The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-07-23
Doctor Tells of Bloody Scene
Of Tragedy.
BROTHER ON The STAND
Describes Defendants COL
IapSIng in Death Chamber


came To-Day TO the opening of the third
, days session OF the trial OF young Eos
burg for manslaughter with the an
nouncenent that it hoped to complete its
case before night.
The first witness called today was Ar
thur a. Fobes. local civil engineer,
whose testimony was mainly about meas
uremenSs about the Fosburgh home and
the arrangement of furniture.
Mr.. FObes' testimony was technical and
of little Importance. The next witness
called was Nelson J. Hall of this city
VINO told OF a visit to the Fosburgh
house at o'clock nthe morning follow
ing the shooting. He found a pair Of
black half hose with dots, ne said, on
the grass near the edge of the road. The
hose were identified in court by the wit
nes sas the ones he found.
The tracks OF bare feet were also no
ticed in the road They were about ten
inches long and quite broad. They dis
appeared in a bend in the road further on
The finding of q pair or trousers and a
pillow case which is said to have been
]
/ was then gwen by those who picked them
up and the articles were shown and
/ iden1ahed-
! Lawyer Crosby asked that Harold W.
! Hopkins, Who occupied the witness stand
at the time, should try on the pillow
I case to see If 1t possibly could nave been
used as a mask. udge Stevens declared
! that such step would be unnecessary
at that point. The udge apparently sat
/ fsfied himself on the point by running
hand into the torn place TO see how large
! it was Photographs Of the piazza post
Of the Fosburgh house. smirched with
the imprint of grimy hands were intro
! duced as evidence, to which the defense
I objected, but was overruled-
I Dr. w. w. ScOfeld, who has been
/ looked upon as an important witness for
the state, was then called. DR.. Scodeld
/ told of being called TO the Fosburgh
/ house at 1:3o o'clock a. N. and finding
F.! two officers on guard when he reached
Their at2 a. N Someone said: You are
90 late, doctor, the girl is dead Wit
nesses etnered the house and at once
went upstairs. On the floor Of the bed
room he saw The body of a girl covered
with sheet and pillow under the head.
Blood was oozing from the mouth and
from the wound. He examined the body
and was Convinced it was dead. 1t lay
diagonally across the room,
The witness said he saw two women
on the bed and the defendant standing in
the doorway. The other members Of the
family were in an adjoining room. Wit
ness said that Elder Fosburgh declared
to him that he was lying in bed in his
room on his left side facing the door.
He suddenly awOke TO find man stand
ing in front Of him with z. revolver In one
hand and a lantern in 10 other. The
revolver was within q foot Of his head.
He sprung up and struck the arm which
held the revolver and then grappled with
the intruder. Suddenly he was struck
on the head and knew nothing for few
moments. When he recovered he found
his son, the defendant, had been similar !
" assaulted. DR.. Scofeld described the |
wounds which he found on the head of /
each. Each Of the members Of the family |
were fully dressed at the time of the |
witness arrival, except that the defend |
ant had on no collar or tie Dr. Scofeld |
said that he was tod about the burglars |
revolver, which had been found under |
the elder Mr. ITO 5uvsh bed, but did /
not see il. the voIuoa. he said, were in /
Mysteries and he ar-t man to sunEnon.
nurse. No mention WAS mace TO him |
of any loss.
Police Ofcer George B. scha3maa gave
an entire new bit Of evldeacc. Ile said |
that he found 8 number OF matches OF a |
make from those used by his family in /
bed room Of his house and near the
doorstep outside On the next morning !
after the Fosburgh shooting. Witness
said that his wife declared there must
have been burglars IN the house that
night. Matches found in the FosbUrgh
house We're similar to those found by Ar
Sohapman.
The examination OF James Fosburgh, a
brother Of the accused man, then began
and It was conduct ',r District Attor-
ney Hammond. The eediug vas real
~ a cross examination CT the witness in
reference to his testimony before the cor
oner's jury. Witness said he was waken-
ed by a terrible shrek, coming apparent
~ from his fathers room. He rushed up
the front steps, turning on the various
ran. lie was met at the head Of the 1
stairs by his sisterinlaw. who screamed:
your fathers gone crazy he brushed
her aside and went on 10 his sister Nays
room. She was lying o nthe floor. The
electric lights had been lighted. There
was only one thing that made an i'm
preston on me- he said THAT was the
fact "a my sisters body lying on the
floor" Something had TO be done. saw.
SO 7 said: Get towels and ammonia
I did not wait to see II this was done.
but got ready 70 start for a doctor.
saw brother Robert come into the room
behind my father. He was staggering
and when in the middle OF the room col
lapsed snd zen on the foor his head
resting near my sisters but his body in
an opposite direction. Witness then de-
cribed his trip for a doctor. lie did net
know at his sister had been shot until
he returned. Young Fosburgh said that
he heard no shots in the house that night
ard, therefore, could NOT see how aay
shots had beer fired
When the examination Of the witnesses
was resumed after recess the questions
were along The me OF the attitude OF rha
young man towards the state police and /
the newspapers men who had published
stories about the alleged Inconsistencies
in the story tol6 by the Fosbureh fam
ily. lie replied that he Thought the Gam
ly should not have been bothered rs they
were.
With reference TO the ewelry alleged 10
have been left by the burglars witness
sald there wer a coupl c. stick pins, but
40 watch or diamond suaburst
Ladies Present Medal 70 Queen.