The San Francisco call., 1895-11-02
An Attempt to Dodge the Charge
of Numbering Pietzel Met
With Failure.
IT WAS A VERY DARING MOVE
But the Man Who Is Accused OF
Many Crimes Must Answer
for Them All.

| announced that they considered the prose
cution had not made out its charge of
murder. and they would rest their case
upon the evidence offered by the Com
monwealth and submit no testimony in
| defense Of the prisoner. This decision was
made by Holmes upon the advice of
well-known lawyer who was at one time
retained by the prisoner.
The move seemed like bold one, but
was unquestionably done more in despera-
tion in the hope of Influencing the jury
and creating the impression in their minds
that, being conscious of his innocence and
not having had time to prepare proper
defense, Holmes trusted himself to their
sense Of justice. In reality Holmes has no
defense.
| The Commonwealth has presented no
direct proof that Holmes murdered Piet-
eel; their chain of circumstantial evidence
| even was not as strong as was expected,
| and but for the admissions at various times
Of Holmes himself the District Attorney
would have had a most difficult task in
proving the charge.
| 1t was expected that the case would be
sensational in the extreme. but after
Judge Arnold ruled out all the evidence
bearing upon the murder of the children
the most CHASTITY features of Holmes
series of crimes were eliminated. Instead
of furnishing any sensation the trial itself
has been as dull and uninteresting to the
! spectators in the courtroom as the major
lty OF ordinary murder cases are.
But two incidents out of the ordinary
have broken the monotonv of the proceed
ings. These were the appearance of Mrs
Pietzel upon the witness-stand and her
pathetic tale of her journey with Holmes,
and the testifying against the prisoner of
the girl that he deceived into believing
that she was his legal wife. The closing
arguments and the charge will consume
the better part of tomorrow, but the case
will, in all likelihood, be given to the jury
| tomorrow afternoon.
Mrs. Pietzel was the first witness placed
on the stand. As upon the previous occa-
sions she has been upon the stand Mrs.
IsPietzel's replies to the questions asked her
were repeated to the jury by an officer, but
she looked stronger and more composed
to-day than at any previous time.
After single question Mrs. Pietzel was
turned over to Mr.. Shoemaker for cross
examination. Mrs. Pietzel in reply to a
question said that she had been arrested in
Boston on a charge which she believed
they called conspiracy. These questions
revived bitter memories and Mrs. Pietzel
had much to do to restrain her tears
The next witness called was Edward H.
Cass, the Chicago special agent of the
Fidelity Insurance Company. The de-
fense suspected some kind of trap and
objected to Mr.. Cass. The objection was
overruled and he testified that he called
upon Holmes Willamette wife to learn if
possible anything about her husbands 8
| whereabouts so that he could get him to
identity PietzePs body. Mr.. Cass was
shown the letters which Holmes wrote
him and identified them. These letters
have already been published.
The strain upon Mrs. Pietzel upon the
stand broke her down, and when she was
taken into the corridor she became hvs-
terical, and her screams penetrated the
courtroom. She was carried into the Dis
trict Attorneys Office and restoratives
were applied, and she became quiet.
After Mr.. Cass identified the letters he
was turned over to the defense for cross
examination. Only few questions were
asked him and nothing of Importance was
| developed.
Dr. Henry Lehman, an expert chemist
took the stand and described the different
effects upon the human body of chloro-
| form taken internally and inhaled Mr..
Rotan put the witness through a close
line of examination tending toward sus-
tanning the theory of the defense that
Pietzel committed suicide He brought
| out some points favorable to this theory,
! but in the meantime the testimony of DR..
Lehman was adverse. The defense de-
| veloped what will be it's specific denial
| during DR.. Leffman's examination.
DIR. Mattern gave some unimportant tes-
timony and Mr.. Graham gave notice that
] the case for the Commonwealth was closed.
| At O. clock the court took recess until
| NJ
| When court reconvened at o'clock Mr..
Rotan said there was q reasonable DOUBT
| from the evidence that Pietzel was killed
! in the house at 1916 Callowhill street. Mr.
Rotan asked the court to either discharge
the prisoner or charge the jury to acquit
Mr.. Holmes. Mr.. Graham said Mr. Rotan's
request was SO ridiculous that he would
not even reply to il, and Judge Arnold re-
fused to make a rule discharging the
prisoner and said that the case must go to
| the jury.
AT the earnest request OF counsel Tor the
! defense a half-hour's recess was granted to
| arrange the line of defense. Mr.. Rotan
and Mr.. Shoemaker returned to court at
3:15 o'clock and held five minutes con-
sultation with Judge Arnold and Mr. Ora
| ham, at the conclusion of which the Judge
directed that Holmes be brought back to
court. After the prisoner was brought in
it was announced that the defense would
rest it's case on the Commonwealth tes-
timony.
| Holmes was brought in directly, and,
although it must have been trying mo-
ment for him. he showed no evidence of
discomposure. Mr.. Rotan stated that they
had arrived at this conclusion because the
lack of time prevented them bringing i'm
| portant witnesses from a distance, and
also because they felt that the Common
wealth had not made out it's case. The
| defense was willing to rest with the pro-
viso, however, that the court did not
hasten them with their speeches and would
allow the case TO 60 over until tomorrow.
This was agreeable to Mr.. Graham, and