Waterbury Democrat., 1901-07-26
FOSBURGH IS FREE.
Judge Instructed Jury to Rem der Verdict of Not Guilty.
JURY DID so ON THE SPOT.


 Leg to Stand Oa-Fosburgh Family
 In Tears While Judges Charge Was
 Being Delivered-Nicholson Gives
 Titus Rap.
 Psttsfeld, Mass, July 2G.-At the pening of court to-day in the Eos burgh trial, Judge Stevens instructed the jury to bring in a verdict or 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 Immediately suppressed The demon stration, however, was one Of the most remarkable that has ever occurred 1n a court of justice.
 Judge Stevens. in ordering to bring in a verdict of acquittal, said:
 ssMr Foreman and Gentlemen: Dur ing six days we have listened to a pain ful recital of one of the saddest trage- dies ever presented to q jury. beau tiful girl just budding into womanhood was shot down, and her brother has been accused of the crime. The gov erument has endeavored to prove that the girl was not shot by burglars; 1t has endeayored to exclude all other members of the family from the af- fair, and. third, to prove that the shot was fired by her brother, Robert $. Fosburgh.
 ..The trial has proceeded somewhat in the form of an inquest and has been tried with great pain on the part of the government and defense. There has been desire to obtain proof and as a great deal of evidence has been introduced and admitted without ob- jection which might have been ex- cluded under the strict rule of the law. I think I ought also to say to you that it is due to the chief of police who has stood behind this prosecu- ton, that in the view of the court he has tried to do his duty with single eye to ascertaining the truth. Now, MT Foreman and Gentlemen, 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 fur nished proof sufficient to sustain a yer dict of guilty against the defendant, and. therefore, under the direction of the court, in the indictment of Robert s. Fosburgh for killing his sister, you will return a verdict of not guilty"
 The 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 com manding the sheriff to see that the demonstration was not repeated
 Robert Stewart Fosburgh, the de- fendant, was then ordered to stand while the foreman of the jury was asked, What is your verdictP The reply was Not guilty"
 Tr1e1 C%ax-an, <11ar faxrv xx-or6c expressed his thanks to the jurymen for their careful consideration of the case during its presentation to them.
 Young Robert Fosburgh was then discharged from custody and the court was adjourned.
 The great crowd then rushed as one person to shake the hand of the smil- ing young man and it was several min utes before the court room was cleared.
 Immediately after this the Fosburgh family was given an opportunity to leave the court chamber in advance of the rest of the people. and they did so. passing down q private stairway. They proceeded at once to the Wendall house, where a reception was held and where hundreds of people took advan- tagc of the opportunity to shake hands with young Robert Fosburgh.
 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. verdict of not guilty within fifteen minutes even had they not been instructed by the court. Their gen eral impression was that the trial was a very fair one, but that the govern ment had acquitted the defendant with it's own testimony. They acknowledge that they would have paid no atten- ton to the exhibits in the case.
 While Judge Stevens was speaking to the jury the members of the Eos burgh family. realizing what his re- marks meant to them, burst into tears. The wife of the defendant was the only member of the family not in the court room, and 1t was said that she remained at the hotel because of ill., ness While the judge was speaking tears rolled down the defendants cheeks and he sat with bowed head. Beside him his father and mother, their handkerchiefs to their eyes, also sat with bowed heads. Behind was Beatrice and Esther, the two daugh- ters, and also Miss Sheldon. The lit tie girls, although they cried, were smiling, each holding the hand of the other. Miss Sheldon. who has been so close to the family during their or deal. was the only one of the family party who did not give way to emo fion From the court room young Fosburgh went directly to the hotel and passed quickly to his wife's room. She was Ill in bed, but the news of her husbands acquittal so strength ened her that she arose and throwing her arms about him, exclaimed: ssThank 7GodI Thank Godw MT Eos burgh spent some time with his wife and then went to the lobby of the hotel. where for an hour he received the expressions of good will and conf dence of his friends.
 The mother of the defendant passed into the room where her son was greeting his wife and there ensued an- other affecting scene. Shortly after ward she returned to the lobby of the hotel. where she received the friends who had already extended congratula- ti0ns to her son.
 One of the features of the brief ses- sion of court this morning was the an- nonncement 10 the newspaper men of Chief-of-Po John Nicholson to the effect that the afiidavits which had hcen sent to him yesterday by Chief Iitus Of New York. had arrived in pifts7eId this morning by registered letter. but that the chief had refused {o accept them and they would be re-