The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-11-03

to Fort Worth Texas, where he was
wanted for stealing a horse Would any
man have made such a choice, he de-
m nria,d unless uni he knew Just what 1S
lawyer demanded, have avoided a triv
ial charge in a far distant place to put
his neck in danger by coming voluntar-
lily to this city had he committed a muir
der here? In conclusion, he begged the
jury to carefully weigh the facts and
then give the prisoner the benefit of
the doubt.
Mr.. Ro1an concluded his address at
4:30 o'clock and
Judge Arnold Charged the Jury.
the various degrees of murder and man
slaughter. and read several passages
from the penal code of Pennsylvania.
He instructed the jury to direct their
thoughts to the question whether the
prisoner had committed murder, and If
SO of what degree. If the common
wealth had proved that it was wiiful,
deliberate and premeditated murder,
then he was guilty of murder in the first
degree.
"A numoer of witness have been called
and the testimony is known as circum-
stantial. Some of the most important
cases are proved by such evidence. ] do
not think | eXaggerate when [ say half
of them are decided on such evidence.
All evidence is more or less circumstan-
e ttaI i. The difference is only in the degree
After citing Illustrations of this, the
judge continued: In the case of kill
ing by poison, experience shows that
nearly all such cases are proved by cir
cumstantial evidence. Three questions
must be determined by you in this case.
First-is Pitzel dead. Second, did he die
a violent death. Third, If he did, did the
prisoner kill him or did he conmit sui
eide"
Evidence Reviewed.
The judge reviewed the evidence at
length and continuing said: Now, was
it suicide or a murder? 1t is argued
suicide. If it was so, then natural i'm
pulses would have been to notify the
police upon discovering the body. But
he says he did not do so because he
wanted to make it appear an explosion,
so as to defraud the Insurance. company.
The next step was told by Miss Yorke.
The prisoner cross-examined her him
SELF
Here the judge quoted her testimony
concerning Holmes return to the EleV-
enth street house on Sunday afternoon,
the day of the murder.
IF, upon all the evidence, you are sat
isfied Pitzel was killed by Holmes by
means of cfloroform, it is case of snur-
der in the first degree. If persuaded by
the argument OF counsel that it was sui
eide and not murder, then you must ac-
quit him.
IF after hearing this testimony you
are unable to make up your mind that
ne Is guilty, IL you feel a neSlta0cy, a
doubt, You must give him the benefit of
the doubt and acquit him. If not, you
must find him guilty oH murder in the
first degree.
IF you have any impression in your
mind Of anything read in the newspapers
or spoken in this court about cases other
than the one on trial. the murder of
BenJamin F. Pitzel, pray dismiss them
from your minds and consider the case
with the utmost care"
His Fate With the Jury.
Thus at 5:4O Holmes fate passed into
the hands Of the jury. The twelve men
We're Immediately taken to their deliber-
atlng room under the escort of a corpse
OF court officers, and the best efforts of
the tipstaffs could not quell the buzz of
excitement which arose in the room. In
terest was at fever heat and in spite of
the late hour not seat was to be had
within the four walls, nor was one re-
llnquished even during the recess which
followed. Holmes was taken hack 70
the cell room and although a, smile xvss
on his lips it was clear that he was eT9
tremely nervous.
Judge Arnold told the jury he would
remain in the building in case they cared
to communicate with him.