The record-union., 1895-10-29

Holmes-If the court pleases, if | can
have u continuance even for one day,
feel sure
The court-That has been refused al
ready. We can go on with the business
to-day and keep the case running for a
day or two.
Holmes-Will not The case be allowed
to go over for day when 1 state to the
court that can get another lawyer to at
tend TO my interests?
The court-Iou will have time to.mor-
row TO get another lawyer. but the case
must go on to-day.
Mr.. Rotan-The prisoner stated that he
intends to examine those jurors, and it
is not interfering with the counsel. He
says that be is going 10 attend to the eX-
animation of these jurors.
The court-Let him examine them
then.
MIR. Shoemaker-We might be able to
get together tomorrow, but we are not
able to go on with this case.
The Conrt-We will occupy the day as
much as we can, Mr.. Shoemaker, we will
not get through with the case to-day and
you Will have an opportunity to get other
counsel by tomorrow morning. Go on
ana occupy your seat to-day and yet on
as far as you can.
The Court TO Holmes)-Wiil you ex-
anime the jurors?'
Holmes IN response to this query pro-
ceeuei to examine the juror and finally
asked that the juror be discharged per-
emptorlIy. The challenge was over
ruled.
Inc next juror called was found to be
nobJectionable by the commonwealth
ana was examined Dy Holmes III person,
and at the end of that examination was
permitted to take seat IN the box. At
the END OF this examination, Mr.. Rotan
addressed the court saying: May it please
your honor, the prisoner won't let me do
anything. and L Will have to retire from
the court"
Judge Arnold advise you not to do
it.
Mr.. Rotan-Witn all respect to the
court, l fear that l will have to do it. He
says he won't allow me TO do anything.
Ii IS useless therefore for me to remain
and l will have TO withdraw.
Judge Arnold-V cry well, you will
/ both have TO bear the consequences
|. Both men, Rotan and MIR. Shoemaker.
then Withdrew from the court without
saying word TO the prisoner. Mr. era
ham then called MIR. Schotield to the bar
OF The court. and after q conversation with
Judge Arnold, MIR. Graham moved the
court for the appointment of counsel for
the prisoner TO protect his rights Judge
Arnold was about 20 assign them, and
| torheys' table, when Holmes arose and,
addressing the court, said: ITO have an
attorney thrus. upon me at this time,
were to permit him to represent me,
wouId be, IN my opinion, TO sacrifice my
life. l had Intended after the adjourn
ment OF the case to-day to ask for leave to
consult with party with whom money
had been placed. SO that | could consult
with X. o. Moon, who has some knowI-
: Z a md Iii.
1eel that am able TO look after my own
case for one day."
Judge Arnold-Then you refuse the
| assignment OF the counsel?
Holmes-l must refuse, with the re.
quest that L may be permitted to consult
after the adjournment OF court to-day
with The persons / nave mentioned
Judge Arnold-The case will 90 on,
ou can examine the jurors yourself,
and you can have the consultation to-
night.
The calling of the jurors was then re-
sumed, and after several had been called
ana examined Holmes, addressing Judge
Arnold said: Gan | sit 1T the desk 50 as
to be nearer TIE jurors and the cDurt?"
Judge Arnoid-Ihat can't be done
air. HoInes-My voice has not been
used Tor year, and l fear if il is used TOO
much 1t may get weaker. and II | were
nearer the court and jury 1 could be
heard better.
Judge Arnold-Though your voice is
weak, We can hear you; the court is very
quiet.
Holmes-If l should after to-day go on
I without counsel, could not the dock be
placed nearer the rail-
Judge Arnold-We will think of that
hereafter.
Wnen Richard Johnson was called the
District Attorney asked whether he had
read or discussed d sensational book
published by the defendant entitled
Holmes Own Story"
his IS not the time or place TO dis
cuss that question:" interrupted Holmes.
II have published no book nor author
lied any TO he published"
Il know better; said Mr.. Graham.
The juror answered mo" to the oues-
ton. however, whereupon he was &C.
cepted without further discussion
AT this stage OF the proceedings Attor-
ney K. .. Moon entered the courtroom
! and when the court was SO Informed 6
/ few moments delay was had while Mr.
Moon conversed with the prisoner. Al
1 the conclusion OF this conversation Mr.
/ Moon, addressing Judge Arnold. said
/ I'm response to the request of the
! prisoner l have come up here, and after q
! brief consultation with him / would say
that OF course IL is impossible under the
/ circumstances tor me to take charge ot
/ this case"
( The calling OF jurors was resumed.
juror Michael j. Scaulon was severely
cross-examined by Holmes. who finally
challenged him peremptorjiy. Holmes
then challenged John Mclaughlin and
! John Z. Risley peremptorily and asked
/ the court Ii he had the right 20 make
/ further challenges.
es. mp 10 the time the jury is sworn, y
/ said Graham.
| Il would rather have my instructions
/ from the court than from YOU" coolly
4 replied Holmes.
! Clerk hensey swore the jury severally
| ana Tecited the indictment charging
Hoimes with the murder oil Benjamin +.
/ PletZel, and Instructed them as to their
/ duties. This being done, the court took
a recess until 3 O'Clock.
1t was $40 when the trial was resumed
and nearly all of the session, which was
continued until 400 O'Clock, was taken
up Dy Mr.. Graham III outlining the case
! 10 the jury. The opening address of the
! District Attorney was forcible through
our. His denuaclation had no outward
! elect upon the accused. Holmes com
posure was wonderful, and during the
narrative he busted himself in taking co.
plous notes of the prosecuting officer S
address.
Mr.. Graham at the outset stated thai
under the Indictment, providing the evil
dence should warrant it, it would be pos.
sibie for the jury 10 find verdicts either O
nanslaughter, of murder in the second
degree, OF murder in the first degree or o
acquittal. He declared, however that he
would ask for verdict OF 1irst-degree
| murder.
Mr.. Graham graphically pictured the
| many features of the case. During thf
If n ftal 81,
I Pietzel Mr.. Graham indicated that the
commonwealth expected TO prove that
Pietzel was chIoroformed 10 death while
drunk.
The opening address covered about
every phase OF this interesting case xnd