The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1895-10-29
WAS HIS OWN LAWYER
TCONCLuDED FROM FIRST PAGE |

again made 8n earnest plea tor con-
tinuance pntu to morrow morning. on
the ground that be wanted to get certain
| necessary papers from Messrs Rotan and
Shoemaker, and have an interview With
| q certain person in the city
Judge Arnold was infexitle, however,
and reminded Holmes that he had dis
charged his couI sci IN his effort to force
a continuance, but that the ruse would
prove ineffective, as the case must pro-
coed. He would, however, be permitted
to send for the papers mentioned.
Clerk Henessey then read in detail the
indictment to the jury The twelve men
stood up, as did also Holmes, who listen
ed unmoyed to the legal verbiage .charg-
ing him. in unsparing terms, with the
murder of Pietzel. t s....- ....
The court then at AS took a recess u2-
til O'Clock.
Promptly at 3 o'clock the court recon
vened and at $40 o'clock District Attor-
ney Graham began his opening address
to the jury.
After rehearsiHg the technical details
of the charge as laid down in the iu-
dictment, and explaining their legal
meaning, he told them that it was with
in their power to find one of four YER
diets if the evidence justified them.
These he signifed as manslsughter, muir
der in the second degree, murder in the
first degree and acq1ittal, aud be de-
fined the elements of each of the three
crimes. He felt assured, however, that,
after hearing the evidence, they would
agree with him that the crime was mur
der in the first Gegree, because the in
tent was plain from the manner in which
the crime was committed. IF it was
murder at all, it was murder in the first
deg e..
Proceeding, the District Attorney out
lined story of the crime.
"We have charged in the indictment
that the date Of the murder was Septem-
Der 2, 1894" he continued. eve do
not know this positively because the
body was not discovered until September
4, but the crime was committed between
the first and the fourth
The Distr ct Attorneys next step was
to outline the story of the crime, from
the time of the discovery of the body in
the Caldwell Street House by Eugene
Smith, carpenter who had been in the
employ of the dead man. When found
the body was badly decomposed-
much so that the face as almost be-
yond recognition, although the crime
had been committed only aday or so be-
fore.
This Mr.. Graham declared, was part
of Homes well laid scheme, for it was
found that the window had been left
open and the body arranged in such a
position that the rays of the sun would
fall upon it and hasten decomposition.
Throughout the District Attorneys ad-
dress, Holmes sat with his legs crossed,
taking coplous notes and listening with
intense interest, but without shade OF
expression, even when Mr. Graham's
voice rang out in the most scathing de-
nunciation
District Attorney Graham spoke for
one hour and twenty five minutes, con
Guiding at 4:40 0 clock in the afternoon
He then held a brief talk with the Judg
aud agreed with MIN, that, in view of
the lateness o. the hour, 1t would be in
expedient to begin the taking of testi
mony, as the examination of the fist
witness would be interrupted by the
supper recess. II was, therefore, d cided
to adjourn court until ten o'clock to-
morrow morning.