The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-10-29
COURT REFUSES sAcoNTtNuANcs
Holmes Acts as His Own Counsel, and
the Jury Is Sworn.
His Self-Control Is Wonderful, and
Only His Voice Betrays His Emo
the Friendless Man Fighting for His
Life Against Tremendous Odds.


court of oyer and termine- today for the
murder Of Benjamin +. Pitzei in this city
on September >. lSs5 Long before ID
o'clock. the hour set for the opening of
court. an eager crowd thronged the CORR
dors without. The regulations were so
complete, however, that none but the law
yers. witnesses. jurors and newspaper re-
poTters were permitted TO pass the Gordon
OF police which formed a barrier across
the entrance TO the particular corridor
leading 10 the court room. and the officers
who guarded every entrance 10 the room.
This prevented undue crowding, although
every seat in the room was occupied. The
general public viii be admitted 10 the ca
pacity OF the gallery. which will seat
about 5ho when the taking OF testimony is
begun tomorrow. Holmes. at the time Of
his arrest in Boston on November II last.
was stockily built man Of middle height.
but since his long confinement has grown
gaunt and hollow chested. The prison
bleach has brought his face TO a deathlike
pallor. heightened by the dark. close
cropped beard. In appearance. as he sat
in the dock today, he was neatness itself.
The beard was carefully trimmed. the hair
smoothly parted. and the black cheviot
suit he wore betrayed no spot or blemish.
Promptly at 10 O'Clock Holmes was
placed in the dock. lie was plainly nerv-
Gus. and looked about the room with a
u.
a continuance. He urged lack of time for
preparation. There are three homicide
cases involved in this ease" he urged,
and we had only such time as would hc
adequate for the preparation of one" 1t
was expected TO present newly discovered
evidence of such vital importance that
Holmes would undoubtedly be acquitted of
the charge. Graham protested against
granting a continuance. He dwelt upon
the severe strain under which Mrs. PitZel
had been put. and said an examination into
her mental condition had made it apparent
that were continuance granted the COM
monwealth would lose it's most important
witness. Rotan. of the defense. renewed
the plea for respite. bat ii was overruIed
by Judge Arnold. Shoemaker and Rotan
created mild sensation by saying that If
the judges decision was irrevocable they
would withdraw. Judge Arnold spoiled
this by declaring that a member Of the bar
who would withdraw from a murder case
on the very eve of trial would be called
upon to show cause why he should not be
disbarred for unprofessional conduct. AS
far as the plea Of lack of money is CON
cerned' Graham said. Il have positive
knowledge that large sums of money were
offered within the last week 10 prominent
attorneys Mt this bar TO come into the case
as associate counsel for the defense. show
ing that there are funds at hand
over until tomorrow morning." pleaded
Rotan.
call the jury" said the Judge firmly.
One juror had been admitted by the COM
n1onwealth when Holmes in "a quiverinE
voice said to Judge Arnold May il please
the court. 7 have no inclination 10 con-
tinue with the trial of this case with Mr..
Rotan and AIr. Shoemaker as my counsel,
feeling that. in view Of their desire to
withdraw, my interests viii he damaged
/ therefore discharge them as my coun-
sel."s
You cannot discharge them. Mr..
Holmes" said Judge Arnold. THAT is for
the court, and II they withdraw from this
case they will be punished"
Holmes continued. in a tremulous tone:
Your honor will give me until tomorrow
10 secure additional counsei3" We will
have no more debate. Mr.. Holmes; the
matter is decided y
The examination of purors was about 10
be proceeded with when Shoemaker stated
that the prisoner absolutly forbade them
representing him in the case, and declared
he would examine the jurors and witnesses
himself Judge Arnold said he would per-
NIT Holmes TO question the jurors II he so
desired.
Enoch Turner the first juror. was turned
over TO Holmes for examination. He stat
ed that ne had formed an opinion in the
ing TO the evidence. Holmes challenged
peremptorily. Frederick Stump. sr, was
accepted by both Graham and Holmes
Rotan and Shoemaker arose and de-
cIared that they felt obliged 10 withdraw
from the case regardless Of consequences.
You must take the consequences said
the Judge They left the court room.
The commonwealth's officers consulted
with the judge. then called upon Everett
A. Schofeld and J. NJ. Fahsy, lawyers,
who agreed 10 assume the grave resDonst-
hility. with ali the aid possible from Mr..
Graham. Holmes objected, on the ground
that as he knew nothing Of these gentle
men be should not care TO fntrast his life
90 them. "As far as aid from Graham is
concerned" he added. with unveiled Bit
terness. Il had abundant proof last year
OF what the promise Of aid from the dis
trict attorneys Office means. May be al
lowed o postponemeut tili tomorrow 70 see
r. q. Moon. who Is already familiar with
the case. and whom I know / can engage"
DO You then refuse 20 allow these gen
tlernen to defend you2' Il do sir. II !
am not allowed a continuance nntn tomor-
rov / must ask 70 try the case myself
I'VE viii 80 on today" said the judge.
and We will see about engaging Moon
later on"
Holmes continued Guest tioning Tho jurors
as they came dp. His words, which en-
braeed the usual technical ques sons. were
well chosen. He listened Ia District A.
toruey Grahsm's formal Inquiries With
the keenest interest. an olsnost ImDercep;-
lble flush relieving the pallor q the cneek.
Beside the usual questions as 20 whether
or not the jurors had formed any opin-
son "a 20 the guilt or innocence of tae
prisoner and the entertainment Of con
scteatIous Scruples against csp1j Al punish
raent. Holmes also asked. Have you visit
eH the dime museum at Ninth ard Area
streets" The reason FOR this quest.o1
Vas sae fat that there hs1 been on ex-.
nfl,sson at the museum Cor some weeks
= t-7sl~serTsart ~ Hcimes. ''a1e muiti-in0r-
sarer." as ~ i there called. together with
models 81 TIE Irvsnzton. Ind, house and
the Chicago castle. All vho had seen
these Sere peremPtorlly Challenged hY
Holmes At the suggestion 81 Nr. Csra-
ham ne a3Ao asked each man whether or
rpf he haz rad the book called Holmes
oar life" Dur2ortlug 10 be Al sctoI-
oxraphw 90 rae defez 1ani After one -
These questions. Holmes said at-h sub
sq,cs f5rrs. a the proper time zad
place 10 discuss Th.s matter I VIII sAo~
+hat have na1ths- puaAs1ed nor aGtHor~
szes t7e pu5lcaa,on ~ any such book"
Tne~a were no. nearly - many challenges
as we're aneic1pate1-
Af,er nfne jurors hs8 been accepted.
r.s-svrr r . Moon came fufo c0uFr, ard
w-s.n th0 assent of the commons e1tl ~ =
ow~ers snf the Judge. aea3 a whisp@rea
lor.estf- atf9a with the pr saner. ~ 80 con-
efstasen ~ w-azrh. a45resa ng fa@ e1arfs
- admitted having seen consulted n rs