New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-10-29
HOLMES ON TRIAL AT LAST.
HIS COUNSEL. UNABLE TO GET MORE
TIME, WITHDRAW.
THE PRISONER REFUSES TO ACCEPT COUNSEL
ASSIGNED BY THE COURT AND UNDER

alias ii. II. Holmes, was nrTdlRHeu III the >i'A'7
inai Court of Philadelphia to-day to defend MS
life against the charge Of having murdered Ben
jamin F. Pietzel In this city November 2 1894
In anticipation of the crowd of morbid people who
would b. attracted to the scene. cordons OF police
guarded all the entrances and only those having
business in the courtroom were admitted
Directly after the prisoner had been placed In
the dock and Judge Arnold had taken his seat on
the bench. Holiness two attorneys Messrs Rotan
and Shoemaker. asked for a continuance OF the
This request was refused. Then the de-
PENDANTS lawyers announced that they wouId
withdraw from the case. The Judge expressed
his surprise at such unprecedented action at the
beginning Of a murder trial. and told the two at
torneys that If they withdrew they placed them
selves In jeopardy Nof being disbarred
At this point Holmes rising from his seat In the
dock. said May it pleaTe the Court have no
inclination to ask the present counsel 10 con-
tinue in the case when I see 1t will be against
their own interests Bearing this fact In mind. l
have within the last few moments discharged
them from the case
The Court-They cannot be discharged from the
case and II they leave the court they Will be pun
ished as lawyers are punished for disobedience.
Mr. Rotan-We do not ask to leave the court or
to leave the case but desire. as we said some
time ago. to have further time, and now. rather
than go on with the case. we ask to withdraw
The Court-Gentlemen, as said before your ap-
plicatio TO withdraw is refused
Homes-If the Court please il can have con-
tinuance even for one day feel sure
The Court-That has been refused already. We
cat go on with the business to-day and keep the
case running for day or two.
Holmes-Will not the case be allowed to go over
for day when state to the Court that can gei
inte
The Court-You will have time tomorrow to get
another LAWYER but the case must go on to-day.
The Court theyeupon appointed two attorneys
to conduct the prisoners defence. Holmes an
nounced that he would not accept the lawyers
appointed by the Court and that he would
conduct his defence.
II was evident from the Judges manner that
he believed the withdrawal of Holiness origl-
nal counsel from the caje had been decided
upon in the event Of failure to secure
postponement.
The calling OF jury was then begun Enoch
Turner the first talesman and when the
District ATTORNEY had accepted him as juror
Holmes asked for a continuance until he could
secure counsel Judge Arnold declared. with
considerable frmness. that the case must go
On to-day. that his lawyers had no right to
withdraw but tina. IL they did he Hiolmes)
| could secure counsel in time for them to appear
| tomorrow. The Judges declaration WAS made
more emphatic by this ~tatement: Mr..
| Holmes | think you ought to understand that
/ don't want any advice from you as regards
this CASE Holmes then turred his attention
to examining Turner. and challenged him per-
emptorlly. Turner was excused.
The next juror called was Frederick
Schlump sr He was found to be unobjec-
t,onablc 10 the Commonwealth. and was ex-
mir hy
animation he was permitted to take a seat in
the box.
After several more Jurors had been called and
examined, Holmes. addressing Judge Arnold
said: Can | sit at the desk so as to be nearer
the jurors and the Court?'
Judge Arnold-That can't be done.
Holmes-My voice has not been used much Tor
| a yea 1t is weak and fear il it is used much
II may get weaker and If | were nearer the
| Court and Jury could be heard better
| Judge Arnold-Though your voice is weak, we
can hear you ,he court Is very quiet
| Holmes-rf should after to-day go on without
counsel could the dock he placed nearer the ran
Judge Arnold-We will think Of that hereafter
When Richard Johnson was called District
| Attorney Graham asked him whether ne had
read or discussed a sensational boOk puoilshed
by tn. defendant. entitled Holmes OWN
This Is not the time or rsce to discuss that
oue stion" interrupted Holmes. Il have pup
| lshed"
The juror answered mo to the question. now
ever. whereupoH ne was dcSeP'eu "''''o"' '
| thcr discussion ..,
by Holmes. who finally challenged hlm peremp-
and John Risley perenptoriiy ana asked the
Court r ne hal a right TO make fur'Eer cha'-
enges. A., -. ,.,u,. +, s.or, , said
Mr. Graham
~ II void rather have my instruction from the
Court than from YOU Mr.. Graham ccoly re-
John richardson sr., weaver. called, and
| his answers proved satisfactory to the District
| Attorney. He was, however pereihp'oiiy O""'
When the box had been filed Mr.. Graham in
| structed the crier to ask the prisoner If ne was
| satisfied and II he was 10 swear the jury
| Holmes withoI. waiting for thu question OF the
| crier asked tho Court whether the Distrlct-At-
| torney had the right further to challenge jurors
II ne Holmes were not TO exercise that right
| Judge Arnold replied that the District-Attorney
| could challenge until the jury was sworn
| Holmes then peremp;orily set aside three jurors
After exercising his right to challenge peremp-
| torily. and the box having been filled by jurors
| subsequently called Holmes inquired how many
| challenges he had made. and was told sixteen,
| leaving him four more. He then addressed JuuBe
Arnold, saying: .
II urgently ask that the case be continued now
until tomorrow morning before decide whether
| shall elect to make any further challenges. ana
so that can have the consultation desire and
| an opportunity to send to Ar Rotan Tor papers
In possession Of my former counsel
| Judge Arnold will send for the papers but
| the case must go on.
Uolmes-The delay is but short and feel that
! ~ were given this delay shall be able to get
| counsel
Judge Arnold-You have discharged your coun-
| gel and the case must & On. We cannot lock up
| the Jury all night to oblige you.
Holmes pressed for the delay. and said that 50
far as he was concerned he did not care about
having the jury locked NJ.
! District Attorney Ciraham-Ii ls the law.
| Judge Arnold-You have discharged your coun-
sci and the case has been called, and We intend
that II shall g straight on. There must be no
| motion for a delay CT) the clerk Of the courO
! Swear the jury.