The record-union., 1895-10-29
Arraigned at the Bar of Justice in
a Philadelphia Court.
CHARGED WITH THE KILLING OF
B. F. .PIETZEL
Counsel for the Defense Ask to With
draw From the Trial, the Court
Annointfng Two Other Attorneys
to Take Their Folace.

Take Ih6lr EIacSs
PHILADELPHIA Oct. 2S.-Herman
w Mudgett, alias Ii. II. Holmes. WAS
arraigned at the bar of justice of the
Criminal Court of Philadelphia to-day to
defend his life against the charge OF hav-
ing murdered Benjamin +. PietzeI IN
this city on the I'd of September. 1874
The widespread publicity given this sem
sational case attracted a great throng OF
people to the corridors Of the City Hail
leading to the courtroom, but IN antlcl-
patton of the crowd of morbid people
who are attracted by the spectacle OF a
man battling for his life as are moths
around the candle, cordons of police
guarded all the entrances and only those
having business in the courtroom were
admitted. The very opening OF the trial
furnished an unusual incident In court
proceedings, and was in keeping WIN
the strange phases that have made this
case unique IL the criminal records OF
the country. Directly after the prisoner
had been placed in the dock and Judge
Arnold had taken his seat upon the bench
Holmes two attorneys asked Tor con-
tinuance OF the case. This was refused,
as there had already been more Than
enough OF the laws delays, and Judge
Arnold ordered the trial proceeded with.
Then the Defendants lawyers an
Dounced they would Withdraw from inc
case The Judge Expressed his surprise
at tsuch unprecedented action at the be-
ginning of a murder trial, and told tho
two attorneys that il they withdrew they
placed themselves in jeopardy OF being
disbarred. Nevertheless. with the pros
pect OF disbarment, the two lawyers per-
sisted in their refusal 20 conduct the case
and left the courtroom. Inc court tnere-
upon appointed two others 10 conduct the
prisoners defense.
Although accused of crimes that would
revolt q barbarous savage, there was some
thing pathetic in the picture made by
Holmes at this point. Slender, erect ana
more youthful than his pictures make
him appear and with all added delicaCy
given his naturally clear cut and refined
lace by his long confinement IN prison,
Holmes arose 10 his feet and addressed
the court His voice was weak and
0uiyerinC like that of a man who mad
been i'll and hardly carried the short dis
tance that separated him from the court.
He announced that he would not accept
the LAWYERS appointed by the court and
that he would conduct his own defense.
A hum of astonishment went around the
courtroom but alone and without a
friend by his side, the nerve that has en-
abled this man TO leave behind him a
trail of dead without q show Of compunc-
ton or remorse. bore him up under the
trying ordea! OF the deserLion OF his
counsel.
Holmes exercised his right of chal-
lenge. and before the jury was oDtalned
eighteen men mad been set aside by MIN.
y hen court reconvened Holmes sat IN
the dock busly engaged in taxing notes
during his terrible erraignment by the
District Attorney, IN his opening argu-
ment. An occasional flush that sutfused
his cheek, and once in While sllght
lifting of the eyebrows when the DIS
trict Attorney became particularly earn
est were the marks of emotion eXhIO-
tied by Holmes. " hen the Distrlc5 At
torney had concluded his argument
Holmes requested that he be allowed
a light and writing materials III his cell
in the county prison. This was granted
him, and then Holmes asked TO be al
lowed 10 see his wife.
A sharp interchange OF dialogue oc-
CURED between the prisoner and Dis
trict Attorney as 20 which wife he wanted
10 see, and finally Holmes was driven
10 say that il was the last woman who
had been deceived into marrying him.
He obtained q promise from the court
that letter should be gwen her tonight,
and, If she would comply, an answer
should be sent to him from her.
After the formaliIieS in connection with
the opening of court had been concluded,
Attorney ". II. Shoemaker OF counsel
for the defense, in an address OF some
length. asked for a postponement foI
sixty DAYS. Mr.. Shoemaker's contention
was that the defense was not prepared for
trial: that no witnesses were present.
District Attorney Graham strenuously
opposed the motion. he declaring that the
States witnesses were present at their
own volition, and that il a continuance
should be granted 1t would mean 1.-THE
absolute destruction OF the common
wealth's case"
Mrs. PieIzePs health was impaired,
Mr.. Graham further said, and II the case
should be postponed the strain would in
tensiiy her illness.
Lawyer Samuel p. Rotan, for the de-
fense, also pleaded for time III which he
and bis colleague could realize on
Holmes assets ana thus bring witnesses
30 Philadelphia, who viii not come unless
their expenses are paid
Judge Arnold overruled the motions
for uostponement in a very few words,
and ordered the trial TO 90 on. just at
this juncture, startling climax was
reached which resulted in the withdrawal
OF Lawyers Shoemaker and kotan from
the case, Notwithstanding an Injunction
from the court that they would be open
TO disbarment 10y taking such step ''on
che eve OF murder trial" Still further
sensation was created when Holmes re-
fused to accept the services of Attorneys
Everett A. Schoiield and Joseph X. ia
hey. whom the court was about 10 ap-
point TO defend him and who IN fact had
taken seats in the chairs vacated by
Messrs. Shoemaker and Rotan. Scho-
field and Fahey also withdrew. holmes
himself pleaded 10 the court for post
ponoment but the Judge declared tha
the case must go on.
Judge Arnold here stated that this
would be no farce, but trial, and agaiI
directed that the jury he called and the
prisoner tried on the Indictment Ih'
Irst Juror called TO be examined was
Enoch Turner, q conductor. District At
torney Graham said he desired TO state Il
the juror, and ask the attention OF othel
jurors at the same time 10 avoid the ne
cesslty OF repetition, that the case aoou
10 be tried was hat of the Commonwealth
VS.. Herman W Mudgett, alias Ill. ii
Holmes, charged with the murder o
Benjamin +. PietZel. After asking th'
juror several question, the District AT
tarney turned aim over 10 the defense
but Attorney shoemaker, addressing
Judge Arnold. said "Will you allow this
case to go over until tomorrow, In orde
TO make what preparation we can will
regard to it?"
The court: "The case must go on"
At this point Attorney Roian informed
the court that the prisoner wished to bC
heard. and Holmes, rising from his seat il
the dock aud addressing the court, said
MAY it please the court, l have no liz.
clination to ask the counsel TO continue il
the case where ] can see it will be apains
their own interests. Bearing this fact il
mind. / have within the last lew mornen Z,
discharged them from the case''
The court-They cannot be discharged
from the case, and il they leave the cour
they will be punished as lawyers are pun.