The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-29

ON one or two occasions when he gave
way to slight bursts OF snger, directed
at the district attorney, WINS characterized
by that marvellous display of nervewhich
has become associated with his name
the selecting OF a jury consumed severa
hours. Holmes freely exercising his pre-
rogative of chall lnging, and after twelv,
men had been secured a recess wa
taken.
The afternoon session was devoted
largely to District Attorney Graham
opening address to the jury, in which M
outlined the case IN detail and then sub
jected the prisoner to a scathing denun
citation. Holmes, however, was imper
turbable and sat with his legs crossed
calmly taking notes.
Fl. II. Holmes, who, according to his OWL
remarkable confession. stands at the head
of the list of modern criminals was put
on trial in the court of Oyer and Ter
miner this morning..for the murder OF
Benjamin f. Pitzel. The com monwealth
prosecutors are District Attorney George
8. Graham and Special Assistant Thorn hs
w. Barlow. William A. Shoemaker and
samuel Rotan, young members OF the
bar, appeared for Holmes. Judge Mich
ael Arnold is upon the bench. Only
enough people were admitted to NIL the
court room without uncomf ortasly crowd
ing it. Witnesses from Canada and differ
ent parts of the country were escorted
Detective Frank Geyer, whose travels
through the United States In search OF
evidence against Holmes have been from
time to time published. Promptly at 10
o'clock Holmes was placed in the dock.
He was plainly nervous and looked
around the room with shifting express
ion. Shoemaker asked for continuance.
He urged the lack OF time for prepare
ton. There are three homieide cases
involved in this case, he urged, and
we had only 50 much time as would be
inadequate in preparation of one. F"
1t was expected the present newly dis
covered evidence was OF such vital I'M
portance that Holmes would undoubtedly
be acquitted of this charge. Graham
protested against granting continuance.
He dwelt upon the severe strain under
which Mrs. Pitzel has been put. and said
the examination into her mental condi-
tion made it apparent, were continual
ton granted, the wealthy would
lose its most important witness. Rotan,
of the defense, renewed the plea for re-
spite. This was overruled by Judge
Arnold. Shoemaker and Rotan created
a sensation by saying that If the Judge 8
decision was irrevocable they would
withdraw. Judge Arnold spoiled this by
declaring a mem Der of the bar who would
withdraw from a murder care on the
very eve of trial would be called on to
show cause why he should net ue dis
barred for unprofessional conduct. las
far as the plea of lack of money is con-
cerneo." Graham said, Il have positive
knowledge large sums of money were
offered within the last week to promi-
nent attorney at this bar to come into
the cass as associate counsel for the de-
tense, showing that there are funds al
hand"
:"Will your honor allow the case to &c
er.until tomorrow pleaded Rotan.
.'Call the jury" said the Judge, firmly.
One juror had been admitted by the
ering voice, said to Judge Arnold:
MAY it please the court. / have nc
inclination to continue the trial of this
case with Mr.. Rotan and Shoemaker as
my counsel, feeling that, in view of their
desire to withdraw, my interests would
be damaged. l therefore discharge Them
as my counsel"
'You cannot discharge them, Mr..
Holmes" answered Judge Arnold.
"That is for the court, and if they with
draw from this case they will be pun
ished."
.1f," continued Holmes, in trem nIous
tones, "yourlhonor will give me till to-
1--WE will have no more debate, MIR.
Holmes the matter Is decided -
The examination OF jurors was about to
be proceeded with when Shoemaker
stated that the prisoner formally forbade
them representing him in the case. an
declared he would examine the witnesses
and jurors himself. Judge Arnold said
he would permit Holmes to questl IN the
jurors if he so desired. The first juror
was turned over to Holmes for examina-
tion. He had already stated he had
formed an opinion IN the case, but nes-
ertheless would try it according to the
evidence. Holmes challenged peremp-
icr
cepted by both Graham and Holmes.
Rotan and Shoemaker rose and said they
felt obliged to withdraw from the case re-
CARELESS of consequences.
"You must take the consequences v
said the Judge. They then left the court
suited with the Judge, then called upon
Everett A. Schofeld and J. NJ. Faby,
young lawyers, who agreed to assume thu
great responsibility, with all the aid pos
sible from Mr.. Graham. Holmes OBJ
jected on the ground that, as he knew
nothing OF these gentlemen, he should
not care to entrust himself to them.
"As far as aid from Graham is con.
cerned," he added with unveiled bitter
ness, Il had abundant proof in the pas
year what PROMISED aid from the district
attorneys office means. May l be allowed
q postponement until tomorrow to see r.
.. Noon, who IL already familiar with
Lbe case, anu WuolH hnOW ohu OH
gage?"
"Do you then refuse to allow these
gen Hem en- to defend you?'
II do sir; If | am not allowed con-
tinuance until tomorrow l must ask tc
try the case myself.
''We will go on today said the judge,
"and we will see about engaging Moon
later on
Holmes continued ques tiOning the
Jurors as they came up. His words, wbict
en- braced the usual technical questions,
were we'll chosen. He listened to District
Attorney Graham 8 formal inquiries with
the keenest interest, an almost imper.
Ceptible flush relieving the pallor of the
cheek. Besides the usual questions as to
whether or not the jurors had formed any
opinion as to tire guilt or innocence OF
the prisoner and the entertainm ent of con
ecientious scruples against capital pun
lshment Holmes also asked: Have you
visited the dime museum at Ninth and
Arch streets?"
The reason for this question was the
fact that there has been on exhibition in
the museum for some weeks counter
part OF Holmes, THE Multi Murderer, -
rs he IL there called, together with
models of the Irvington, Ind, house and
the Chicago castle" All who had seen
these were peremp torily challenged by
Holmes. AT the suggestion of Mr.. Gra-
ham, he also asked each man whether or
not he bad read the book called Holmes
Own Life, supporting to be an autobiog-
Iaphy of the defendant. After one of
these questions Holmes said with su bdued
force: LAT the proper time and p.ace to
have neither published nor authorized
the utilization of any sucn hook