The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1895-10-29

did occur in court so far surpassed all
expectations that the most vivid flights
Of Imagination could scarcely have con-
colYed the days events.
ProtestatIons and entTeatieB for q
continuance OF the tSlal SummArily
OVerruled; the sudden withdrawal oil
the lawyers who had hitherto repre-
tented the prisoner, in the face ol dis.
barment; the appointment by court oil
new counsel and the refusal by tho
prisoner to accept them as his defend'
erI; the deelinatlon Of another lawyer
to serve, after being selected by
Holmes; and, finally, the prisoner try.
ing his own case. This, not 10 speak OF
sundry dramatic passages at arms be-
tween Holmes and the commemorative
prosecuting attorney, iI q summary Of
what occurred.
HolmeI demoanor throughout, sayo
on ono or two occasionl, when ho gave
way to slight burits Of anger directed
at the district attorney, was character
lied BY that marvellous display OF norvc
which has become associated with his
name. The case had barely Cotton
under way when q sensation was sprung
by the withdrawal OF tho attorneys for
the deionse at the prisoners request
after thoy had made an Intellectual at
tempt to secure continuance Of tho
trial. Holmes then began conducting
his own case. A Jury was then i'm.
pauoled aud the court adjourned for
dinner.
OPENING STATEMENT.
When the court had rocOnvCnod, Dis.
trics Attorney Graham began his open.
ing address to tho jury.
After reLionraing tho technical "details
Of tho charge as laid down in tho in.
dictmont, aud explaining thOir loyal
meaning, ho told them that IL was with.
In tholF powor 10 find QUO OF four yer.
diets, II Gho evidence justified them,
manSaurhler, murd0fin tho second dc.
gree, murder In tho frat degree or
acani,tal, and he defined tho olGnontB
Of oach OF tho three crimes. llo felt
Ralrrpd, however, that after hearing tho
evidence thOy would agrOo with him
tia: tho crime was murder In 4ho iir't
degree, because the intent wR' PLAIN
from tho manner in which no criino
was committed. II II was murder at all,
II was murder In tito GrsL degree.
Proceeding, tho dialriGt attorney out
lined tho story Of tho crime.
I'VE hRyo charged In tho Indictment
that tho lato Of tho murder was Sep
,onbor 2, 1884," hO continued. "Wo do
hot know thla positively because tho
body was not diBCovOrod until soptom'
lor4, but tho rrimo was committed bo.
tHOsn tho lat and tho dth."
Tho district attorneys next ATOP was
10 outline tho story oi tho cflmo from
tho iImo Of tic discovery ol tho body In
tho Callowhill htTcOt house BY Eugono
Smith, carpenter, who had bcon In the
employ oi tho dohd man. Ihn body,
burned and blnckonGj, was lying In III
attitude nj peaceful rOpoao, 'aid Mr.
Graham, and not q Sign Ol q struggle,
Near by wnB glAB lat broken na VI by
tho alleged explosion In which PlO,aOl
was supposed to have met his death.
A nArrEntD rilronn
ML Graham shattered iliis theory in
word by declaring that tho glass wal
btokon from tic inside aud not tho out
sldp mud away from tho jar ~ would
hayp been tho Cnso lind there ronlly beon
an explosion of tho lumos ol tho clean.
Inpnnd II lad contained. WhOn found,
tho body Wm badly dcconDo1Cd, 30
much no that tho lncO was almost DO.
yohd recognition, although tho oflmo
had been committed only n dnY Ot lWn
before. This, ML Graham declared,
waa mart oi llolmni vol laid 'clotn1,
I1f II sag found that tho window had
born loft open aud tho body nrlnngod In
mrli polillun that TIM tnya % tho aun
would iall upon II aud haalcn loc1mpu'
slion, In truth, everything In tho
foUln lad been most carefully arranged