thai the affidavit
which had been sent to him yesterday
by Chief Titus, of New York, had ar
rived in Pittsfeld this morning by
registered letter. but that the chief had
refused to accept them, and they would
be returned to New York. In explana-
ton of this action, Chief Nicholson de-
clared that he felt he had not been
treated right by Chief Titus. He said:
"If the New York police want to send
anything to me they know how to do
it properly without notifying me by
wire twenty-four hours before, and then
giving it out themselves to the news
papers.
The affidavit in question was made in
New York by woman of the name OF
Handaside or Gray. 1t was to the effect
that Lewis Gray, with whom she had
lived. had told her on August 81 last
that he and a fellow named Foy did
a trick" at a house in Pittsfield, and
had shot some one.
Immediately After His Discharge
young Robert Fosburg, accompanied
by the members of his family, went 10
the Wendell house, where a reception
was held and where hundreds of people
took advantage of the opportunity 10
shake hands with the young man.
AS soon as the. jury was dismissed the
foreman called them together In his
private room and for the first time
there was a conference as to what the
Jurors believed. Without exception
they declared that they would have re-
turned a verdict OF not guilty within
fifteen minutes, even had they not been
instructed by the court. They ac-
knowledged that they would have paid
no attention to the exhibits in the case.