The times. [volume] (Richmond, Va.) 1890-1903, 1895-10-29
HOLMES TRIAL BEGINS.
mrs ItWYERs GfyE UP THE CASE
ayDUE CONDUCTS IT HIMSELF.
The Attorneys Have Disagreement WIN
the Judge-Looks Like an hnort
to Delay the Proceedings

cral discussion during the past seVeIai
months, was placed on trial TINS morn
ing In the Court Of oyer ana lefihihei
on the charge OF having murdered benJa-
min II. iietzel. Judge arnold presided.
1he Commonwealth was replessii.eu ~
District Attorney George :. GRAHAM an
Assistant District Attorney InoMdS W
Barlow, and the defence was cohuuc'eu
by w. II. Shot maker anu Saihuei r
Kotan.
Holmes had been concluded, ATTORNEY
Shoemaker asked for a contlnuahce Oh
sixty days upon the ground OF zach Vi
time for preparation. Mir. GrailaH Plo-
tested against the granting OF con-
tinuance. and the other melnp'I OF
Holmes counsel. sir. ROtan, renewed the
plea of his associate.
coSIiSUANcE RTFCsi d.
Judge Arnold briefly replied: 'rhe mo-
ton FOR a continuance Is oVerfuieu.
Shoemaker and Rotan then announces
their intention to withdraw from ihe
case.
TO this Judge Arnold rej0ined that
member Of the bar who would WltnurdW
from a murder case on the very eve of us
trial would be called upon 10 snow cause
why he should rot be- disDarred Tor I'M
professional conduct
Lawyer Rotan's inal plea was FOR
continuance until tomorrow; but this'
too. was ovcTrulec.
Ii was evident from the Judges man
ner that he believed the Withdrawal OF
Holmes original counsel from the case
had been decided upon in the event Of a
failure to secure postpOncirtnt.
The calling Of a jury was then begun;
EnOcn Turner was the first talesman, ana
when the District Attorney had accepted
him a. juror. Eolmes arose from mis-
seat in the dock and stated 10 the Court
that he had discharged his attorneys ana
asked for continuance until ne coAld
secure counsel
Judge Arnold declared with considerable
frmncss that the case must go on to-
day, that his lawyers had 10 right 10
withdraw. tut II they Gid he OlOlmes)
could secure counsel IN time for them 10
appear tomorrow.
The Judges declaration was made more
emphatic Dy this statement:
DtcLISFs HoiMts' ADvIcF.
"Nr. Holmes think YOU ought to I'M
derstand that | don't want any advice
from you as regards this case
Holmes then turned his attention TO eX-
aiming Talesman Turner, and challenged
him peremptorily. Turner was then CA
C-sed
Frederick slump. sr was tine next
talosman, and he was accepted as a
juror.
Al this time shoemaker and Rotan left
| the courtroom. and thus disregarded the
ruling OF the Court that they could not
| retire from the case, and that disbarment
would be a remedy Tor such a step
This left Holmes without counsel al
| charged the lawyers himseln. and the
| district attorney conferred with the Court
as TO what should be done.
Everett \. Schoiield who was I'm the
courtroom. was privately asked by Judge
| Arnold Il he would take up the defence.
MIR. SchOfeld. who 81 Wen known as a
criminal lawyer, accepted. and selected
| Joseph IL. Fahy, young counsellor 10
assist him. They had taken their seats
| within the bar ana were awaiting for
nal appointment by the Court, when
| Holmes again rose and protested against
| this selection. upon the ground the law
yers were not familiar with the case
The only alternative was for Messrs.
schofeld and Fahy tc withdraw, AMI this
the did
The Court. in ordering the trial to pro-
coed, stat that Holmes could secure
counsel by tomorrow. Eolmes, In me
| course Of his efforts 10 secure delay, nad
| stated that ne could secure the services
! Of Attorney X. .. Noon tomorrow.
The selection of a jury was then com
| pleted. Holmes conducting his own case.
Al 1:i5 o'clock a jury had been Oh,
tanned. and the court took recess uhtil
| o'clock this afternoon.
THE JURY SELECTED.
The jury is composed Of the following;
| Foreman Andrew Hertel, shoemaker
| Robert Chambers. carter; Robert ).
| Kinkade. florist. Samuel Wood. manu-
| facturer: Richard Johnson, painter Lewis
| Reese. farmer William +. Hanseil. wagon
builder; James kenney, machlnist I'm
| ford Biles. paymaster, Thomas sloan;
| driver. John j. Smith. engineer ana
! George -. Clash. soapmaker.
When tne talesmen were being examined
Lawyer Moon. who has had some cohiiec
/ ton with the Holmes case, appeared III
| court and had whispered conference
| with the prisoner A. its cohcluslSi "
Moon stated to the Court tha' "A'iI az
probably knew more about llS 80 49,, '' ~
an outsider ne could not UNDERTAKE tn0
defence without making some PioN"'
''G as the Court had decided that the case
must proceed. Mr.. Noon dgclil ~ rntI5
into n OF short notice, ana JuuE. 81 No. nv
/ cxciisod him. Holmes made alollel az
neal 10 The Court for lo7lpoici,,',,. ~
( mia tomorrow. but the Ju4sc -,
against him. and SAID that a. A' 80, de-
! had discharged his lawyers he mus ~
fe,1 himself What prospects u -'.s
Holmes has for securing an attorney "'e
not known.
HOLMES UNAFFECTED.
Holmes exercised his right Of challenge,
} and before the jury VAS Co,aiiit' V'7'' 90
/ non had been set aside by NM -
| ii ,,,ss 3.lD O'Clock when the tflai was
rc>i,incd. and nearly all OF INC Session
| which continued until $500 Cloch' " "a.
taken up by District ATOM No o-'e,'-
I ontlininis the case TO the july. me opt'-
! in,, address, OF the District Attorney wa
| S1ns,,,ihle throughout, but his denuncfatois
/ az Holmes which at times were pd4 n'u-
/ larlr severe. mao 10 ort""i- $500
- accused Holmes composufe was
! wonderful. and during the nallatite ne
! nusied himself in taking c)plous NOTES OF
/ th., prosecuting officers aIlfess. H.,
! Mr. Graham al the outset stated ild'
under the indictment, ana lfCNolhs '.t
! violence would warrant II. II wouli DC
| ,n.sible for the jury 10 find Verdicts
| eirhar Of manslaughter or murder ID lHe
| second degree. Of murder in the nrst ue-
| cree. or Of acquittal. he declared, now =
| over. that he would ask for Nerilct OF
| first degree murder
sIOKY o. THE CRIME.
The District Attorney went into the
J story of Benjamin L. lietzels death ana
! ne Incidents connected herewith al great
| trn5-h he told Of the finding. on sep
TENDER 4, 1884. OF partly deeo NJ iS,.
| ana nutilatod BODY in the mouse 40 ioih
! Callowhill street, in tNis city which was
| e,,-nosed to be the remains OF Il +.
| Perry and who. II was believed, had
| b,en irillel hV an accidental explosion OF
! chemicals: narrated the subsequent send
| ine- ~ "A letter To the Fidelity Mutual Lite
| Association. OF Philadelphia. by JeptAa -.
| Howe. OF ST. Louis an attorney IN Whlcn
| he stated that the body found ~ the
| Cauowhill-street house Vas not that OF a
| man named Perry but was IN reality
| the CORPSE Of Benjamin T. Pictzel. and de-
/ handing, on behalf Of his widow. the $40 70
| ~, insurance which Pietzel had upon his
| life. and followed UP the burial OF the
| BODY In the rOtter's field. lis cxhumdtion
| By the Insurance company, ana It's ldc.Mu-
! ucatiOn as PietZelS remains by Alice
| Fietzel a daughter Of the deceased. and
| by Holmes. Mr.. Graham graphically pic
| tured the many features Of the case. ana
| laid especial stress upon the work Of De
| tectiVe Frank Oier in finding the charred