The Indianapolis journal., 1895-11-03
"Hem., the Only Word Uttered by the
Defendant, and that Was when APP
parentIy Clearing His Throat.
MOTION FOR A NEW TRIAL
THE CASE LIKELY TO BE APPEALED
TO THE SUPREME COURT.
Closing Arguments of Prosecutor
Arnold's Charge TO the Jury.

PHILADELPHIA, Pa, Nov. 2-Henry II.
Holmes was convicted of murder In the first
degree at S:51 o'clock tonight for killing
Benjamin F. Pietzei. He coughed slightly
when he heard the words. That the
only sign. The Jurors retired TO deliberate at
$40 O'Clock this afternoon. According to
one of their number, they reached their YER
dict before the doors OF their room closed
upon them. For hunger's sake they ate
their supper first. Then they took a ballot,
and, without hesitation, every man OF the
twelve answered, Guilty of murder in the
first degree" But, however atrocious the
crime. however fiendish the criminal, it is
hard to send a man to the gallows in one
minutes time. So, for decency's sake, they
talked about the case for a seemly period,
about an hour and a half. Then word was
sent into court that they had agreed. This
was at Sis o'clock. 1t took a. half hour TO
get the court in readiness to receive the
verdict. Such things are not done too
quickly.
Holmes spoke to his counsel. Rotan and
Shoemaker, in the cell room before he was
taken back to MoyamensinG prison. To
them he said: ST feel that this condemns
me. 1t was an unjust trial." He would say
no more than that.
Immediately after the announcement OF
the verdict the usual application for leave to
file a motion for new trial was made. Dis
trict Attorney Graham did not oppose the
motion, and Judge Arnold fixed the 18th OF
this month for hearing. The principal
reason urged will be lack OF time for the
preparation Of the defense. Should O new
trial be refused. an appeal will be taken TO
the Supreme Court, and argument heard at
its next sitting in this city, January, 1896.
So, even if everything goes against him,
Holmes has yet some time to spend on the
earth, from which he is alleged to have sent
so many fellow-mortals. The verdict was a
surprise to many persons, who did not be-
lieve the crime had been fastened on Holmes
beyond a reasonable doubt. When they
heard it: "Well, it was on general princi-
pies. and it's just as good" That is not the
meaning of law, put in this case everybody
agrees that Its just as good" There is no
word of pity or sympathy for the condemned
felon. He is regarded as a menace to So
ciety. Up in Gilmanton. y. H.. there are
two old people. his father and mother And
also he has two brothers and two sisters.
Not one of his kin was heard from during
the trial.
THE JURY RETURNS.
When the jury went out an indefinite re-
cess was taken. Judge Arnold said he
would remain in the building until midnight
If necessary, and If no verdict had been
reached by that time he would come to
court at 10 o'clock tomorrow morning No
body believed there would be occasion for
this. There were many wagers made that
the verdict would be I'm tonight, and more
as to its nature. At twenty minutes TO .
o'clock there was a hustle OF moving people
I'm the packed room, and ii became known
that the jury was coming I'm. A moment
later Judge Arnold took his seat. District
Attorney Graham and his assistants en-
tered and the jurors filed solemnly in and
took their seats in the box. Then, amid an
impressive silence, Holmes was brought in
and placed i'm the dock. For moment
there was not a sound. The silence was
literally painful and every heart in that
crowded rooml tilrobbed faster. The man
who was about to hear his doom pronounced
stood erect n the dock, the same deathlike
pallor, which could grow no deeper. on his
face. He stared at the jury blankly. his
hands clasped behind his back. Once or
twice he moistened his lips with his tongue
There was no other sign of agitation. Then
from the deep-voiced cotrt clerk came the
awful words:
Jurors, look upon the prisoner Prisoner
look upon the jurors How say you, gentle
men OF the jury, do you find the prisoner at
the bar, Herman w. Mudgett alias VI. II
Holmes, guilty OF the murder of benjamin.
r. Pietzel, or. not guilty?''
The condemning syllables came promptly
from the foreman: Guilty OF murder in the
first degree"
Hem" uttered Holmes, clearing his
throat, but his shrunken form never trem-
bled; his lips betrayed no CULVER; his mar
velous nerve had not forsaken him. There
was only tighter clasp. of the hands folded
behind him. Then he slowly sat down and.
at the request of counsel, the jury was
polled. That is, each OF the twelve men sep
arately listened to the clerks query and re-
sponded with the finding. As each name was
called, Holmes wrote it on the margin OF a
newspaper in his hand and the fingers hold
ing the pencil never shook. The verdict was
formally recorded by the court; the motion
for a new trial was made, and after Judge
Arnold had spoken word OF regret 10 coun-
sci for the defense, because OF last Mon
days occurrence, when they withdrew from
the case. and appreciation for their arduous
but fruitless labors. Holmes was taken 10
his cell room and a few moments later to
prison. Then the jury was thanked for their
attention and labors. and sent home: the
court adjourned. and the most extraordinary
case In the annals Of American courts was
ended
FAIR AND IMPARTIAL.
The proceedings of the last day were un-
eventful. except for the last tragic scene.
District Attorney Graham opened the ses-
sion with his address to the jury. He was
followed by Mr.. Rotan. who. in his speech.
presented the only form of the defense
that Pietzel had committed suicide--resting
ON the assumption that the Commonwealth
had not made out a case beyond a reason-
able doubt. Judge Arnold charged the jury
for more than an hour. The district attor-
ney said his instructions were fair and Inn
partial. The general idea was that IL they
leaned towards either side It Was towards