New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-11-03

ONLY ONE BALLOT NEEDED TO REACH THE DE-
CIsrON-THE JUDGES CHARGE STRONGLY
AGAINST THE ACKNOWLEDGEMENTS
OF THE cT-ATToRNEY AND
THE COUNSEL FOR THE DE-
FENCE CLOSING SCENES
AND INCIDENTS OF
THE GREAT TRIAL.
Philadelphia. Nov Herman w. Madgett or.
he Is better known. II. II. Holmes was tonight
convicted o: murder In the first degree for killing
Benjamin F. Pietzel in this city on September 2
1894. The jury needed but one ballot TO reach this
decision. They retired at 545. at the conclusion
of Judge Arnolds charge. After the retirement
of the jury from the courtroom the spectators
streamed out into the corridors and eagerly dis
cussed what the verdict would probably be. There
was considerable difference of opinion. as many
believed the Commonwealth had not thoroughly
established its case against Holmes, but the ma
jority were inclined to believe that the jury wouid
convict him. At S:35 word was sent 10 Judge
Arnold that the jury. was ready to return the
verdict When Judge Arnold entered the room
there were not nearly as many people present as
had attended the day session. The prisoner was
brought in and placed in the dock. He was as I'M
passive as ever az he took his seat. Inc jury
came in and took their places. and 1t needed but
little skill as a mnd-reader TO know what the
word would be that the foreman would pro-
nounce The Court ordered Holmes to rise, and
then in reply to the question OF the Court. the
foreman Of the jury pronounced the fatal words.
Guilty Of murder in the first degree
THE COURTROOM CROWDED
Interest in the Holmes trial has steadily grown
since ii began on Monday and each day the crowd
has been larger Long before the prisoner ap-
peared this morning the courtroom was packed
with people. The abrupt closing OF the defence
yesterday and the expectation that the case
would be given to the jury some time to-day
served to increase the public desire to witness
the close Of the trial, and If admission to the
courtroom had not been strictly by card the
crowd would have been enormous. Holmes has
stood the strain of the trial remarkably we'll,
bue when he was brought into court this morning
he seemed to be trihe nervous He greeted his
counsel and the court officers. however. with a
cheerful Good morning." and read the papers
while waiting for the proceedings to begin.
When court opened Mr.. Rotar said to Judge
Arnold that his associate counsel. Mr.. Shoemaker.
was Ill., and hs asked for a few minutes to so to a
drug store. The Court granted his request. and a
delay Of some minutes occurred. When Mr.. Ro-
tan returned he said that Mr. Shoemaker was too
III to appear. but that he was willing that Mr..
Rotan should make the closing argument alone.
if the Court would not grant delay. There was
no probability Of delay and. as Mr.. Rotan did not
expect any, he said he was willing to go on. He
read rule OF The Court which. he contended.
meant that In certain each side should have
but one closing speech.
Judge Arnold replied that he mlsinterpreted
the rule and Mr. Graham said that he was will
ing relinqulsh his right to reply to the closing
speech Of the defendants counsel. and that he
would go to the jury on his closing argument. Mr..
Rotan sought to have Judge Arnold instruct the
jury, in summing up. to disregard all reference
made to the killing Of the Pletzei children by Mr..
Graham in his speech at the beginning Of the
trial. but the Judge refused to do So
THE DIsTRICT-ATTORNEY's ADDRESS
Then Mr.. Graham arose and began his closing
address. He congratulated the jury on the pros
pect OF speedy release from the confinement OF
the box. and said that he had voluntarily re-
nqulshed his right tc make final argument
and had left that privilege to the defendants
attorney. He merely asked them to reason with
him over the evidence offered. This evidence he
oner, but the Commonwealth OF Pennsylvania
sought no victim. and II the sense of right and
Justice led them to believe he was innocent then
II was their duty to acquit him. and that speed
ily The Commonwealth. he said. had proved every
step Of its case FROM the beginning. and link by
link had made the chain of evidence perfect
| He then turned to the evidence and reviewed It,
| witness by witness. He skinned quietly over
| the testimony OF the more unimportant witnesses
| and refreshed the Jurys memory on their ev
dence. With the more important testimony he
| dealt at greater lergth. He exposed with cold
criticism and occasionally ashing scorn Holiness
tangle Of lies in the many statements he has
made. But * when he came 10 the testi
/ mony Of Mrs. Pletze that Mr. Graham poured
! out on the prisoner the vials Of his contempt
scorn and denunciatIon. beneath the District
! Attorneys bitter words Holmes shrank a little
! and sinking his head affected to be busy taking
/ notes Of the words.
! Mr. Graham dealt at great length with the
! theory OF the defence that Petzel committed
! suicide by swallowing chloroform. He explained
in detail to the jury the physical reasons why the
! chloroform in Pietzers stomach could not have
found it's way there under the conditions alleged
/ by the defence and that the state Of the stomacf
showed that the chloroform forced in after
! death He said that ne WlShed 10 eAPIess HE
! acknowledgment OF the value OF the services
! rendered by the men who worked up the case.
| Mr.. Rotan suspecting that Mr.. Graham mac
some idea OF influencing the jury by references
to the Pietze children, objected TO any public
/ acknowledgment OF these mems services ano
Judge Arnold sustained the objection.
| Mr.. Graham then told the jury that he left th'
case in their hands He said ;hat the evidence
! indubitably pointed TO murder in the first degree
and II they believed TIE prisoner to be the mar
who killed Pietzel they should find him guilty o
! II they believed him innocent they should acqui
him In voice which rang through the court
room and thrilled the hearers. Mr. Graham closed
as follows:
! ask you to do your duty like men. l know tina
the duty OF becoming instrument of justice is al
| unpleasant auty. II often requires as much courag
for "A do his duty In the Jdrybox as on tn
! LIZ amid snlnka and flame of