Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-07-19

the head with a sandbag. Fosburg was
severely injured. While the desperate
struggle with the burglars was a It's
height, according to the family, young
Fosburg, who occupied an adjoining
room with his wife. ran TO his either
assistance. He says he was struck IN
the back OF the head with a sandbag and
fell insensible. At this moment Miss
May FosbUrg appeared, and. according
to the family, was shot dead by one oil
the burglars.
Then the men escaped. leaving shoe
and a hat behind. Mrs. Fosburg, ST..
says she was slightly hurt by blow
from one of the fleeing burglars. james
Fosburg, a younger brother of the ac'
cused; Beatrice. his sister. and Miss
Sheldon claim they came upon the
scene as the burglars were GETTING
away. Every one believed the story
until Chief of Police Nichols conceived
the idea that the accused and his
father had quarrelled, and May was
killed while arying to make peace be-
tween her father and brother. The ar
rest and the indictment Of the young
man for manslaughter followed.
The case is replete with apparently
conflicting circumstances, which will d.
thoroughly canvassed by the opposing
counsel. The attitude of Judge Steven!
toward the newspapers, or as to VIVA
latitude the newspapers will be giVef
in discussing or reporting the Fos5urs
case, has been defined by him, it be
ing in effect that the newspapers vii
not be expected to do more than repor
the exact happenings in the cour
room.
District Attorney Hammond, o
Hampshire county, who was assigned
to the case in the illness Of District At
torney Gardner, Of Berkshire, explain
ed the premises from drawings OF thu
Fosburg premises in his opening fol
the State, and detailed where the oc
cupants of the house slept on the fata
night.
1--WE claim Robert 8. Fosburg kille'
his sister under circumstances yer.
blameful. If she was killed during thu
excitement of a family quarrel, he II
guilty. Our claim is that Robert hat
the exclusive opportunity, and was TIL
only one who did fire the shot tha
killed May Fosburg."
He referred to the condition Of Mrs
Robert Fosburg, whose night dress wa
badly torn, and the condition OF tn
rooms in which the furniture wa
broken and displaced. Then, with In
creasing infection, the attcrne.
shouted:
"Were father and son scrappin'
when the shot was fired? On tn
morning of the tragedy Robert Fosburi
said he saw two burglars jump from
balcony and another run down a stair
way and out. There was heavy Ge1
that morning, but not particle va
disturbed. Was that story true? Coul
it have been? Tell azcountry- boy VIII
knows the grass and dew such a stor.
and he would say: What yer giyinl
us?'
MAY Fosburg was shot with the de
fendant's 32-calibre center-fire rc
volver, the revolver being but C fev
inches from the girl. We shall sho,
her night gown as evidence Of this
On this are powder marks"
Robert Fosburg's story Of the nigh
was gone over and the attorney point
ed out alleged discrepancies.
1.-THE story of the pillow case dis
guises was false and the burglar stor,
was false" Numbered Hammond. H
spoke of bullet found in a bureau il
the house and said the direction of til
fatal bullet was such that it could no
have been fired by burglar, becaus
if it had 1t would have passed througl
the window, and there were no hole
in the window glass.
One sensational statement was mad
by District Attorney Hommand whe,
he said that after the shooting youns
Fosburg and his wife separated, he go
ing to Maine and she to Rochester
Mrs. Fosburg turned white at this.
At 11:15 the jury went to view tn
Fosburg house with attorneys for boil
sides and officers. They were gon
over an hour.
Continued on Sixth faEe.