The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1895-10-29

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| this case. The defense Is not PIE
| pared"
Judge Arnold promptly replied:
''The motion for a continuance is
overrnled."
He briely called attention to the fact
that the defen G had been fully apprised
that NO such motion would b. enter
tanned Such was still the case.
Mr.. Shoemaker and Mr.. Rotan, then
created mild sen alton by saying in
turn to the court, if the judges decision
was irreyocable they would withdraw
from the case, but Judge Arnold poiled
this boomerang by declaring that a
member of the bar who would withdraw
| from murder case on the very eve OF
| its trial would be called upon to show
cause why he should not be dlsbarred
for unprofessional conduct.
"Wlll yoor Honor allow the case to
go over until tomorrow morning.
pleaded Mr.. Rotau.
"Call jury, echoed the judge,
frmly-and the calling Of jury was
begun.
One juror had been admitted by the
commonwealth, when there wss.anoEher
sensation.
| Holmes arose in the dock aud. in q
quavering treble voice, said to Judge
Arnold MAY it please the court, |
| nave no inclination to continue WITH the
| trial of this case with Mr.. Rotan and
| Mr.. Shoemaker as my counsel. feeling
| that, IN view of their desire TO with
draw, my interests would be damaged.
| I therefore discharge them as my coun
sell"
This device alike roved Ineffective.
"Y0u cannot discharge them, Mr..
Holiness answered Judge Arnold.
That is for the court, and II they
withdraw from this case, they viii be
punished" :"
'Tf," continued Holmes, his tones
still more tremulous, 'if your honor
will give me until to morrow to secure
ad3iti nal counsel -"
stWe will have no more debate, Mr.
Holmes; the matter is decided"
Tue examination of Jurors was about
TO be proceeded with when Shoemaker
again arose and stated that the prisoner
absolutely forbade them from repre-
senting him in the case, and declared
that he (HoImeO would examine tie
Jurors and witnesses himself.
Judge Arnold said he would permit
Holmes TO question the jurors, if he so
desired, while counsel considered the
question of their proceeding"
| Holmes armed himself with pencil and
aud paper, and Eaoch Turner, the first
juror was turned over to him for exam
lnation and after several questions was
challenged peremptorily.
At this juncture, Messrs Rotan anC
Shoemaker arose and declared that they
felt obliged to withdraw from the cast
regardless of consequences.
lyon must take consequences then,
said the Judge and the two lawyers with
out further ado, left the court room.
Still determined TO brook no della
however, the commemorative officers
consulted with the Judge and then called
upon Everret Shoefield and j NJ. Fahy
young members of the bar, who agreed
to assume the grave responsibility with
all the aid possible from Mr.. Graham.
Holmes, however, objected on the
ground that as he knew nothing Of these
gentlemen, he did not care to entrust his
life to them.
ssAs far as aid from Graham is con.
cerned,p he added with unveiled bitter.
ness, II have had abundant proof il the
past year what promises Of aid from the
District Attorney Office means. May
be allowed postponement until to NOR
row to see Z o. Moon, who is already
familiar with the case and whom / know
| can engageT
"Do you then refuse to allow these
gentle men to defend you2"
II do, sir II / am not allowed tbs
continuance until to morrow, must ask
to try the case myself"
"Well, We will go on to day" said the
Judge, "and we will see about your en-
gaging Mr.. Moon later on"
The examination of jurors was ther
resumed.
Holmes continued questioning the ju
rors as they came up, and gave every
evidence Of being a man of education
and refinement. His words, which EN-
braced the usual technical questions
were well chosen and well pronounced
There were not nearly so many chal
lenges as we're anticipated, and up tt
1915 p. m nine jurors had been &C
cepted At this time lawyer z o Moor
came into court, and, with the assent o
the Common wealth's officers and the
Judge, held whispered consultation witt
the prisoner, at the conclusion of which
he addressed the court. He admitted
having been consulted in the case, anC
said he knew probably more about il
than any outsider. He would be glad to
take up the defense Of the prisoner, but
in view of the foreign elements entering
into the case, such thing was practi
cally impo sible without continuance
until some future date.
Judge Arnold reiterated that the cas-
should proceed without delay, and Mr.
Moon replied that in that event he fel
constrained to decline to participate in it
Again the calling of jurors was resum
ed, and at 1910 O'Clock, after eleven o.
the necessary twelve jurors had been SO
cured. II lines peremptorily challenged
the first two selected, and they wer'
stood aside
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