Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-10-29
HOLMES AT THE BAR.
he Is AfraiSnod on the Charge Of Huf.
deFirs Pietzel
HIS ATTORNEYS LEAVE HIM.
They Ask for Continuance, Which
Court Denies, saying Case Must
Lawyer-Jury Obtained.

Lawyer-Jury Obtained.
! PHILADELPHIA, PENN, October D.
Herman w. Mudgett. better known as
! H. H. Holmes. the self-confessed insur-
ance swindler and alleged multi-mur.
derer whose supposed crimes have been
topic for general discussion during the
past several months. was placed on
/ trial this morning In the Court of oyer
and Terminer. on the charge OF hav-
ing murdered Benjamin F. Pietzel. Judge
! Arnold presided.
The Commonwealth was represented by
| District-Attorney George s. Graham and
Assistant District-Attor Thomas w.
Barlow. and the defence was conducted
! by W II. Shoemaker and Samuel L. Ro-
| tan.
! As soon as the formality of arraigning
! Holmes had been concluded Attorney
| Shoemaker asked for a continuation of
sixty days. upon the ground of lack of
time for preparation. Mr. Graham pro-
tested against the granting OF a continu-
ance, and the other member Of Holiness
counsel (Mr. Rotan) renewed the plea of
his associate.
Judge Arnold briefly replied: THE mo-
| ton for "A continuance is overruled.
Messrs Shoemaker and Rotan then an
nounced their intention TO withdraw from
the case, and TO this Judge Arnold re-
| Joined that member Of the bar who
] would withdraw from a murder case on
| the eve OF its trial would be called upon
| TO show cause why he should not be dis
| barred for unprofessonal conduct.
| Lawyer Rotan's final plea was for
| continuance until tomorrow; but this,
| too was overrued
| II was evident from the Judges man
ner that he believed the withdrawal Of
Holiness original counsel from the case
| had been decided upon in the event of
| failure TO secure a p0stponement.
FIRST TALESMAN.
Che calling Of a jury was then begun.
| Enoch Turner was the first talesman. and
| when the District Attorney had accepted
| him as a juror Holmes arose from mis-
seat in the dock and stated to the Court
that he had discharged his attorneys, and
asked for a continuance until he could
secure counsel
Judge Arnold declared with considerable
frmness that the case must go on to-
day: that his lawyers had no right 10
withdraw; but, If they did, he Holmes)
could secure counsel in time for them TO
appear tomorrow. The Judges declara-
tion was made more emphatic by this
statement: Mr.. Holmes. | think you
ought to understand that | don't want
any advice from you as regards this
case"
Holmes then turned his attention TO
examining Talesman Turner. and chal-
lenged him peremptorily. Turner was
then excused
Frederick Stump. Sr.. was the next
talesman. and he was accepted as
juror.
At this time Messrs Shoemaker and
Rotan left the courtroom and thus dis
regarded the ruling of the court that they
could not retire from the case. and that
disbarment would be the result of such
step.
HOLMES WITHOUT COUNSEL.
This left Holmes without counsel tai
though he announced that he had dis
charged the lawyers HIMSELF. and the
District Attorney conferred with the Court
as 10 what should be done.
Everett A. Schofeld. who was in the
courtroom was privately asked by Judge
Arnold If he would take up the defence.
Mr. Schofield. who is well known a
criminal lawyer accepted. and selected
Joseph r Fahy. a young counsellor, TO
assist him. They had taken their seats
within the bar. and were awaiting formal
appointment by the Court, when Holmes
again rose and protested against this Sc
lection. upon the ground that the lawyers
were not familiar with the case.
The only alternative was for Messrs.
Schofield and Fahy TO withdraw. and this
they did.
The Court. in ordering the trial to pro-
coed stated that Holmes could secure
counsel by tomorrow Holmes, in the
course OF his efforts to secure delay. had
stated that he would secure the services
OF Attorney r. O. Moon tomorrow.
The selection OF jury was then COM
pleted, Holmes conducting his own case.
At las O'Clock "A jury had been obtained
and the court took recess until o'clock
this afternoon.
The jury Is composed OF the following
Foreman. Andrew Hertel. shoemaker:
Robert Chambers. carter; Robert j. kink-
ade florist: Samuel Wood. manufac-
turer; Richard Johnson. painter; Lewis
Reese. farmer; William i. Hanseli.
wagon builder; James Kenney. machinist;
Linford Biles. paymaster; Thomas Sloan,
driver: John J. Smith. engineer. and
George d. Clash, soap-maker.
MOON DECLINES TO SERVE.
w
amined Lawyer Moon. who had some
connection with the Homes case. appear
ed in court, and had a whispered confer
ence with the prisoner. AT It's conclusion,
he stated To the Court that while he
probably knew more about the case than
an outsider. ne could not undertake the
defence without making some prepare
ton.
As the Court had decided that the case
must proceed, Mr.. Moon declined to enter
into II on short notice. and Judge Arnold
excused him. Holmes made another APP
peal to the Court for postponement until
tomorrow, but the Judge decided against
him, and said that as he Holmes) had
DISCHARGED his lawyers, he must defend
himself What prospects. If any, Holmes
has for securing an attorney are not
known.
Holmes exercised his right TO challenge,
and before the jury was obtained eighteen
men had been set aside by him.
THE CASE OUTLINED.
II was $40 o'clock when the trial was
resumed and nearly all OF the session.
which continued until 455 O'Clock, was
taken up by District-Attorney Graham in
outlining the case TO the jury. The opeii-
ing address OF the District Attorney was
forcible throughout, but his denunciations
Of Holmes. which at times was particu- |
larly severe. had no outward effect upon |
the accused. Holiness composure was
wonderful and during the narrative he |
busted himself In taking copiOus notes OF
the prosecuting officers address.
Mr. Graham. at the outset. stated that,
under the indictment. and provided the
evidence would warrant II. II would be
possible for the jury to find verdicts.
either OF granddaughter. OF murder In the
second degree, OF murder in the first de-