The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-11-02
EXPECT ACQUITTAL.
Popular Opinionis That Holmes
Won't be Convicted.
That His Numbering Pitzel Was
Not Clearly Proven.
=
ARGUMENTS BEGIN.
Prosecutor Graham Outlines the
Commonwealth'S Case.
Rehearses Every Damaging De-
tail of the Testimony.

PHILADELPHIA, Nov. 2-Seats in the
criminal court were at higher premium
this morning than any time since the
Holmes trial began. The series of the
atrical incidents which crowded upon
one another all week, eliminating In
yesterdays climax, where the defense
resolved to go to the jury with
cut evidence, relying on the sup
posed weakness of the commonwealth's
case, had such an effect on the
public that before 7 o'clock this morning
there WAS pushing. surging crowd in
the corridors, waiting and hoping to
gain entrance.
The camera fiend was on hand. How
he got in is a mystery but there he was
up in the gallery with his machine lev
eled on Holmes in the dock.
Contrary to all expectations, the con-
census of opinion last night and this
morning seemed to be that Holmes
would be acquitted Nine out of every
ten persons questioned on the subject, be
they lawyers or laymen, agreed that
Holmes ought to hang ION general prlnci-
pies" enough crimes having been fast
ened upon him, but that the murder of
Pizel had not been brought home to
him beyond a reasonable doubt. Even
bets were being freely, made last night
on his acQuittai.
At 10:i5 o'clock, Mr.. Rotan. junior
counsel for the defense, came into court
and asked Judge Arnold for a few min
utes indulgence, saying that he had just
received word from a neighboring drug
store, that his colleague, Mr.. Shoemaker,
was sick there and he desired 10 joina
him.
He returned half hour later and said
he found Nr. Shoemaker under the care
of a physician, suffering from compless
nervous prostration. He called this to the
. attention of the court in view of point
of law regarding the commonwealth
right to make the closing address to the
jury when the defense presented no evil
dence.
Mr.. Graham, however, ended the quesss
ton by offering to waive his right to the
last speech, and there will be but one ad-
dress on each side, instead of two by the
prosecution.
Col VIM. B. Mann, the venerable pro-
thonotary, whose eloquence when dis
trict attorney years ago sent many felon
! to the galiows, came into court 10 listen
! to Mr- Grahsm's address. This was begun
at 10:55. He opened by referring to the
relief with which the jury must contem-
plate the end of the trial.
II am going to ask you" the continued,
ito give me your best attention and best
thought while ! reason with you about
the evidence and then my young friend
will do the same for the prisoner, The
commonwealth of Pennsylvania is the"
prosecutor in this case and it asks no
victim. If you are satisfied when we
have done that this prisoner did not COM
nit this crime, you must and ought to
Rcquit him.
My task is TO point out from the
evidence the fact conclusively that this
prisoner at the. bar did commit murder.
Z 30 concluSively that there must be no
doubt lurking in your mind, so that you.
as conscientious jurors, shall find but
one verdict-a verdict of murder in the
first degree.
"Ths commonwealth is bound to prove
its case from the initial step down to the
last syllable Of evidence. The common
wealth has done so. One by one we have
established each link, making the chain
complete and perfect"
The district attorney reviewed the evil
dence in detail Beginning with the
question of the identity of the corpse
found in the Callow Hill street house. he
went over the testimony of each witness
who positively said that it was the BODY
of Pitzel. Then he proceeded to the ex-
ploslon theory and the condition of the
p body. which he contended the medical
testimony had proven 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 chloroform poisoning. The next was
that this chloroform was not self admin
istered and this too was proven beyond A
shadow of a doubt by the expert testi.
mony.
Leading up to the motive for the muir
der Mr.. Graham rehearsed in minute de-
tails Holmes every transaction in con-
nection with the Piizel murder, traciL q
his movements from place to place. and
drawing out every little circumstance
that weighed against the prisoner with
Infinite clearness and force.
r. A. When be came to the testimony of Mrs
." -Pltzel he told the jury that never in his
y official experience had he heard such a
sale as that told in the broken sentences
of that despairing hopeless woman whom
he had kept fitting from place to place
In the vain hope of meeting her hus-
band.
Mr.. Graham's address, which was con-
nneo for the most part to a review of the
details Of the evidence, lasted two hours
\ and half. Holmes appeared to shrink
from the district attorneys accusing fin
ger ana nervously shifted in his seat as
the thunderous tone of the prosecutiug o
omeer rang out through the court room.
st. Louis Flyer Wrecked
CHICAGO, Nov 2-Train No k1ou,