The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-11-07


iV:V0 O'clock. he opened by referring to
tne teilel WITH which the jury must con-
d, templaIe the approaching end of the
.!taL I am Going to ask you." he con-
onueu 20 give mt. your best attention
ah1 your best thought while l reason
WIN you about the evidence, and then
my young friend will do the same for
the prisoner.
Inc commonwealth of Pennsylvania
IS me prosecutor in this case, and it has
no victim II YOU are satisfied when we
haze done that the prisoner did not com
nit thiS crime, you must and ought to
acquit him.
My task is 10 point out from the evil
dence the fact conclusively that this
prisoner at the bar did this murder-so
conclusively that there must be no doubt
lurking In your mind-so that you, as con-
scientious jurors, shall find but one YER
dlct-a verdict of murder in the first de-
gree. The commonwealth is bound to
prove its case from the initial step down
| to the last syllable of the evidence. The
commonwealth 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 ques--
ton of the identity of the corpse found
in the Callow Hill house he went through
with the testimony of each witness, who
positively said it was that of Pietzel.
Thence he proceeded to the explosion
theory and the condition of the body,
which he contended the medical testi-
mony had incontrovertibly proved could
not have been produced except by chloro-
form. 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-ad-
ministered, and this, too, was proved be-
yond a shadow of a doubt by the eX-
pert testimony. Leading up to the motive
for the murder, Mr.. Graham related in
every detail Holmes transactions in con-
nection with the murder, drawing out
every little circumstance that weighed
ness and force.
When he came to the testimony of
Mrs. Pietzel, he told the jury that never
in his official experience had he heard
such tale as that told in the broken
sentences of that despairing, hopeless
woman whom he had kept for weeks and
weeks flying from place to place in the
vain hope of meeting her husband. And
all the while he was carrying with him
three detachments, Mrs. Pietzel and Miss
Yoke and the children, all within four
blocks of each other. What marvellous
ingenuity, what craft what cunning"
cried the district attorney. "Why. did
he resort to all this duplicity; why did he
resort to so many subterfuges, and why
did he tell these many stories? 1t was
because he had murdered Benjamin f.
PietZel."
Mr.. Graham declared that there was
not one word of evidence to show that
PietZel had committed or even contem-
plated suicide. By the statements of
Holmes. himself, made more than once,
the speaker declared, his presence in that
house on the day of the murder had been
fixed. From o'clock on Sunday until
4 he was in the Callow Hill 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, flushed and excited when he returned
home that afternoon. In conclusion, Mr..
Graham said he desired the jury to con-
slider only the evidence connected with
the murder of Pietzel at the Callow Hill
house and nothing else. He paid a glow
ing tribute to Detective Geyer for his
work in unfolding the story.
"This strange trial is drawing rapidly
to a close The question is, has the COM
monwealth made out it's case. L have
tried to convince you that it has; L ap-
peal to your manhood to do what is right.
"As the crier asks, so do L say, stand
together good men and true. l ask you
to stand as men and if you believe this
man is guilty; aye, though it involve
death, be true to your conscience and find
n true and a Just verdict. | ask you to
| do your duty as men, even though 1t be
repellant, to face the issue, to face the
duty and acquit yourselves like men:
If you have a doubt, this man is entitled
to the benefit of it, but not such doubt
as arises from the performance OF an
unpleasant duty. l ask you to remem-
Der this testimony; | ask you to remem-
Der that it is uncontradicted, unchal-
lenged. admitted. In the face of that
testimony there can be but one conclu-
sion, that this man is guilty in the man
ner and form as he stands ind 'cted.'
Mr.. Graham's address, whiC;' was con-
fined for the most part to . rrJieW OF
the details of the evidence, listed two
hours and half. Holmes appeared to
shrink from the district attorneys ac-
cusing finger and nervously shifted IN
his seat as the thunderOus tones of the
prosecuting officer rang through the
| court room.
At the conclusion of his address re-
cess was taken until 2:3O p. m.
Upon court reconvening there was not
an inch of space in the room that was
not occupied and the doors were locked
to prevent the entrance of more. One
of the peculiar features of the trial has
been the number of society women pres
ent to witness the proceedings, and today
there were more than ever before. In
ordinary murder trials there are rev,
| if any, women present.
The afternoon session was begun at
2:45 D. m. When Mr.. Rotan, after a
brief conversation with Holmes, began
the argument for the defense he was
very male but self-possessed and received
admiration for the pluck and endurance
with which he fought, practically single
handed, against the mighty force OF ln iti
commonwealth evidence and the ski
and experience of the dlstrlct attorney
His colleague, Mr.. Shoemaker, who
throughout, has taken an inferior part ~
| the case, was absent today on account OF
his illness, and Mr.. Rotan was entlrely
alone. There was pathetic note IN tne
way he began.
Gentlemen of the jury; there is prob
ably no one in the room who can fully
appreciate the great responsibility rest,
ing upon my shoulders. Yet each OF
YOU has a greater responsibility.
He Immediately entered upon discus
sion of the evidence and said the defense
nlainly admitted that the body found al
the Callow Hill street house was that OF
Pietzel and that he and Holmes had beer
CONSUMING to defraud insurance com
NAMES and at the time of this occur
rencp had such scheme on hand. BE-,
They also admitted, Mr. Rotan SAID
the story of Holmes wanderings around