The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-30

Judge Arnold upheld the district attor-
ney and Holmes asked for and was
granted an exception to the ruling.
Holmes compromised by asking that che
witnesses connected with the murder of
Benjamin F. Pitzel be excluded. This was
granted MIN, aud as Holmes called out
the names OF thees witnesses they left the
room.
Not having full list of the witnesses.
however, he was suspicious that all had
not lett, and in spite OF the district attor-
ney's protestations, he pressed the matter
earnestly, dressing himself principally
to the court ard ignoring Mr.. Graham.
Il wish could get the prisoner to I'M
derstand," finally remarked Mr.. Graham
that somebody in this case is acting
| honestly.
The examination of DR.. Scott was
! about to be resumed when the district
| attorney arose and said to the court:
| I'm view of the circumstances of this
| case and the evident desire to create sym.
| pathy for the prisoner, | mean, as a mat
ter of grace to him because he is without
counsel, to ask all the witnesses CON
nected with any part of the case to re-
| ire were he represented by COUNSEL
would hight such proceeding at every
| step.
At the end of DR.. SCOTS examination
in chief. the court took a recess from
| 10 to 2:30 o'clock.
! During the recess District Attorney
| Graham INDUCED in little chat He
| said IL the casa continued to drag along
as it has thus far, it would beat the rec
| ora OF the Durrant case for consuming
! time.
The common wealth has fifty -four or
| hfty-::ve witnesses yet 10 examine, and
NOBODY seems to know what sensation
Holmes will spring when it comes to the
| opening OF the defense. However the
district attorney does no. intend to un-
duly hurry the case, although he thinks
night sessions will obviste the possibility
OF the casa extending over more than
two weeks.
Court reconvened promptly at 2:30 and
| DR.. Scott was turned over to Holmes for
DISCRIMINATION.
Holmes then subjected DR.. Scott to
lengthy and detailed examination touch.
ing the effects of chloroform, but obtantd
few answers that would tend to throw
the balance in the slightest degree in his
favor. Holmes kept a steady fire of ques-
tons and never felt obliged to pause for
a word or thought. The calmness with
which be exchanged the technical terms
| and discussed cnemic al and medical pos
sihilitics with the doctor was admirable.
At the conclusion Of Dr.. Scott's testi-
mony DR.. W. X. Mattern, the coroner
physician, was called. Holmes at once
rose and begged the court to grant him a
| continuance until tomorrow. He pleaded
! that DR.. Mattern would prove most i'm
portant witness; he felt unequal to the
STRAIN, the cross examination OF DR..
Scott having exhausted him. He hoped
to fe0l stronger tomorrow.
Judge Arnold asked the district attor-
ney whether he would agree to this, nd
Mr.. Graham replied with en- phnsis NO
sir; want to go on. This is only more
time play" That is your opinion,
which has marked all his intercourse
with the district attorney since the trial
began.
"That is my opinion"
Holmes suppressed a sigh and sat
down. The witness said he had made
the postmorten examination at the
morgue on September 4th and the con-
ditions were the same as described by
DR.. Scott. There had been paralysis in
dicating sudden death, and evidences of
chlcroform in the stomach. He dllated
on the CHASTITY scene at thu pottersfield,
where, in the presence of a half dozsn
other persons, including the officers Of
the swindled insurance company and the
| young daughter of the dead man, olmes
took a lancet and coolly and uthlessly
cut and hacked Off portions OF the
corpse.
The cross examination consum cd
nearly two hours and half and the
great majority of the questions put by
Holmes were entirely irrelevant. District
Attorney Granam, after maintaining
silence fur long time, eventually Loot
patience and presently he objected to this
sort of qestioning. Thereupon Holmes
brought the examination to a close.
DR.. Henry Lehman. the well.known
analytical chemist. was the next witness.
In answer TO Mr.. Graham s questions he
said it was possible for a man 10 fix
himself in an attitude as that in which
Pltzels body was discovered after having
ADM nistered CHI lorofCrm to himself.
Holmes asked q few questions in cross
examination but reserved the right to
call DR.. Lehman as a witness for the de-
tense after his (Holmes) testimony had
been taken.
Before the court took recess until o.
m. Holmes made an appeal to the court
to hold but two instead of three sessions
day on the ground that his physical
condition would not stand the strain.
Judge Arnold said We'll we will
hold night session tonight
The evening session began at o'clock.
There was brief delay which Holmes
utilized by glancing over an evening pa.
per as he sat IN the dock. The taking of
testimony was about to he resumed VIII an
IL dimes brought out new piece of by
play. He arose in the deck and ad-
dressed the court saying:
If your honor please | have a request
to make. In consequence of the severe
physical strain to which | have BEEN sub
jected and also because CT the criticism
ieveled against my former counsel,
Messrs. Shoemaker and Rotan, | have
within the last hour sent for them and
asked tn an to take charge of my defense.
/ should lise to ask IT the court will per-
NIT this.
Let them come in" said the Judge.
A moment later the two counsellors.
looking pale and worried entered the
court room and Mr.. Rotan going up to
the bar was about to enter upon n lengthy
explanation, when Judge Arnold curtly
Interrupted: No apology is necessary.
Go on with the case
The dock with Its occupant was then
moved back to its former place and
Holmes counsel took seats at the desk.
Other witnesses were called who testI-
fled that Holmes, under the name oil
Howell, had engaged rooms in Philaoei-
phia and had occupied them with his
wife and Alice Pitze. The case was
adjourned until tomorrow.
On the Bicycle Path
CHILLICOTHE, Ohio. Oct. 25.-W.
W, Windle the bIcyclist broke tbrea