Evening star., 1901-07-22
Trial Of Fosburgh, Charged With
Killing His Sister.
WITNESSES FOR THE PROSECUTION
What the Doctor Found When
He Reached the House.
T II E BIZ RG L r THEORY

PITTSFIELD. Mass, July 22-wth
three steps in its case against Robert s.
Fosburgh, the alleged slayer Of his sister
May, apparently well fortified the prose-
cution came today to the opening OF the
third days session Of the trial Of young
Fosburgh for manslaughter. with the an
nouncement that It hoped to complete its
case before night The plan which involv-
ed the calling Of three of the most import
ant witnesses Of the government was ex-
pected to bring the states evidence TO a
climax. and the interest OF those who have
been following the trial accordingly was
deepened. The first witness today was
Arthur A. Fobes. local civil engineer,
whose testimony was mainly concerning
measurements about the Fosburgh house
and the arrangement of furniture.
Nj Fobes' testimony was technical and
OF little Importance.
The next witness Nelson J. Hall of this
city, told of a visit to the Fosburgh house
at o'clock on the morning following the
shooting. He found pair OF black half
hose with white dots, he said, on the grass
near the edge Of the road. The half hose
were Well worn on the bottom. Further on
he picked up single sock. The half hose
were Identified in court by witness as the
ones he found
The tracks OF bare feet were also noticed
In the road. They were about ten inches
long and quite broad. They disappeared
at a bend in the road further on.
The finding of pair Of trousers and Of
the pillow case which is said to have been
used as mask by one of the burglars was
then testified to by those who picked them
up and the articles were shown and identi-
fed.
To Try on the Pillow Case.
Lawyer Crosby asked that Harold W.
Hopkins. who occupied the witness stand
af oh try
to see If it possibly could have been used
as mask. Judge Stevens declared that
such a step would be unnecessary at that
point. The Judge apparently satisfied HIM
self on this point by running his hand into
the torn place to see Just how large IL was.
photographs of the piazza posts of the
FoSburgh house, smirched with the imprint
OF grimy hands, were introduced evil
dence. to which the defense objected, but
was overruled.
DR.. w. W. Schofield. who has been looked
upon as an important witness for the state,
was then called.
DR.. Schofield told of being called to the
Fosburgh house at 1:3o a. m. and of find
ing two officers on guard when he reached
there, at o'clock. Some one said: You
are too late, doctor; the girl is dead" Wit
ness entered the house and at once went
upstairs On the floor of the bed room he
saw the body of the girl. covered with a
sheet, and with pillow under the head
Blood was oozing from the mouth and from
the wound
He examined the body and was convinced
1t was dead. 1t lay diagonally across the
room.
A Man With n Revolver.
1he witness said he saw two women on
the bed and the defendant standing in a
doorway The other members OF the fam
lily were in an adjoining room. Witness
said the elder Fosburgh declared to him
that he was lying in bed in his room n
his left side facing the door He suddery v
awoke to find a man standing in front II
him with revolver in one hand and a
lantern in the other. The revolver was
within foot of his head. He sprang up
ana struck the arm which held the re-
Volver, and then grappled with the in
truder. Suddenly he was struck on the
head and knew nothing for a few mo-
ments. When he recovered he found his
son the defendant, had been similarly as
saulted. DR. Schofield described the terri
bic wounds which he found on the head of
each. Each of the members of the family
were fully dressed at the time of the wit
ness arrival. except that the defendant
had on no collar or tie.
DR.. Schofield said that he wes tod ahout
the burglars revolver which had been
found under the elder Mr.. Fosburgh's bed
but he did not see it. The women he said
were in Mysteries, and he sent man to
summon nurse. No mention was made
to him of any loss
Police Officer George b. Chapman gave
an entirely new bit Of evidence. He stated
different make from those used by his
family In bed room OF his house and
near the door step outside on the next
morning aftep the Fosburgh shoot ting.
Witness said that his wife declared that
there must have been burglars in the house
that night. Matches found in the Fos
hurgh house were similar to those found
by Mr.. Chapman.