The Indianapolis journal., 1895-11-03
JUDGE ARN0LD's CHARGE.
Regarding Murder, Sui
eide and Duty of Jurors

At the close OF the argument Judge Ar
mold charged the jury. He began with the
relation of the various degrees of murder
and manslaughter. and read several pas
sages from the penal code of Pennsylvania.
He instructed the jury to direct their
thoughts 10 the question whether the pris-
oner had committed murder. and. if so, of
what degree. II the Commonwealth had
proved that it was a willful. deliberate and
premedltated murder then he was guilty OF
murder in the first degree. "a number of
witnesses have been called and the testi-
mony IS known as circumstantial." said the
Judge. "Of this kind of testimony 1 will say
many of the most important cases are
proved by such evidence. 1 do not think l
exaggerate when / say half of them are de-
ciied on such evidence. All evidence is more
or less circumstantial The difference is only
in the degree of it." After citing illustra-
tions of this. the Judge continued: In the
case Of killing by poison experience shows
that nearly all such cases are proved by
circumstantial evidence. Three questions
must be determined by you in this case:
First, is Pietzei dead; second. did ne die a
violent death; third. If he did. did the pris-
oner Kill him. or did he commit suicide?''
The Judge reviewed the evidence at
length. and continuing. said: Now. was it
a suicide or a murder? 1t is argued by
Il it was so, the natural impulse would
have been to notify the police on discover
ing the body. But he says he did not do so
because he wanted TO make II appear an
explosion. to defraud the insurance
company. The next step was told BY Miss
Yoke. The prisoner cross-examined her
himself" Here the Judge quoted from her
testimony concerning Holiness return to
the Elevelth-street house on the Sunday
afternoon of the murder.
IF. upon all the evidence, you satiS-
Ned PietZel was killed by Holmes by means
of chloroform," he said, ''it Is a case of
the argument OF counsel that 1t was sui
eide and not murder. then you must acquit
IT. after hearing this testimony, you are
unable TO make up your mind that he is
guilty, IL you feel hesitancy. a doubt,
YOU must give him the benefit of the doubt
and acquit him. III not. you must find him
guilty of murder in the first degree. II
you have an impression in your mind of
anything read in the newspapers or spoken
fE this court about cases other than the one
on trial. the murder OF Benjamin +. Pietzel
pray. dismiss them from your mind, and
consider the with the utmost care.
You may now retire and consider your ver-
dict"
Thus. at $40 O'Clock In the afternoon,
Holiness fate PASSED into the hands OF the
Jury. The twelve men were Immediately
taken TO their celebrating room. under the
escort Of corps OF court officers. and the
best efforts of the tipstaves could not
in the room. Interest was at fever heat
and in spite OF the late hour. not seat
TO be had within the four walls. nor
was one rellnquished even during the recess
which followed. Holmes was taken back TO
the cell room. and. although a smile was
his lips. IL was clear that he was extremely
nervous. Judge Arnold told the jury he
would remain in the building i'm case they
cared to communicate with him.