Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-11-07
HOLMES As A LAWYER.
what Members of the bar Think
His Attempt n Mistake.
Philadelphia Press.l


There has been no feature OF the
Holmes murder trial which has attracted
more attention than the way in which the
prisoner conducted his own defence on
Tuesday. 1t was revelation to many
members Of the Philadelphia Bar. They
read the testimony as reported very care
fully. and studied the ss-questioning
OF Holmes. With not few there was
regret that they could not have been
present on that day. so that they could
catch every detail in the courtroom, and
thus reach better judgment on the abiii-
" Of Holmes as lawyer"
District-Attorney Graham appreciates
the shrewdness of the prisoner and after
Holmes had dismissed his counsel last
Monady he remarked that the man would
be able to conduct his own case with sur
prising intelligence. He added that the
accused knew the value of evidence,
and by nature was adroit. Beside, he had
professional training in medicine and had
been taught in that great school-experi-
ence.
The trial has been followed closely by
r. O. Moon. who was asked by Holmes
to act as his counsel after Messrs Rotan
and Shoemaker had been dismissed. Mr..
Moon declined, after giving what he con-
sidered very good reasons for doing so.
TO. MOONS OPINION.
reporter asked Mr.. Moon what he
thought of Holiness conduct of his own
case He replied:
81 think that Holmes Is a very intelli
gent and shrewd man. His knowledge OF
medicine aided him considerably. and be-
side he had a grasp of the broad prin-
ciples of law. say the broad principles
of law But herein was the situation
Q
! little but material. details which cropped
out in the testimony that a trained law
| yer would not have permitted 10 go 10
the jury. In many little ways Holiness
ignorance of the details operated against
/ him. Let me give you an instance or
two
when Eugene Smith was on the stand
/ ne made a remark of this nature: HIS
| arm lay folded on his chest. as though
some one had placed II there Now. as
| though some one placed IL there' is not
testimony Of fact. but of inference or de-
duction. 1t Is expert evidence. But Smith
was not called as an expert witness. Al
another time Smith spoke OF the WIN
d0ws as though some one had nailed
them This was a deduction In the wit
ness's mind. 1t is left to the jury TO
make the deductions from the facts given
i'm the testimony Of witnesses. So ! may
well while he was shrewd. self-possessed,
and questioned pointedly. his lack Of le-
gal training operated against him. But
| do not wish to be understood as ascrib-
ing TO the District Attorney the desire
OF working in evidence that does not
properly belong there. IL Is neither the
fault of the judge nor of the District At
torney that these details are part of the
record
COLONEL MANN'S IDEA.
Colonel William Is. Mann, whose great
reputation as "A criminal lawyer lends
interest to anything that he has to say
in reference 10 such a case as this. was
asked TO give his opinion on Holiness
conduct of his own defence. The Colonel
answered: Il have been rather indis-
posed lately, and have not given the
case the amount of study that l would
have desired. 1t is a remarkable case.
and undoubtedly Holmes is an unusual
man. do not think that he conducted
his case well. He missed many oppor-
tunities that trained criminal lawyer
would not have allowed 10 slip by
ut is my belief that Holmes is igno-
rant of the law. Simply because he is
intelligent or is a fairly-well educated
man, and has a little knowledge Of the
general principles of the law. does
not alter the case. He could not do
anywhere as well as a trained lawyer.
Ii was not good move on his part. How
ever, ] have no doubt that Holmes had
great confidence in himself. He began
the task, but soon found that the strain
was so great that he could not last. AT
the time he had probably more confidence
in himself than he had in his lawyers.
He called them back when he found that
ne was on the wrong track"
DO you know OF any instance In crimi-
nal annals where an educated man has
defended himself better than lawyers
could?"
Colonel Mann thought little while and
replied II know only Of one instance.
That was the case of Eugene Aram. the
English professor. Aram's defence Is his
toric. and has place In literature. Lyt-
ton has immortalized il. Undoubtedly. Eu-
gene Aram conducted his own defence
better than the lawyers could. He had
surprising amount of confidence and In
telieence. and knew also the principles
OF law. That was wonderful case or
course. trained lawyers would conduct
their own defence with skill but then
trained lawyers are never criminals