The Providence news. (Providence [R.I.]) 1891-1906, 1901-07-23
lcontInned From pare onel.

examination the witness said he coul
not remember who accompanied him Int
the cellar OF the Fosburg house when h
was making his Investigations, nor coul
he recall just what he did at severa
points.
He said that az the time il was told HI
believed the story OF the family about TN
burglars Capt White said that he coul,
not tell whether or not any one beside
Or. Schohcid and Robert Fosburg the de
fendant, were present when Robert tol'
didn't remember IN what room thel
Were -Mhen- the defendant told the stoEE
and admitted that Il might have been IN
The room where the body OF May FosbmE
lay. He said that he could not describe
the furniture in the room.
HIS MEMORY DEFECTIVE.
Lawyer Joyner spent much time IN aues.
fioning the witness about the furniture
IN the kitchen bedroom particularly as
20 pieces la addition TO those previously
described by the witness as having been
there Witness was not positive that
tnerc were not additional articles In
response 10 sharp Questioning Capt
White admitted that his attention was
called TO various articles of overturned
furniture by members Of the family and
ne didnt remember that he examined
anything 60 which his attention was not
81 irst called by some one Il did not
give 4 2 thought INC police cap
counted for the presence Of the single
shoe found on the stairs II was al this
as 70 the thoughtess mood OF the officer.
Il do not recall; cannot say was
the answer 90 the question: Did you see
any OF the matches that were found IN
Mr.. Chapman's house2
Officer Daniel Flynn was then called
and sworn. He is the man who found
the single shoe shortly after the police
arrived az the Eosburg house He aided
Capt White in the search OF the premises
His testimony was much the same as that
given by the previous witness. officer
Flynn said he met the defendant on the
front stairs and went up with him.
THE FosBURG STORY.
The officers were then introduced TO
the elder Mr. Fosburg who announced
that burglars had been in the house.
Witness related the story as told by the
defendant and his father about the en-
counter with burglars, divulging nothing
new Tie next resrtr1ed as 10 ffudfug tine
shoe at the top of the stairway in
bundle OF clothes and identified the shoe
which was placed in evidence.
He declared the defendant denied the
shoe belonged TO him, MIR. Fosburg saying
that there was not button shoe In the
house. The shoe was dry. Witness
did not see any broken castors on any OF
the beds. but saw the brown hat and the
large revolver which had been found.
Officer Flynn was asked whether the
marks found by him and Capt. White on
the roof OF the piazza had been there a
month. but Mr.. Joyner objected TO the
question and the objection was sustained
by the court
The court also sided with the defence on
an objection 10 the admission of some
photographs OF the interior OF the house
A hat band was shown TO Officer Flynn
who said he found IL on the floor OF a
room under the one in which Miss Fos-
burg was found. Witness was then turn
ed over 10 Mr.. Joyner for cross-examna-
tion.
Witness being asked concerning the
weather conditions said that probably |
there were some stars on the night OF |
Aug. 20. but IL was quite dark. "It was a |
cloudy night" he said. "and the next day |
was bright one" The policeman said |
that he did not see the sun rise although |
he was still on duty at that time.
A short recess was taken and DR.. Henry |
M Field OF New York brother OF |
Judge Stevens. Before the witness was /
allowed TO step down he was questioned |
concerning the shoe found i'm the house
and said that there was nothing about /
the appearance OF the article TO attract |
attention more than would be given TO
any other shoe. The next few minutes
was devoted TO some minor points of evil
dence
HEAR CRIES OF POLICE
Mrs. f. T. Castle. who owned the house
an which the Fosburgs lived last August
stated that on October ] she washed all
marks on the piazza. William X. Gard
ner. assistant manager OF the Pittsheld
Electric Light company, whose home was
nearly opposite the Fosburg house, said
she head the cries of Police" about 100
O'Clock on the morning ON which NAV
Fosburg was killed. but that they came
from direction opposite the Fosburg
house. lie looked out and saw that every
thing was quiet and then went back 10
bed. He said there was an arc light quite
near the Fosburg house.
Frank J. Noble. an employe OF the Elec-
trio Light company, said that all the
lights In that vicinity were turned out at
1870 o'clock
DR.. Schofield was recalled 10 answer n
question about having n light on his car
riage. He said he had one lie was
asked n the person who called by tele-
phone had described In any way the In
Jury 10 Miss Fosburg
The doctor answered that the person
DID describe the injury 20 some extent
This question and the answer were or
dered excluded by the court.
Al this point the district ATTORNEY IN.
troduced as evidence calendar 10 show
that there was new moon on the 2ith
day OF Aug. 1900.
CHIEF OF POLICE CALLED.
AZ 1877 o'clock John Nicholson. chief
~ police OF the city OF Pittsheld and the
eadlng witness for the prosecution An !
ne case. was called 10 the stand The
shief testified IN a careful, deliberate and
moderately slow manner and held closely
he attention Of every person in the court |
-ooni during the recital OF the part he oc-
RUPEES IN the tragedy
lie began by telling of his visit 20 the !
Fofburg house between the hours Of
and o'clock on the morning OF the shoot
lng. Tic stated that the nre alarm had
been sounded and then proceeded 20 de-
scribe what happened ~ the house after
his arrival As he was entering the
rosrS-g residence he met the defendant
md Ms brother James
They told me" said the witness |
.sbout tracks and marks on the ground | 4