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

The Jurors were then sworn Individual
IL and the court took a recess until 3
o'clock.
When the court had ro-convened Dis
trict Attorney Garham began his opening
address to the jury. After rehearsing the
| technical details of the charges as laid
! down in the Indictment and explaining
| their legal meaning he told them that
it was within their power to find enc OF
| four verdiots, if the ev tdence justified
| them: manslauEhter. murder in the Sec
ond degree, murder in the first degree, or
acouittal; and he defined the elements
of each of the crimes. He feit assured.
however, that after hearing the evidence
they would agree with h i'm that TIL
crime was murder in tn e first degree,
because the intent was plain from the
manner in which the crime was commit
ted. If it was murder at all it was muir
der in the first degree. Proceeding. the
district attorney outlined the story of the
crime.
1--WE have charged in the indictment
that the date of the murder was Septem-
Der =, 1894 - he continued. 1--WE do not
know this positively, because the body
was not discovered until S'eptcm Der 4th.
but the crime was committed between
the LIST and the 4th.
= The district attorneys next step was
to outline the story of the crime, from
the time of the discovery OF the body in
the Callowhill street house by Eugene
Smith, carpenter, who had been in the
employ of the dead man. The body
burned and blackened, was lying in an
attitude of peaceful repose, SAID Mr.. Ora
ham, without u sign of o struggle. Near
by was glass Jar, broken, as II by the
alleged explosion in which the victim
was supposed TO have met his death. Mr..
Graham shattered this theory in word
by declaring that the glass was broken
from the inside and not from the outside,
and the pieces were not thrown away
from the jar, as would have been
the case had there really been an explo
sion from the fumes OF the cleaning fluid
il had contained. When found the body
was badly decomposed. SO much so that
the fuue was almost beyond recognition,
although the crime bad been committed
only day or two before. This, Mr..
Graham declared, was part OF Holmes
we'll laid scheme, for it was found that
the windows had been left open and the
body arranged in such a position that
the rays of the sun would fail upon it
and thus hasten decomposition. In
truth, everything in the room had been
most carefully arranged. Not by the
dead man." Numbered the district attor-
ney, "but by the living-the destroyer"
Passing to the time of the autopsy. Mr..
Graham related how the coroner's physi-
clans had found the lungs oongested, the
heart empty-proying that death bad
come suddenly-and the traces of chloro-
form Ill tne stO uafn, tVlueubiy lHJeCteu
after death, because III a living stomach
virilation would have been produced,
which was not apparent In this case.
Mr.. Graham detailed the forming of the
alleged conspiracy before the murder to
defrsud the insurance company by the
substitution of a uody for that OF Pitzel,
and enlarged upon it and its many RAM
hcations at considerable length. He pur-
sued the history of Holmes various
movements. the disappearance of the
Pitzel children ana the many conflicting
stories told by Holmes, all of which have
been fully published.
Throughout the district attorneys ad.
dress Holmes sat with his legs crossed.
taking copious notes and listening with
intent interest but without shade OF
expression even when Mr.. Graham's re-
sonant voice rang out the most scathing
denuncations.
District Attorney Graham spoke for an
hour and twenty-five inmates, concluding
at 4 AS o'clock in the afternoon. He then
had brief talk with the judge ana
agreed with him thas III view OF the late
ness of the hour it would be ineXpedient
to begin the taking of testimony, as the
examination OF the first witness would be
interrupted by the supper recess. 1t was
therefore decided to adjourn court until
10 o'clock tom orrow.
When this became known to Holmes,
he arose in the dock, and the last sensa-
incidents occurred.
May it please your honor" he began,
his weak voice vibrating with the emo
tion which his wonderful self-control
prevented from betraying in his face, 81
am forced to ask certain privileges be &C.
corded me in prison. They are not very
extensive privileges. | must ask the
district attorney to allow me to have in
my cell, light, paper and writing ma
terials that l may be enabled to prepare
my case. And | ask also that the priv
ilege of sending or having some one con-
nected with the court sent to Fort Worth,
Tex, for certain papers essential to me-
how essential, did not know until l
heard Mr.. Graham's address this after
noon.
Again l ask that l be furnished with
a list of the witnesses to be called by the
com IN on ealth."
81 decline to give that" said the dis
tr CT attorney, alphabetically. Il will fur
nish that to nobooy.'
Then, continued Holmes, II repeat
my request for an interview with a GER
tain party-the party l spoke of this
morning." And observing an inquiring
look of Mr.. Graham, lie exclaimed sharp
ly and with defiant gaze at that off cial,
my wife,"
(Which wife?" retorted the district
attorney, sharply.
There was a suspicion OF tears in the
voice of the friendless man as he re-
sponded with bitterness that was real:
~ on we'll know whom | mean, Mr..
Graham. The person. you have seen fit
to designate as Miss Yoke, thereby cast
ing slur on both her and myself
'She will not see you" the district at
torney declared. "You had the opportu-
inty to sperk to her In my office and she
Stunned you"
81 never had," Holmes continued. IT
say that | was legally married to this
woman two years ago and there has been
no separation except that brought about
by you, M. Graham. At least" he
pleaded, and there was no one in the
corwded tribunal who could for the mo-
ment repress feeling of pity for the uu-
fnortunate man, "aJ least allow me to
write and ask her, SO that she may an
swer and L can read in her writing that
she does not want to see me-"
''She told you so to your face, ex-
claimed Mr.. Graham.
: II beg to differ with you, SIR" and an
angry flush for an instant suffused the
cheeks banched with prison pallor.
Here Judge Arnold interposed.
Mr.. Holiness he cried, ''you will be
allowed to write a letter to her and it will
be sent by one of the court otficers."
Il do not want 1t taken by any officer
who is any way connected with the dis
trict attorney" said Holmes, with look
of soorn at Mr.. Graham.
You have had every opportunity of
speaking to her." the latter repeated. at
is indifferent to me whether you see her
or not
S.Tbon