Arizona weekly citizen., 1895-11-02

nervous.
 Shoemaker, for the defense, asked for a contin uance. He urged the lack of time for preparation. "rhere are three hpsia;Se cases involved in this oase." be urged, "snd We had only as much time as would be adequate for preparation on ene."
 It was expecte the present newly discovered evidencs was of such vital importance that Holmes would undoubt- edIy be acquitted of this charge.
 Graham protested against granting continuance. He dwelt upon the severe strain under which Mrs. Pis;zel had been put and said an examination into her mental condition made it apparent that were a continuance granted the common wealth would lose it's most i'm portsnt witness
 plea for respite, but it was ovsrruled by Judge Arnold.
 Shoemaker and R1tan created a mild sensation by saying that if the judges decision was irrevocable they would withdraw. But Judge Arnold queiched this by declaring that member of the bar who would withdraw from a murder case on the eve of trial would bs called upon to show cause why be should rot be disbarred for unprofsssional con- duct.
 "As tar as the plea of lack of money is concerned" Graham said, 1T have positive knowledge that large sums were offered within the last week to promin- ent attorneys at this bar to come into this state as associate counsel for the defense, showing there are funds ou
 hand"
 "Will your honor allow the case to go over until tomorrow morning." plead ed Rotsn.
 One juror had been admitted by the commonwealth when Home in q qIiver ing voice said to Judge Arnold: "Msy it please the court, l have no inclination to continue with the trial of this case with Rotan & Shoemaker as my counsel, feeling that, in view of their desire t. withdraw, my interests would be dam aged, therefore discharge them as my counsel"
 "You cannot discharge them, Mir. Holmes answered Judge Arnold. "Tha; is for the court, and If they withdraw from this case they will be punished"
 "If," continued Holmes in a tremu- lous voice, your honor will give me until tomorrow to secure additional 
 We will have no more debate, Mir. Holmes, the matter is decided"
 The examination of jurors was about to bo proceeded with when Shoemaker again arose and stated the prisoner absolutely forbade their representing him in the G So and declared he would examine the jurors and witnesses him. self. Judge Arnold said he would per init Holmes to question the jurors. Homes challenged each juror, the first juror peremptorialy.
 Rot8n & Schomaker arose end declar- ed they felt obliged to withdraw from the case regardless of consequences.
 "You must take conseq fences then" sad the judge. and the two lawyers without further ado left the court room.
 The commenwealth's officers cons sulted with the judge and then called upon Everett A. Schofieid and J. NJ. Faby, young members of the bar, who agreed to assume the grave resI o1sibility .. with all ths aid possible from MT. Graham.
 Holmes objected, on the ground that as he knew nothing of these gentlemen he should not care to intrust his life to them. ''As far as aid from Graham is concerned" he added with unveiled bitterness, "I had abundant prof in the past year what the promise of aid from the district attorneys office means May l be allowed pOstoonen G. t til tomorrow to see MT. R. O. Moon, who is already familiar with the case snd whom know 1 can eDgage?"
 Do you then refuse to allow these yent.emen to defend you?"
 ''I do. sir. If sm not allowed a cor tinuI nee until tomorrow 1 must Gsk to try tie case myself"
 ''WeIl, We will go on today said the judge, ''anG we will see about your ea gagipg lr. Moon latter on."
 Tee examination of jurors was th D resumed. Holmes continued question ng jurors Rs they came up. Besides the n;ual questions whether CT not the juror formed an opinion AR to the guilt or ID 1ocence of the prisoner and entertained any conscientious scruples against cap tal punishment, Holmes also asked Fl we you visited the dime museum Et Ninth and Arch streets?" The rsasau Tor this question was the fact there has | b. n on exhibition in the museum foi | ,ome weeks a wax counterpart of | the multi-murderer, as he i here called, together with models O me Irvingtcn, Indiana, house, and Chi ago Castle" All who had seen these were peremptorily challenged by Holmes.
 After nine jurors had been accepted R. b. Moon came into court. After a whispered consultation with the prisoner, he addressed the court, say ng he would be glad to take up the de- ense of the prisoner, but in view of oreign element entering into the case Iuch thing was practically impossible without continuance until some future | late.
 Judge Arneld reiterated the case hould proceed without delay and MT. | Noon replied that in that event | @ felt | to decline to participate.
 After Holmes had exhausted all but | wo of the challenges allowed him he | made another earnest plea for continu nee until tomorrow morning on the | rounds that he wanted to get certain | ecessary pape,s from k tan S Shoe maker and to have an interview with a | ertain person in this city.
 Judge Arnold was inhexible, however. ! nd reminded Holmes he had discharged | is couniel in his efforts to force a con- Iuuance, but the ruse woold prove in- ffectpal. He would, however, be per lltted to send for the papers mentioned.
 The jurors where then sworn indIvId- ally and the court took a recess until