Birmingham state herald., 1895-10-29
HOLMES IN A PRETTY MESS He Has No Lawyers to Defend
 Him. A CONTINUANCE WAS ASKED But Judge Arnold Peremptorily Refused to
 Grant It.
HOLMES LAWYERS THEN WITHDREW.
Two Lawyers Were Appointed by the Court, But the Prisoner Wouldn't Have Them, Preferring to Con-
 duct His Own Case.

Philadelphia, Oct 2S-Herman M. Mudgett, better known as R. H. Holmes, the self-confessed insurance swlndler and the alleged muti-murderer, whose sup posed murders have been a topic for gen eral discussion for the past several months, was placed on trial this morning in the court of oyer and terminer on the charge of having murdered Benjamin J. Peitzel. Judge Arnold presided.
 The commonwealth was represented by District Attorney George s. Graham and Assistant District Attorney Thomas w. Barlow and the defense was conducted by w. H. Shoemaker and Samuel P. Rotan.
 As soon as the formality of arranging Holmes had been concluded Attorney Shoemaker asked for a continuation of sixty days upon the ground of lack of time for preparation. MT. Graham pro- tested against the granting of continu- ance and the other member of Holmes counsel, MT. Rotan, renewed the plea of his associate. Judge Arnold briefly re- piled: "The motion for a continuance is overruled.'
 Shoemaker and Rotan then announced their intention to withdraw from the case.
 TO l1lS JuuBe AE0Olu TcJOilSo llol d member of the bar who would withdraw from a murder case on the very eve of it's trial would be called upon to show cause why he should not be disbarred for un- professional conduct.
 Lawyer Rotans final plea was for continuance until tomorrow, but thls, 100, was overruled.
 It was evident from the judges manner that he believed the withdrawal of Holmes cousel from the case had been decided upon in the event of the failure to secure stay of proceedings.
 The calling of the jury was then be- gun. Enoch Turner was the first tales man and when the district attorney had accepted him as a juror Holmes arose from his seat in the dock and stated to the court that he had discharged his at- torneys and asked for continuance un- til he could secure counsel.
 Judge Arnold declared with consider able firmness that the case must go on today; that his lawyers had no right to withdraw, but if they did he Holmes) could secure counsel in time for them to appear tomorrow The judges declara- tion was made more emphatic by this statement: MT. Holmes, I think you ought to know that I don't want any advice from you as regards this case.'
 Holmes then turned his attention to examining talesman Turner and chal- lenged him peremptorily. Turner was then excused. Frederick Stump, Jr., was the next talesman and he was accepted as juror.
 At this time Shoemaker and Rotan left the court room and thus disregarded the ruling of the court that they could not re- tire from the case and that disbarment would be remedy for such step.
 This left Holmes without counsel, al- though he announced that he had dis charged the lawyers himself and the dis trict attorney conferred with the court ,laf e1A ha
 Everett A. Schofield, who was in the court room. was privately asked by Judge Arnold if he would take up the de- fense
 MT Schofield, who is well known. as criminal lawyer accepted and selected Joseph R. Fahy, young counselor, to assist him. They had taken their seats within the bar and were awaiting for mal appointment by the court when Holmes again arose and protested against this selection upon the ground that the lawyers were not familiar with the case The only alternative was for Messrs. Schofeld and Fahy to withdraw, and this they did.
 The court, in order to get the trial to proceed, stated that Holmes could pro- cure counsel by tomorrow. Holmes, in the course of his efforts to secure delay, had. stated that he could secure the ser vices of Attorney R. c. Moon tomorrow. A selection of a jury was then com DlGteQ, Holmes conducting HIS own case.
 At 1:45 o'clock a jury had been obtained and the court took a recess until D. m.
 The jury is composed of the following:
 Foreman, Andrew Hertel shoemaker; Robert Chambers, carpenter; Robert J. Kinkade florist; Samuel Wood, manufac- turer; Richard Johnson, painter; Lewis Reese farmer; William P. Hansell, wag on builder: James Kenney, machiniSt; Linford Biles, paymaster; Thomas Sloan, driver; John J. Smith, engineer and George D. Clash, soap dealer.
 When the talesmen were being exam ined Lawyer Moon, who has had some connection with the Holmes case, ap- peared in court and had a whispered conference with the prisoner. At it's conclusion MT. Moon stated to the court that while he proba ply knew more about the case than an outsider, he could not undertake the defense without making some preparation.
 As the court had decided that the case must proceed MT. Moon declined to enter into it on short notice, and Judge Arnold excused him. Holmes made another ap- peal to the court for a postponement until tomorrow, but the judge decided against him, and said that as he (Holmes) had discharged his lawyers, he must defend himself.
 What prospects, if any, Holmes has for securing an attorney are not known.
 Holmes exercised his right of challenge, and before the jury was obtained eighteen men had been set aside by him. It was 310 o'clock when the trial was resumed and nearly all of the session, which con- tinued until 4.25. was taken up by Dis trict Attorney Graham in outlining the case to the jury
 The opening address of the district at- tcrney was forcible throughout but his denunciations of Holmes, which at times were particularly severe had no outward effect upon the accused. Holmes com posure was wonderful, and during the narratives he busted himself with taking copious notes of the prosecuting officers address.
 MT. Graham at the outset stated that under the indictment and providing the evidence should warrant it, it would be