The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-10-29
HOLMES TRIAL BEGUN
FIRST DAYS PROCEEDINGS RE-
PLETE WITH INCIDENTS.
Denial Of a Continuance Followed by
Withdrawal and Dismissal of the
Defendants Attorneys.
NEW COUNSEL APPOINTED
But THEIR SERVICES PROMPTLY
DECLINED BY THE PRISONER,
Who Then Announced He WouId Com
duct His Own Case, and Proceeded
to Examine Prospective Jurors.
TWELVE MEN ACCEPTED
TWELVE MEN ACCEPTED
AND THE OPENING ADDRESS OF THE
PROSECUTOR COMPLETED.
Attorney Graham Charged with Pre-.
Wffe-An Appeal to the Court.

PHILADELPHIA, Oct. 2s.-The trial of
Herman Mudgett dhe baptismal name of III.
II. Holmes) the "multi-murderer." "arch-
fiend OF the century, graveyard ghoul,
swindler and conspirator, as he has been
called, began In the Court of Oyer and Ter
miner this morning before Judge Michael
Arnold. The opening proceedings were
marked by several incidents III keeping with
the sensational character of the man who
is being tried for the murder of BENJAMIN
F. Pietzel. one OF his many victims. The
case Of the Commonwealth is in charge of
District Attorney George s. Graham, with
Thomas w. Barlow as special assistant.
William A. Shoemaker and Samuel p.
Rotan. young members of the local bar, ap-
peared as counsel for Holmes. They only
appeared, however, for soon after court
opened they kicked themselves out of the
case. with the friendly assistance OF the
defendant.
The Developments Of the first day of the
trial verified, better perhaps than ever be-
fore. the force of the maxim that truth is
stranger than fiction. From the nature of
the case and the startling stories concern
ing it which have gained currency during
the past year, sensational revelations were
naturally to be expected when he who has
come to be regarded the most skillful
and audacious criminal of modern times
was placed on trial for his life. Yet what
did ocur in court so far surpassed all ex-
pectations that the most vivid fights of
imagination could scarcely have conceived
the days events. Protestations and en-
treaties for a continuance of the trial sum-
marily overruled; the sudden withdrawal OF
the lawyers who have hitherto represented
the prisoner. in the face of threats of dis
barment; the appointment by the court of
new counsel and the refusal by the prisoner
to accept them as his defenders; the deci-
nation OF another lawyer to serve, after
being selected by Holmes; and. finally the
prisoner trying his own case. This, not to
speak OF sundry dramatic passages-at-arms
between Holmes and the Commemorative
prosecuting officers, is summary of what
occurred.
Long before 10 o'clock the hour set for
the opening of the court, an eager crowd
thronged the corridors without. The regu-
lations were so complete that none but law
yers, witnesses. jurors and newspaper repre-
sentatives were permitted to pass the cor
don of police which formed barrier across
the entrance to the particular corridor lead
ing to the court room, and the force OF
court officers who guarded every entrance
to the room. This prevented undue crowd
ing. although every seat in the big room
was occupied. The general public will be
admitted TO the capacity of the gallery.
which will seat about five hundred, when
the taking of the testimony is begun to-
morrow.
HOLMES BROUGHT INTO COURT.
The clocks of the town had scarcely
I,.l<
clad in the long black gown which was re-
Gently adopted by the Philadelphia Judicial
ry, entered and took his seat upon the
bench. District Attorney Graham and his
special assistant, Mr.. Barlow, in whom the
prosecution Is vested, were already in court,
but delay of fifteen minutes was occas-
ioned by the non-appearance of counsel for
the defense, Messrs Shoemaker and Rotan.
During the wait Holmes. who had been
brought up from Moyamensing prison in
the van, guarded even inside the closed
wagon by an officer, was placed in the small
dock This is a small square enclosure at
the further end of the jury box and imme-
diately behind the tables allotted TO the
prisoners attorneys.
Holmes, who at the time OF his arrest,
in Boston, on Nov. IL last, was a stockily
built man of middle height, has, since his
long confinement, grown gaunt and hollow
chested. The prison bleach has brought his
peaked face to death-like pallor, height
ened by the long. closely cropped beard In
appearance as he sat in the dock to-day,
he is neatness Itself The beard was care
fully trimmed the hair smoothly parted,
and the black cheviot suit he wore betrayed
no spot or blemish. His demeanor through
out save on one or two occasions, when he
gave way TO slight bursts of anger, direct
ed at the district attorney, was character
lied by that remarkable display of nerve
which has become associated with his name.
The original intention of the Common
wealth was TO hold three sessions of court
daiiy-morning, afternoon and night-but so
much time was consumed by the unexpected
developments that ii was nearly o'clock
when District Attorney Graham concluded
his opening address to the jury. In view
of this. and 10 avoid breaking the testi-
mony of the first witness by the supper re-
cess. il was decided to adjourn until to-
morrow morning. Hereafter. however, the
original programme viii be followed.
LIABLE TO DISBARMENT.
The days proceedings began when Messrs.
Shoemaker and Rotan moved for a sixty
days continuance on the ground OF lately
discovered evidence. This was promptly
refused as was also their motion for a con-
tinuance until tomorrow. Finding the
judge inexorable, they. as a last resort.
declared that they would withdraw from
the case. Judge Arnold notified them that
If they did so they would lay themselves
open TO disbarment. Thereupon Holmes
declared from the dock that. under the cir
cumstances. he would not permit them TO
defend him. He. therefore, dismissed them
from his service. and the lawyers left the
room in spite OF the courts threats. Judge
Arnold then appointed T.. NJ Schofeld and
J. NJ. Fahy TO assume charge OF the de-