The Providence news. (Providence [R.I.]) 1891-1906, 1901-07-18
CONTINUED From Page onel.

Continued From Page one).
away an old revolver. an old pair OF
trousers belonging 10 Robert Fosburg,
an old pair of shoes and stockings, and
that the affair occurred on a bright
moonlight night
MAINLY A SECRET.
The governments case Is mainly a Sc
cret Ii Is known that they utterly scout
the burglary theory; that they will en-
deavor TO prove that there WAS a family
quarrel that night in the Fosburg house;
that during the quarrel young Fosburg
and his father came TO blows, and that
in the excitement the younger man dis
charged his revolver the bullet fatally
wounding his sister May. To substan-
tiate this theory the burglar theory must
be wholly disproved
Following along this line II Is believed
that the commonwealth Will attempt 10
prove the Inconsistencies I'm the alleged
burglars passing by valuables In the
spare room and taking only revolver;
an old pair or trousers and pair OF
stockings and shoes; ia the idea OF des-
perate criminals waiting until they had
entered the house before procuring
masks: the fact OF the night being dark
and the hallway In which the struggle
took place not having any windows
through which ray OF light could have
come from outside 10 enable the family
10 see and get description OF the bur-
glars; the fact that the balcony window
through which the burglars are alleged
10 have escaped, could not have been rats
ed more than ~ inches: and in the pecu-
liar circumstance OF the footprints under
the balcony pointing toward the house.
In brief, the government claims that
after the discovery OF the awful results
OF the quarrel and young Fosburg's fatal
shots. the burglary story hastily invented
and various evidences substantiating II
planted" by some member OF the fam
fly
II was ten minutes past when the
venerable crier OF the superior criminal
court for Berkshire county arose TO an
nounce the coming OF the Judge. As the
presiding official took his place the fall
tering tones OF the crier announced the
opening OF the session I'm the formula
ending with the familiar words, God
save the Commonwealth OF Massachu-
setts'
COURT ROOM CROWDED.
Before this the court room had been
filled by spectators and lawyers and
others entitled TO admission within the
yailiny reserved for counsel. The court
officers permitted no more to enter the
door than would 1ll every seat No one
remained standing. When every avail
able place had been taken the doors were
locked.
The spectators were ahead OF the prin-
cipais In the case and before Robert Fos-
burg had appeared there were traces OF
fmpatience upon many faces.
The defendant seemed TO be hardly
more than a boy as he entered the court
room accompanied by the members OF his
family and several friends, In spite OF the
fact that he is married and In the bust
ness associate OF his father. AS far a.
any sign OF concern goes. he might have
l.sa M fafs xxflat tr1.
ne faced. |
He wore neat black suit. white |
shirt and low collar and a black bow tie. |
The mother whose loyalty has marked |
this case from the beginning and the |
father. whose wealth has been used with |
out Init In obtaining evidence for the |
son, two sisters, Bertha and Beatrice and |
a younger brother Fred Fosburg were
with the accused man when ne came In |
today. But they were not so close to him /
as his wife was nor were they closer than |
his wffe's parents Mr.. and Mrs. w b. |
Sloane OF Buffalo. ~. Y. In the party al |
90 were Lawyer Seneca ~. Taylor. Rail-
road Detective Arthur Sherman OF Rhode |
Island and Miss Bertha Sheldon OF Prov
idence, who was a guest at the Fosburg
house at the time Miss Fosburg was kill
ed.
BY the time the session OF the court
was opened the heat had become very op-
pressive I'm spite OF the fact that a dozen
rotary fans had been placed at convenient
points in an endesvor 20 provide for the
comfort OF those engaged IN the trial
SELECTING THE JURY.
The defendant having pleaded 10 the in
dictment against him yesterday was
called upon 20 90 through no preliminary
today. AS soon as the session OF the court
was opened he was called upon 10 stand
urhf1 AZ |
not prove a hardship as Just half an hour
was taken up In securing the men who
are 10 decide the case
The names or the jurymen are:
Norman IL Sweet Wiliamstown. farm
or.
Esbert Yale, stockbridge, carpenter.
Michael Nevin. Jr.. Washington. farmer
Wallace Orton, wiliamstown. car
penter.
Charles Wolfe. stockbridge. BLACKSMITH
joseph Ramsey, Egremo< laborer.
John r Hilliard, North Adams. iceman |
Charles t. Platt Great harrington.
Edwin f. Barnes, West stockbrdre
miller.
Edwin L. Boardman, Sheffield. farmer.
John J. DAILY Adams tailor.
Ralston r. Little. Sheffield. farmer
Edwin r.. Barnes was appointed fore
man by the court.
STATEMENT BY THE COURT.
When the selection of the fury had |
been completed Judge Stevens delivered a |
serious address 10 the representatives OF Il
the press The Judge held that while n |
was the right of the newspaper men 10 |
report everything that actually occurred |
IN the court room they should not com |
rnent upon the force and weight of the !
evidence or characterize n IN such a wav |
n - e.
minds OF the jurors II they should read |
the newspapers.
Continuing the court said. III the at |
tention OF the court should be called 10 |
the fact that there were such publica.
tion two results might follow: First, ~
might be the duty OF the court 20 with |
draw the case from the jury: second. any |
reporter making such publication or |