The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-10-31

showed much legal skill in their construc-
ton. He presented a strange picture
standing in the dock with his pencil level
| ed at the witness, trying to confuse him
| He asked that the plan of the house be
produced and witness Smith temporarily
made way for Marshal Punch, an en-
gineer in the bureau office. He identified
the plan and Smith then continued his
| testimony and Holmes sought to prove
| that he, could not, from the place where
he sat, have seen him go up stairs on the
day alluded to, but the witness adhered
| to his original statement. Holmes SUBJ
| jeeted Smith to long and searching
cross examination, dwelling upon every
point of the testimony adduced by the
commonwealth, but the witness was I'M
| shaken. ..a. -r..,t..
| Eventually, becoming exasperated at
his inability in this respect and in conse-
quence of an immaterial word from Mr..
| Graham, Holmes exclaimed: II object
| to the blood-thirsty manner in which the
| district attorney and this witness are try
| ing to draw the inference that l rushed
into the potters field and mutilated the
dead body of my friend"
you are drawing the inference your
| SELF" said Mr.. Graham.
DR.. William j. Scott was called and at
| this juncture Holmes renewed his plan
to have all witnesses except the one on
the stand excluded from the room.
Mr.. Graham objected to this and
Holmes, without change of expression
| but with infinite sarcasm, said: II would
like to know whether Mr.. Graham or
the honorable court is to make the rulings
| in this case | have been anxious to
know this since the trial began"
Judge Arnold upheld the district at
torney and Holmes asked for and was
granted an exception to the ruling.
Holmes compromised by asking that the
| Benjamin Pietzel be excluded. This
was granted him, and as Holmes called
out the names of these witnesses they
left the room.
| Not having full list of the witnesses,
however, he was suspicious that all had
not left, and in spite of the district at
| torney's prOtestations he pressed the mat
ter earnestly, addressing himself princi-
pally to the court and ignoring Mr.. Ora
| ham. 'tJi. atI .t tn ID.
II wish could get the prisoner to I'M
derstand," finally remarked Mr.. Graham,
that somebody in this case is acting
honestly" t.- iNu 80
| The examination of DIR. Scott was
about to be resumed, when the district
attorney arose and said to the court:
SIN view of the circumstances of this
case and the evident desire to create
sympathy for the prisoner, mean, as a
matter of grace to him, as he is without
counsel, to ask all the witnesses connect
ed with any part of the case to retire.
Were he represented by counsel; would
fight such proceeding at every STEP
After the witnesses had left the room,
Holmes asked if his wife was to be a
witness.
Again must ask" said the district
attorney, (which wife you mean?"
"You know responded Holmes, with
fit to designate as Miss Yoke, thereby
casting a slur on her and myself. That
woman is my wife"
You cast a slur on her." Mr.. Graham
retOrted, when you married her with
two living. l call her by the name she
| gives me, which is Miss Yoke"
"That is for her to say" said Holmes.
"Well, she is not in the court room, y
concluded the prosecutor, land | decline
to say whether or not she will be a wit
ness' -.o.O' N'"i
Dr.. Scott was then permitted to tell
his story, which concerned his having
been called on to examine PietZePs body
after the discovery. He explained the
situation of the room and the arrange
ment of the windows so that the suns
rays should fall upon the. corpse and
hasten decomposition together with the
position of the burns on the body and the
broken jar. ....-.,.. ..i-s.. L.
He agreed with the assertion of the
district attorney yesterday that the jal
could not have fallen from the lips OF
the dead man to take the place where
it was found, and it could not have brok
: en- by an explosion because the pieces OF
glass were not scattered about the room
but were inside of the jar. rr''I .
He then dwet upon the discovery OF
chlOroform in the stomach and said large
| quantities of the drug had been used
and from the cOngested condition of the
lungs and empty heart it was apparent
| that the man had met a sudden and VIC
lent death from chloroform poisoning.
At the end of DR.. Scott's examination
the court took recess to 2:30 p. IN.
During the recess District Attorney
Graham INDUCED in little chat. HI
, said if the case continued to drag along
as it has thus far it would beat the rec
ord of the Durrant case for consuming
time The commonwealth has fifty-foul
or fifty-hve witnesses yet to 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 unduly hurry the case, although
, he thinks the night sessions will obyiatC
the possibility of the case extending owe
, more than two weeks or thereabouts.
AFTERNOON SESSION.
Court reconyened promptly at half pas
two, and DR.. Scott was turned over t
Holmes for cross examination.
"Are you prepared to say" he asked
"that the decomposition of the body woult
not have occurred had it been in dark
ened room?"
Holmes began, cross examination b!
: requesting DIR. Mattern to read his note
of the result of the autopsy i'll their en-
tirety. This was permitted, and afte
it had been done the physician was pu
: under long series of technical questions
: touching the probable cause. of death, tn
, effects of chloroforIn in poison and kin
[ drcd subjects.
q. The doctor unqualifedly declared tina
5 death had been caused by chloroforn
poisoning. The examination consumed
/ nearly two hours and half, and tn
great majority of the questions put b,
: Holmes were entirely irrelevant
: District Attorney Graham, after main
: taining silence for u long time, eventual.
| lost patience, and presented his objec
5 lions to this sort of questioning. There
upon Holmes brought the examination t.
t Il close.
5 He said it was impossible for mai
5 to place himself in an attitude like tina
:. in which Pietzel was discovered ate
4 having administered chlOroform to him
g self Mr.. Graham asked for his Opinion