Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-10-31
MESHISOWNCOUNSEL
Startling Turn Of Affairs in the Trial
Of the Famous Prisoner.
DROPPED HIS LAWYERS IN COURT
Judge Arnold Refused to Allow
Them to Withdraw.
TWO OTHERS ASSUMED THEIR PLACES


Sensational Proceedings in the Opening OF
the Trial of the Famous Insurance Swind-
ler, Holnes, IN Philadelphia, This Morn
ing-The Prisoner Discharges His Lawyers
In Open Court and Assumes His own
Defence.
Philadelphia, Pa, Oct %. H. H.
Holmes was put on trial in the court
of oyer and terminer this morning for
the murder of BENJAMIN +. Peitzel.
Arraigned against him as the common
wealth prosecutors are District Attor-
ney George S. Graham and special as
sistant Thomas w. Barlow, whilo tho
counsel for the prisoner were William
A, Shoemaker and Samuel p. Rotan,
young members of the bar OF this city.
Judge Michael Arnold is upon the
bench. Promptly at 10 O'Clock court
was formally declared open. Judge
Arnold, clad in his long black gown,
the wearing of which is a new de-
parturs with the Philadelphia judi
ciary, was in his seat
A moment later, the iron door of the
large "cage' leading from the cell
room changed, and Holmes was brought
in by a tipstaff and placed in the
smaller dock in the centre of the room,
AT TnB tOTntT VI thD Jury PbAf
Immediately back of his attorneys
table and surrounded by the desks OF
j the newspaper reporters. A stalwart
officer stood at either side of the dock.
Holmes, who has grown full black
beard since his confinement in Moya-
mensing prison, looked pale and wan,
hut Immediately neat. His hair was
carefully parted, his beard trimmed
almost to point, and the black
cheviot suit he wore was scrupulously
clean. He was plainly nervous. Oc-
easionally, he would lean forward and
address whispered word to his coun-
sci.
District Attorney Graham asked
that the trial proceed. Holmes was
then ordered to rise, and was formally
told of his right to challenge jurors.
He received the information i'm.
placably.
The moment this formality had beer
concluded, Mr.. Shoemaker arose ano
asked for continuance of the case.
He urged as his basis, the lack of tint
which had hampered tho preparation
of the defense.
Judge Arnold promptly replied
"The motion for continuance is over
ruled, - He briefly called attention t.
the fact that the defense had been full.
appraised that no such motion would b.
entertained.
Mr.. Shoemaker and Mr.. Rotan, thei
created mild sensation by saying il
turn to the court, il the judges de
cision was irrevocable they woult
Withdraw from the case, but Judg
Arnold spoiled this boomerang by de
claring that member of the bar VIII
would Withdraw from murder case o.
80 &c fria al would ha pnllp
upon to show cause why he should no
DO disbarred for unprofessional con
duct. Counsel did not appear anxiou
to accept this alternative, but befor
they could reply, Mr.. Graham arose.
las far as the plea of lack OF none
is concerned" he said, 81 have posi-
tive knowledge that large sums G
none, were offered within the las
week to prominent attorneys at thi
bar to come into the case as associat
counsel for the defence, showing tha
there are funds at hand. "
''Call iury," said Judge Arnold.
.'Will your honor allow the Gaze
go over until tomorrow morning?
pleaded Mr.. Rotan.
"Call jury" echoed the judg,
firmly, and the calling of jury wa
begun.
One juror was admitted by the Con
monwealth, when there was anotbe
sensation. Holmes arose in tho doc
and in quavering treble voice, sal
to Judge Arnold:
MAY it please the Court, l have I
inclination to continue with the trl
of this case with Mr.. Rotan and NJ
Shoemaker as my counsel, feeling tina
in view of their desire to Withdraw n
interests would be damaged. l Their
fore discharge them as my counsel. =
This device alike proved ineffectiY
"You cannot discharge them, M
Holiness answered Judge Arnol
"that is for the Court, and If th,
withdraw from this case, they will
Z, punished
"If," continued Holmes, his tot
still more tremulous, "if your hon
will give me until tomorrow to eecu
additional counsel
Il 1--WE will have no more debate, M
Holiness the matter is decided.
The examination of jurors was abo
TO be proceeded with when Shoemak
again arose and stated that the pr
oner absolutely forbade them from re
resenting him in the case, and dec.ar
that he, (Holmesl would examine I
jurors and witnesses himself.
Judge Arnold said he would perm
'ltClmes TO question inc jurors.
Holmes armed himself with pen
and paper, and Enoch Turner, the fiji
Juror, was turned over to him for {
animation. Holmes began with t
surprising queries:
MIR. Turner, are you MARI
man; are you physically well are y
in condition to serve in this case vii
out delaying itY"
Receiving satisfactory answers,
took up the question of his havi
formed an opinion and challenged p
emptorily.
At this iuncture Messrs. Rotan a
Shoemaker arose and declared Il
they felt obliged to Withdraw from
case. regardless of consequences.
s'You must take the consequence
them" said the judge, and the t
lawyers, without further ado, left
court room.
Still, determined to brook no del
the commonwealth officers CONSUL
with the judge and then called vi
Everett A. Schofield and j. M. Fa
young members of the bar, who agr
to assume the grave responsible
with all the aid possible from
Graham.
Holmes, however, objected, on
ground that as he knew nothing
these gentlemen, he did not care
entrust his life to them. AS fai
aid from Graham is concerned, E"
added, with unveiled bitterness,
have had abundant proof in the |
year what promises of aid from the
trict attorneys office means M;
4 - 10,