The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1895-10-29

did occur in court SO far surpassed all
expectations that the most vivid flights
Of imaginasion could scarcely have con-
coiVod the days eveuti.
ProteStatlons and entreatieB for
continuance OF tina trial summarily
uverruled; the sudden withdrawal OF
the lawyers who had hitherto repre-
lented the prisoner, in the face OF dis.
bsrment; the appointment by court OF
new counsel and the refusal by tho
prisoner 70 accept them rs his deiend'
eI; the declinaiion Of another lawyer
to serve after being selected by
Holmes; aud, finally, the prisoner try.
Ing his own case. This, not 10 speak OF
sundry dramatic passages at arms BIO.
tween Holmes and the commemorative
prosecuting attorney, Ia q summary OF
what occurred.
HolmeG' demeanor throughout, savO
on ono or two occasions, whom no gave
way to slight bursts OF anger directed
at the district attorney, was character.
ICED by that marvellous display OF neryo
which has become associated with his
name. The case had barely gotten
under way when sensation was sprung
by the withdrawal Of tho attorneys for
the defense at tho prisoners request
after they had made an Intellectual nt-
tempt to secure continuance OF tho
trial. lIolmoa then began conducting
his own case. A jury was then i'm.
panCled aud tho court adjourned for
dinner
OPENING STATEMENT.
When the court had roconvOnOd, Dis.
trics Attorney Graham began his open
ing address to tho jury.
After rehoarling tho technical details
Of tho charge as laid down in tho in.
dic,mcnt, aud explaining their legal
meaning, he told them that II was with.
In tAoir power to find ono OF four VOr'
d,c,B, II tho evidence justified them,
maasaurhier, murder In tho second do.
gree, murder In tho fret degree or
acquillal, and no defined tho elements
d each oil tho three crimes. lilo fnlt
assured, however, tllnt after hearing tho
evidence thoy would agree with him
tia, the crimO was murder In Lho iirat
degree. because tie inLont was plain
from tho manner in which tho crinO
was committed. II II was murder at all,
J. was murder in tito first degree.
Proceeding, thn dillrlct attorney out
l,ned tho story OF the crime.
we have charged Ia tho Indictment
tia. tho daio Of tho murder was Sop
'1mbor Q, 1891" no continued. "WO do
not know this positively because tho
body was not di6C0votod until septcm.
Dor I, but tho CTino was committed be.
taONn tho lat ana tho 4Lb."
Tho distric. attorneys next step was
70 outline tho story 81 tho crime from
tho inns of tho discovery ol tho body IN
tho Galnwhill street houao bY Eugono
tmIlh, carpenter, who had bcon In the
employ Of tho dead mnn. Thu body,
burned and blncscnod, was lying Ia IN
attitude oi peucuin rapogo, sal Mr.
Graham, and not u ,lgn % q alrugflo.
Soar by was glass jar broken IN VI by
'NrlIOgoi oxpoaiOn In which PiOi1ol
wnl supposed to have mot Ills death.
4 nfATrEnED TilEonH
Nt Graham shattered lllis theory In
word ny declaring that tho glass wH1
broson from tho inside aud not tho out
edo mud away from tho jar M would
have boon tho cnso lind th0fc rohlly boon
an explosion of tho fumes Of tho clean.
lngnnId II had contained, when found,
tho body WIS badly dccompoael 80
much 10 that tho face was almost DO.
You'd recognition, although tho crime
had been committed only q day ot two
before THIS ML Graham declared,
was part u llolmOi vol laid tchomO,
Ipfil vas found that tho window hal
boon lcil opon aud tho body arranged In
muu no,ltion that TIN rays ~ tho aun
would fail upon II aud hasten docompn'
pIilDn IN truth, everything IN tito
fUUln lad bsan un1al cafgfully arranged