The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-11-07

Holmes and his alleged wife from the
Eleventh street house on the might of the
murder, Holmes having come home
flushed and warm and ordered her to pack
her trunk, Mr.. Rotan urged that Miss
Yoke's testimony showed beyond ques-
ton that they had the night before re-
solved to leave town on Sunday night.
The commonwealth relied ON the medical
testimony that the body could not have
been found in the peaceful repose it was
found had he committed suicide. The de-
Tense admitted the truth of that but
said that it was placed by Holmes after
he had committed suicide, leaving a note
to Holmes to utilize the corpse for con-
summating the insurance arrangement
Mr.. Rotan referred to the fact that
Holmes preferred to come here for trial
rather than go to Fort Worth, where he
was wanted for stealing a horse. Would
any man have had such preference unless
he knew just what crime he committed.
Would he have averted a trial in a far
distant place to put his neck in danger
by coming voluntarily to this city had
he committed murder here?
In conclusion he begged the jury to
carefully weigh the facts and to give
the prisoner the benefit of the doubt.
Mr.. Rotan concluded his address at
4:30 o'clock and Judge Arnold charged
the jury. He began with the usual def
milton of the various degrees of murder
and manslaughter and read several pass
ages from the penal code of the State.
He instructed the jury to direct their
thoughts to the question whether the
so, of what degree. If the common
wealth had proved that it was wilful,
deliberate and premeditated murder,
then he was guilty TO murder in the first
degree. "A number of witnesses have
been called and the testimony is known
as circumstantial. OF this kind of testi-
mony l will say many of the most i'm
portant cases are proved by such evil
dence. do not think exaggerate when
l say half of them are decided thus. All
murder evidence is more or less circum-
stantial. The difference is only the de-
gree of it."
After citing illustrations of this, the
judge continued:
SIN the case of killing by poison, eX-
perience shows that nearly all such cases
are proved by circumstantial evidence.
'eThree questions must be determined
by you in this case; first, is Pietzel dead;
second, did he die violent death; third,
if he did, did the prisoner kill him or did
he commit suicide"
The judge reviewed the evidence at
length ana continued:
Now, was it a suicide or murder:
1t is argued by cousel for the prisoner
that it was suicide. If it was so then
natural impulse would have been to
notify the police upon discovering the
body, but he says he did not do so be-
cause he wanted to make it appear an
explosion so as to defraud the insurance
company. The next step was told by
Miss Yoke. The prisoner cross examined
her himself. Here the judge quoted
from her testimony concerning Holmes
return to the Eleventh street house.
"If upon the evidence you are satisfied
Pietzel was killed by Holmes by means OF
chloroform it is a case of murder of the
| first degree. If persuaded by argument
of the counsel that it was suicide and
not murder, then you must acquit. If
after hearing the testimony, you are un.
| able to make up your mind that he is
guilty; if you feel a hesitancy, doubt
llyou must give him the benefit of the
doubt and acquit him. If not you must
| find him guilty of murder in the first de-
gree. If you have any impression in
your mind of anything said in the news.
papers or spoken in this court about the
case other than the one on trial, the
murder of Pietzel, pray dismiss them
from your mind and consider the case
with the utmost care. You may now re-
| tire and consider your verdict"
Thus at 5:45 o'clock in the afternoon
| Holmes fate passed into the hands of the
jury. The IL men were at once taken tc
their celebrating room under the escort
of corps of court officers.
Shortly after O'Clock they returned
! with the verdict as detailed.