Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-08-01
R. s. FOSBURGH NOT GUlLTYi
Plttsfield, Mass, Murder Trial
Ended Friday Morning. y.
JuRYMEN DID NOT LEAVE SEATS
Verdict of Acquittal Ordered by
the Judge.
An Immense Crowd Rushed as One Per-
son to Shake the Hand of the smiling
Young Defendant, and 1t Was Several
Minutes Before Courtroom Was Cleared.

son to Shake the Hand of the Smiling
Young Defendant, and 1t Was Several
Minutes Before Courtroom Was Cleared.
Pittsiield, Mass, July 49, AT the
opening oil court today, in the Fos-
burgh murder trial, Judge Stevens In
s.rueted the jury to bring in verdict
OF not guilty, and this was done, ending
the trial. Tbs jurymen did not leave
their seats. Ths verdict was received
with ehouts Of applause, which the
court Immediately supp essed. Tbs
demonstration, however, was one Of the
most remarkable that has ever occurred
in a court OF Justice. Judge Stevens,
IN ordering q verdict OF aoquittal. snid /.
"Mr. Foreman and Gentlemen /: During
six days, we have listened to a painftil
recital Of one of the saddest tragedies
ever presented to a jury. A beautiful
girl, just budding into womapbood, was,
shot down, and her brother has been
accused of the crime. The government
has erdsavored to prove that the pirl
was not shot by burglars; it has en-
deavored to exclude all other member
Of the family from the affair, and tried
to prove that the shot was fred By her
brother, Robert Stewart Fosburgh. The
trial has proceeded somewhat in the
form of an inquest, and has been tried
with great pain on the part of tho
government and defence. There fa4
been desire to obtain proof, and SO
great deal OF evidence has been intro
duced and admitted without objection
which might have been excluded under
the strict rule of the law. | think L
ought also to say to you that it is due
to the chief of police, who has stood
behind this prosecution. that In the
view of the court he has tried to do his
duty with a single eye to ascertain
ing the truth. Now, Mr.. Foreman and
Gentlemen, motion has been made
thai this case be taken from the Jury;
and it becomes my duty to say to you
that in tho opinion Of the court the
government has not furnished proof
sufficient to sustain a verdict Of guilty
against the defendant, and, therefore.
under the direction Of the court, id the
Indictment of Robert Stewart Fosbuteh
for killing his sister, you will return
a verdict Of not guilty. !.
The crowd in the courtroom, which
included hundreds of friends of the dis,
PENDANT, broke into loud gppause,
which the judge Immediately auelIed
by sternly raising his finger ard com.
manding the sheriff to see that that
demonstration was not repeated. Robert |
Stewart Fosburgh, the defendant, was
ordered to stand while the foreman on
the Jury was asked what is your yer.
dict?" The reply WAS mot guilty,p
Judge Stevens, in few words, ex-
pressed his thanks TO the jurymef for
their careful consideration of the case
during its presentation TO them. Next.
Fosburgh was discharged from custody,
and the court was adjourned. The great
crowd then flushed as one person to
shake the hand Of the smiling young
man, and it was several minutes before
the courtroom was cleared.
The Fosburgh family were given, an
opportunity to leave the courtroom in
advance OF the rest Of the people, and |
they passed down private stairway.
they proceeded at once to the Wendell
House, where a reception was held, and
hundreds Of people took advantage Of
the opportunity to shake hands with |
young Fosburgh. WIFI
AS soon as the jury were dism Used. /
the foreman called them together in his
private room, ard 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
10 minutes, even had they not been In,
structed by the court Their general
impression was that the trial was n
very fair one. but that the government
had acquitted the defendant with Its |
own testimony. They acknowledge that
they would have paid no attention to |
the exhibits in the case. N
While Judge Stevens was speaking rs
the Jury. the members of the Fosburgh |
family, realizing what his remarks
meant to them, burst into tears, while |
the defendant sat with buried head, the
tears coursing down his cheeks. The
wife of the defendant was the only
member of the family not in the court
room, and it was said that she re-
manned at the hotel because Of illness.
From the courtroom, 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 huH.
bands acquittal SO strengthened her
that she arose and, throwing her arms
about his neck, exclaimed: THANK |
Gcd. Thank God." Mr.. Fosburxh |
spent some time with his wits, and |
then went to the lobby of the hotel |
where for an hour he received the ex- |
preston of good will of his friends.
When District Attorney Hammond, 1
who was the prosecutor in the trial, 4
was asked to make statement, he said |
he thought it would be improper for
him to say anything at this time. ex- il
cept that from the evidence submitted |
the court was fully justified in taking |
ha II ~
however. that Chief OF Police Niqhol- |
sun was fully warranted in making the |
Inves tigation that he did. ss
One of the features of the brief SEES. |
sion of court this morning was the |
announcement to the newspapermen by |
Chief of Police John Nicholson that 4
the affidavit which had been sent to him |
yesterday by Chief Titus of New York |
had arrived in Pittsfied This morning A
by registered letter, but that he had |
refused to accept 1T, and IL would be |
returned to New York. In explanation |
of this action, Chief Nicholson declared |
that he felt he bad not been treated |
propsily by Chief Titus. He'eaid ssh |
the New York police want to send any
thing to me, they know how to do it |
properly, without notifying me by wire
"a hours before, and then giving it out |
themselves to the newspapers. F" The
affidavit in question was made IN New
York by woman named Handy side or |
Gray. 1t was to the effect that Lewis
Gray, with whom she had lived, had told |
her on August 2let last that he and a
fellow named Foy did tricKn at a
house in Pittsfield. and had shot some |
one. "a |
Died In His Oflce. |
Ra1tisaora MI fall. =, |