The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1895-11-03
Fl lines, began IL e argument for the de

| throughout had taken the INFERIOR palC
in the conduct of the case, was absent
to day on account of his illness and Mr..
Rotan was entirely alone.
There was pathetic note in the way
he began:
Gentlemen of the jury, there is prob
ably no one in this court room who can
fully appreciate the responsibility that
rests upon my shoulders. Yet, each of
you has much greater responsibility.
He Immediately entered upon dis
cussion of the evidence, and said the de.
fense plainly admitted that the body
found 10 the Callowhill street house was
that of Pietzel, and that he and Holmes
had been conspiring TO defraud lnsur-
ance companies, and at the time OF
this occurrence had such a scheme
on hand. They also admitted,
Mr.. Rotan said. the story
of Holmes Wanderings around the
country with Mrs Pietzel. They had
offered no defense because of their con
fidence that the commonwealth had not
made out it's case and when the jury
had analysed the evidence they would
find the facts more consistent with the
theory of suicide than murder. When
Holmes went to the house on Sunday,
Sept. 2, he found the body on the third
floor.
The attorney then repeated the de-
tails of the arrangement of the body, as
already tod, but, he asked, had anything
been produced to show at what time the
man had been killed or committed
suicide?
els there anything in this case to
show that the prisoner secured the
policy on Pietzel's life?
''Ifthere had been the commonwealth
would have produced it"
Continuing, Mr.. Rotan called atten-
tion to the fact that when Pietzel left his
his wife in ST. Louis to come to Phfla-
delphia, he had told her not to be wor-
ried if she heard he was dead, because
he was in scheme to defraud an insu-
rance company.
The commonwealth relied on the med
ical testimony that the body could not
have been found in the reposeful posi-
tion in which it was, had Pletzel COM
mitted suicide by inhaling cbloroform.
The defense admitted the truth of this
but asserted that it was placed in such
position by Holmes after Pietzel had
committed suicide, leaving note for
him to utilize the corpse TO c5nsummate
the insurance swindle.
Mr. Rotan reminded the jury Of the
fact that when arrested in Boston, for
conspiracy, Holmes asked to be brought
to this city to stand trial rather than go
to Fort Worth, Texas, where he was
wanted for stealing horse. Would any
man have made such choice, he de-
manded, unless be knew just what crime
| he had committed2 Would he, the law
yer demanded, have avoided trivial
charge in 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 care
| fully weigh the facts and TO give the
prisoner the benefit of the doubt.
| Mr.. Rotan concluded his address at
4:3O o'clock and Judge Arnold charged
| the jury. He began with the usual defini
ton of the various degrees of ssnurder
and manslaughter and read several pas
sages from the penal code of Pennsyl
| vania
"a number of witnesses have been
called and the testimony is known as
| circumstantial. Of this kind of testi-
mony viii say many of the most i'm
portant cases are proved by such eyi-
dence. | do not think | exaggerate
when say half of them are decided on
such evidence. All evidence is more
or less circumstantial The difference
is only in the degree of it.
"Three questions must be determined
by you in this case:
First Is Pietzel deads
Second Did he die violent death
Third. If he did, did the prisoner kill
him or did he commit suicide2'
The judge reviewed the evidence at
length, and, continuing, said:
''Eow, was it suicide or murders 1t
is argued by counsel for the prisoner that
1t was suicide. If it was, the natural
impulse 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.
IF you have.any impression in your
mind of anything read in the news
papers or spoken in this court about
cases other than the one on trial, the
murder of Benjamin T. Pietzel, pray
dismiss them from your mind, and con
slider the case with the utmost care. You
may now retire and consider your YER
dict"
Thus at $40 o'clock in the afternoon
Holmes fate passed into the hands of
the jury. The twelve men we're imme-
diately taken to their deliber-
ating room under the escort of
corps of court officers, and
the best efforts of the tipstaves could not
qlel the buzz of excitement which arose
in the room. Interest was at fever heat,
and in spite of the late hour not seat
was to be had within the four walls, nor
was one reIinquished even during the re-
cess which followed.
Holmes was taken back to the cell
room, and although smile was on his
lips, it was clear that he was extremely
nervous.
Judge Arnold told the jury, he would
remain in the buildiDo in case they cared