Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-11-02
Mr.. GRAHAM ARGUES
Reviewing the Evidence in the
Holmes Case.
UNPRECEDENTED RUSH FOR ADMISSION
Opening Of the Gallery to Accom-
modate the Public.
SHOEMAKER IS FRUSTRATED

PHILADELPHIA, November 2-Seats in
| the criminal court were at a higher pre-
| MUM this morning than at any time since
| the Holmes trial began. The series of the
atrical incidents which crowded upon one
another all week eliminated in yesterdays
climax, where the defense resolved to go to
the jury without evidence, relying on the
supposed weakness of the commemorative S
| case, had such an effect on the public that
before Z o'clock this morning there was
pushing, surging crowd in the corridors,
| waiting and hoping to gain entrance. Ev-
erybody understood that when the argument
| would begin, upon the assembling of court
| today, the opening address to the jury by
District Attorney Graham would be the eff
fort of his life.
For the first time since the trial began last
Monday the gallery was opened to the public
having the necessary credentials to pass the
police lines, after the lower floor had been
filled. hIost of the spectators therein were
women.
The camera fiend was on hand How he
got in is mystery, but there he was, up in
the gallery, with his machine leveled on
Holmes in the dock.
Holmes AcGuittaI Predicted.
of opinion last night and this morning
seemed to be that Holmes would be acquit-
ted Nine out of every ten persons ques-
toned on the subject, be they lawyers or
laymen, agreed that he ought to hang ION
general principles" enough crimes having
been fastened upon him. but that the mur-
Ger of Pitezel had not been brought home to
him beyond reasonable doubt Even bets
We're being freely made last night on his
acquittal
When the jury filed into court a moment
after 10 o'clock this morning they looked
tired and unkempt, and there a thin
growth of beard on every cheek. There was
uniform expression in their twenty y-four
eyes-an expression telling of resignation to
present misfortune and hope for the near
future.
At 1915 o'clock Mr.. Rotan, junior counsel
for the defense. came into cCurt and asked
Judge Arnold for few minutes indulgence,
! saying he had just received word from a
neighboring drug store that his colleague,
Mr.. Shoemaker, was sick there and he de-
sired to join him.
Mr.. Rotan himself showed the strain un-
der which he has labored. Dark rings en-
circled his eyes and his face was pale. He
returned a half hour later and said he had
found Mr.. Shoemaker under the care of a
physician, suffering from complete nervous
proStration. He called this to the attention
of the court in view of a point of law re-
garding the commonwealth's right to make
the closing address to the jury when the de-
tense presented no evidence.
Mr.. Graham, however ended the question
by offering to waive his right to the last
speech, and there will be but one address on
each side, instead of two by the prosecution.
Col. William B. Mann, the venerable pro-
thonotary, whose eloquence. when district
attorney years ago. sent many felon to the
gallows, came into court to listen to Mr..
Graham'S address.
District Attorneys Opening.
This was begun at 1855 o'clock. He OPEN
ed by referring to the relief with which the
jury must contemplate the approaching end
of the trial Il am going to ask you," he
continued. Ito give me your best attention
and your best thought while 1 reason with
you about the evidence, and then my young
friend will do the same for the prisoner.
THE commonwealth of Pennsylvania is
the prosecution in this case and asks
victim. If you are satisfied when have
done that this prisoner did not commit this
crime you must and ought to acquit him.
my task is to point out from the evidence
the fact conclusively that this prisoner at
there must be no doubt lurking in your mind
so that you, as conscientious jurors shall
find but one verd.ct-a verdict of murder
in the first degree. The commonwealth is
bound to prove Its case from the initial step
down to the last syllable of evidence. The
commonwealth has done so. One by one
we have established each link making the
chain complete and perfect"
Reviewing the Evidence.
The district attorney reviewed the evidence
in detail. Beginning with the question of the
identity of the corpse found in the Callowhin
street house, he went over the testimony of
each witness, who positively said it was that
Of Pitezel. Thence he proceeded to the ex-
plosion theory and the condition of the body.
which, he contended, the medical testimony
had incontrovertibly proved could not have
been produced except by chloroform
Thus, he said, the jury reached the first
step in the case-that the man died of chic
roform poisoning. The next was that this
chloroform was not administered, and
this, too, was proved beyond a shadow of
doubt by the expert testimony.
Leading up to the motive for the murder
Mr.. Graham declared that the common
wealth of Pennsylvania was the prosecutor
IN this case and not the insurance COM
pany, which was merely the dupe
Mr.. Graham rehearsed in minute detail,
Holmes every transaction in connection
with Pftezers murder, tracing his move
ments from place to place, and drawing
out every little circumstance that weighed
against the prisoner with infinite clearness
and force.
When he came to the testimony of Mrs.
Pitezel, he told the jury never in mis- Off
as that told in the broken sentences of that
despairing, hopeless woman-that will-o'-
the-WlSp-whom he kept flying from place
TO place In the vain hope of meeting her
Ing with him three separate detachmsuts.
Mrs. Pitezel Miss Yoke and the children.
all within four blocks Of each other, almost
travelling together, under Holmes leading
strings. and yet each party ignorant of the
presence of the other two
w nat marvellous ingenuity, what craft
what cunning cried the strict attorney
ny did ne resort to all this duplicity?
Why did he adopt SO many subterfuges and
why did he tell these many stories? 1t was
because he had murdered Benjamin F.
Pitezel''
Mr.. Graham declared that there was NOT
one word of evidence to show that Pitezel
lad committed or even contemplated sui
c.de By the statements of Holmes him,
self. made more than once, the speaker de-
clared> his presence in that house on the
day of the murder had been fixed. From 1C
O'Clock on that Saturday morning to 4 in
tho afternoon he was in the CNlowhill
street house. This was fixed by his own
statements, and his questions to Miss Yoke
on the witness stand, leading her on to say
that he was hot fiushe1 and excited when
he returned home that afternoon.
In conclusion Mr. Graham said he desfr-
ed the iury to consider only the evidence