The sun., 1901-07-23


Mrs. Posburgh. and In compliance with her
husband He thsn noticed the old gentle
man. who was badly injured.
Ho had talked with the elder Mr. Fos-
burgh. who said he was In bed when some
thing aroused him. He sat up and saw d
, man with a lantern and "A revolver. he
! arose and grappied with the intruder he
I sicceedcd In getting good hold when he
to, he found his daughter dead and ht
son Robert on the floor. The, old man
did not say where the burglar had gone
later. the doctor attended the defendant
/ for his injuries The defendant was more
or leas injured and the doctor dressed his
| injuries. The defendant was dressed. but
! did not have collar and tie on.
After dressing Ibis injuries, he had some
talk with the defendant The defendant
had said he had heard a noise and started
| 70 ind what caused il. He had gone as
far as Mays room when he heard shot
and his sister fell back into his arms He
laid his sister on the floor and grappicd
with man who confronted him; Then some.
one hit him from behind. The defendant
had told the doctor that the only thing
! taken by the burglar was his revolver
and he showed the witness where II was
taken from. The defendant had not said
anything to the witness seout the degree
OF light or tho way In which the burglar had
gone.
The doctor had seen Beotrice and had
Q recollection Of seeing another woman
The witness had. with Dr. Paddock, laid
the body OF the girl on the bed The wit
ness thsn saw Mr. Lund and he vns sent 70
call q nurse The old gentleman had told
the witness that revolver had been iounn
under the bed He had seen the old hat In the
possession Of Officer White He had seen
the bureau and had noticed the drawer
partly opened. The bureau, he thought.
was against the wall. He had seen no
overturned lamp The elder Fosburgh
had said nothing about more than, one
burglar. No one had said anything about
the pillow oases or the vsluables 10 the
witness.
Al this point there was . recess OF five
minutes. and then DR.: Sconeld was cross
examined by Mr.. Joyner. The doctor
said the women msmbers OF the family
were In great grief The elder Mrs. Fos,
burgh had not, In his recollection, urged
that the body bs placed upon the bed.
The witness had said while IL the house
that the body would have to remain on
the loor until the arrival OF the medical
topsy. He had seen the elder Fosburgh
and saw his injureS. He had told the
Fosburgh family that he could not come
to attend the funeral Of he mother In New
York city. He had referred the family
to Dr.. Paddock. The witness had seen
oGsr iSs smS.,. Whit and d Mr. Mr. t,%x nf in addon
A striking point Of Dr. Soofelds testi-
mony was that Mrs Fosburgh the elder
had told him that burglars had attacked
her husband and murdered her daughter
Or. Paddock. In bis testimony. said that
Mrs Fosburgh. when he asked her, how
IL al happened said that she did not know
anything about II; that she started 10 got
out OF bed and knew nothing more.
Policeman Chapman, who, lived only
a short distance from the Fosburgh house.
testified that he was the first officer TO get
there Mr.. Hammond In his opening
had dwslt upon the statement OF Chapman
that young Fosburgh had asked him to
wait out of doors until the captain came.
This the State emphasized a. among the
Fosburgh and the family. Policeman
Chapman. in his evidence. swore that young
Fosburgh did so direct him TO go out OF
doors and wait
Question on cross-examination-D not
young Mr.. Fosburgh say 70 you: The
ladies are very nervous and are all un-
dressed. Perhaps you had better wait
Answer-I do not remember that no
did
The much talked Of torn nishtsown
made It's first official appearance In the case
In the testimnoy Of Mary Nash. wash
woman who testified TO receiving such
torn garment with other dirty linen from
the Fosburgh house the Thursday follow
ing the crime. Mary Nash had the dis
tinction OF being the first woman witness
who thus far has appeared in the case.
In hts testimony James Fosburgh said
he did not get in the window IN the cellar
and did not break the slat on the screen.
This he did not testify to al the inquest.
nor did ne say so to Col Whitney He
DID say to Col. Whitney that he had brushed
the mortar from a window. but this was
at the rear Of the house. The witness
said that hIs brother had at one time re-
luested that some OF his talk with Col
Whitney be kept secret,
Mr.. Fosburgh remembered there was
an article in the Springfield Union regard
without touching any vaiuables, He re-
membered meeting Mr.. Hayward. the
correspondent OF the Springfield Union.
on North street shortly after. His brother
was present at the time and said In a
rather positive manner that he did not
like the tone Of the article. He did not
hear his brother use any profane or de-
nuuchtOry lhnSuase, Du. no WV "'Nh%11I
did place hb hand on his brothers shoulder
and request him TO come away without
having trouble. His brother did NOT
threaten to knock Mr. Hayward's head
of. Mr. Fosb,rgh could not recall hav-
ing stated at the inquest that he heard
noise like table being tipped over There
we're successive and repeated heavy falls,
He could not say II sounded like a table
falling.
The witness said, so far as he knew.
he WAS the first person TO discover the bullet
hole In the bureau He identified a pho
tograph as one found by him or gwen to
him by somebody. When he telephoned
Or. scofleld he said nothing about his sister
having been shot or burglars having entered
the house. He did not telephone the police
that there had been, burglars at his house
The photograph, which was OF his sister
NAV. was identified by him as having been
found on the floor He placed i on the
bureau and while doing so saw the bullet
hole In the dresser. Then he found the
bullet in the comb case. This WAS some
time after tho autopsy. He could not say
as to the time.
He could not sey 20 whom he gave the
bullet. He did not notice the blood on
his sisters nightdress before summonlng
the doctor. He saw blood flowing from
her nostris The witness had FAINT
recollection of Miss Sheldon standing
IN the doorway Of her room as he appeared
IN MAYS room He was not positive Of
this. Mr.. fosburgh testified he had never
stated at .he inquest or to the officers that
the bureau was in its original position
when he found the bullet in the comb case.
He heard no call Of police" until he got
to Slepardson's house
Nr foyner conducted the CrosS-eNamina-