New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-10-30

asking these questions was to sustain Wnat Will
undoubtedly be his line Of defence that Pietzel
committed suicide while drunk and because ne
was in many difficulties. He did not get much
support from Smith, the witness had never
seen Pietzel drunk or thought him man who
had any great trouble.
Finally Mr. Graham protested against Holiness
line OF crossexamination as being utterly irrele-
want and without bearing on the case. Holmes
protested that he wanted 10 bring out that he
did not exhibit oodthirsty haste In taking the
scalpe and showing the marks on PietzeTs BODY
at the time OF exhumation at Potters Field. Both
Judge Arnold and the District-Attorney told him
that no such implication had been made against
him, and that he was trying by inference to show
that he had exhibited indecent haste
After a cross-examination of an hour. in which
Smiths testimony not changed by Holmes
the witness was dismissed.
While Holmes was cross-examining Smith Dis
trlct-Attorney Graham careessly placed the
large crayon of Petzel on the table directly be-
fore him. and the prisoner could not avoid seeing
staring steadily at him the face of the man he
is being tried for killing. The sight did not seem
to dsconcert him
EXPERT MEDICAL TESTIMONY.
Dr. William ]. Scott. the young physician who
was called when the body was found was the
next witness. He testified to what was in the
room and the composed position Of the body. with
the right hand over the breast and the left arm
stretched out the floor by the side. The body
was so arranged that both the rising and the
setting sun would stream through the smut
ters directly the face. The theory OF the
prosecution is that the body placed in this
position to hasten decomposition and so render
Identification more dir1cult. The post mortem re-
d,,a 70 oh M
ing Death from such cause would have been
attended with violent struggles and the COM
posed position of the body precluded the idea
that the poison self-administered.
Before the cross-examination of the witness
began the court took recess until 2:3O
Wheil court reassenbl Holmes put Dr. scott
through close examination as to the conditlon
OF the body and the probable causes OF death In
this his knowledge Of medicine helped him ma
terially. bu; he brought out nothing 10 help ms
case. On the contrary, the witness expressed the
opinion that at the time he saw the body petzei ~
had been dead about three days. which Is the
period the Commonwealth alleges elapsed oe-
tween the day PietZel killed and the time
his body found DR. Scott said mat theie
was about an ounce Of choroform found in Pet-
zels stomach. No food was found in the stomach
or any alcohol. although there were evidences
that Pietzel had been incorporate man.
Holmes asked Dr. Scott If at any time he had
expressed the opinion that the body fonnd az
No 1916 Callowhi-st could not have been that
of Pietzel. DR.. Scott replied that he DID not say
this. but that he had said that 1t would nave
been impossible for even q friend TO have recog-
nized the body In the condition 1t was .,
The next witness called was DIR. William H.
MatteIn. physician to the Coroner. Holmes
asked that the physicians testimony be post
poned until tomorrow. as he was an important
witness, and he wanted plenty OF une 10 eN-
anime him.
PIETzEL lied SUDDENLY.
Mr.. Graham objected. and Dr. Mattern Vss
called to the stand. After testfyins to the ey-
terror condition Of the body Dr. Mattern sal.
that the lungs were greatly congested indica.-
Ing that death had been sudden. Half an ounce
more choroform was FOUND In the stomach
He was Of the opinion that the chloroform was
injected into the stomach after death. DR.. Mat
tern described the scene at the eXhCmauon OF
the body at Potter's Field and the active part
taken In the identification by Holmes.
Holmes subjected the witness to a long techni-
cal examinati ton the conditions the stomach
and brain would be In after chloroform poison
ing and excess in alcoholic liquors. For the iirst
time he ened 10 score a point. He asked Dr
Mattern if he had not made report to the
| Coroner that death due to congestion Of the
lungs from the inhalation Of poisonous or noX-
ious gases, and the physician replied that he
had. A moment later DIR. Mattern denied that
he had said this. and Holmes appealed to the
notes Of the stenographer These sustained MN,
and then DR.. Matern explained that he thought
Holmes had asked the question In reference to
other cases. and Holiness point went for moth
Ing. Just az the line OF questioning pegan 10
grow interesting Holmes announced that he was
becoming confused with his own questions. ana
that for the preso1t he would abandon that
phase Of the subject and take II up again by
calling DR.. Mattern as witness FOR himself
AGAINST THE SUICIDE THEORY.
The next witness was Dr. Henry Lehman. an
expert in chemistry, who gave it as his opinion
that a man could not administer chloroform to
himself and then compose himself in a quiet at
titude to await death.
Mr. Graham asked: "Can you, expert,
tell me If this chloroform self-administered
or administered after death?
Holmes objected to this question on the ground
that the position Of the body had not been prop
ery explained to the witness. Mr.. Graham then
again recited the position and Or. Lehman SAID
tina; the chloroform could not have been self
administered under the condition the body was
found in Holmes announced that he would call
DR. Lehman his witness later.
Coroner Samuel II. AshbridSe read the afil
dayits OF Alice Pietzel and Holmes when they
identified the body of Petze. In his affidavit
Holmes said that he last saw Pietzel alive in
November. 1893
Holmes asked the Court II It would not order
two sessions day instead Of three, he was
afraid Of breaking down under the strain and
becoming i'll. He said that he was subject TO
SICK headaches, and that he had been suffering
from one all day. The Court said that session
would be held tonight and the request would be
considered
At 800 the court adjourned until O'Clock.
COUNSEL RETURN TO THE CASE.
The court reconvened promptly at Z o'clock.
Before witness ndu DeeH cdIeu
70 the Court that owing the criticism levelled at
his counsel for Withdrawing he had asked them
to resume charge OF his case In a moment
Messrs Shoemaker and Rotan. the two lawyers
who withdrew from the case yesterday, came into
court The former made an explanation TO Judge
Arnold and he permitted them 10 take up the
case again
The first witness called was William MOebius. a
bartender at a saloon near the house where Pet-
zel was killed On the Saturday before he was
killed Pletzel came In and bought two half pinis
Of whiskey Moebius on that day changed two $40
hills for Pietzel. This fact evidently brought
ont bv Mr. Graham to show that PietZel had