The Indianapolis journal., 1895-11-03

throughout has taken she inferior part in
the conduct OF the case. was absent to-
DAY on account OF bis Illness. and Mr..
f0tan was entirely alone. There was
pathetic note in the way he began.
"Geptlemen OF the jury" he said, there
s n R n9 eRs "a .be s ths
rests upon my shoulders. Yet each OF you
has a much greater responsibility. he ini-
media@eiy entered on discussion OF tnc
evidence. and said the defense plainly ad-
mitted that the body found IN the Callow-
hih-street house was that OF Pietzel. and
that ne and Holmes had been conspiri1g 10
defraud insurance companies, and at the
time OF this occurrence had such a scheme
on hand They also admitted. Mr. Rotan
said. the story OF Holiness wanderings
around the country with Mrs. Pietzel. They
had offered no defense because ot their COLI
didence that the Commonwealth had not
made ont its case. and when the jury had
analyzed the evidence they would find the
facts more consistent with the theory of
suicide than murder. When Holmes went
10 the House sunday, Sept ?. he found
the body on the third floor. The attorney
then repeated the details OF the arrange
ment OF the body, as already told. but ne
asked. lad anything been produced 10 show
a what time the had been killed or
committed suicide? Is there anything n
this case TO show that the prisoner secured
the policy on Pietzefs life? III there had
been the Commonwealth would have pro-
duced il. Continuing. Mr.. Rotan called at
tention 10 the fact that when Pietzel left
his wife In -. Louis TO come 10 Philadel-
phia. he had told her not to be worried II
esne nedFQ fe was dead, because ne was IN a
scheme 10 defTaud the insurance company.
Coming down TO the time of the killing. the
speaker denied that there was anything
show alcoholic Indications IN the mans
stomach 10 bear out the Co9nmonwealth's
assertion that Holmes had chlOrOformed
him while ne was drunk
Concerning the hurried departure Of
Holmes and his alleged wife from the Elev-
enth-straet house on the night OF the mur-
der. Holmes having come home flushed and
warm and ordered her 10 pack her trunk
Mr. ROfan urged that Miss GOke'S fPSti-
mony showed beyond question that they
had the night before resolved 10 leave town
on Saturday night The Commonwealth
relied on the medical testimony that the
body could not have been found in the re-
poseful position i'm which IL was had Pietzel
committed suicide by inhaiing chloroform.
The defense admitted the truth of this, but
asserted that IL was placed in such a posi-
tiOn by Holmes after Pietzel had committed
suicide. leaving a note for him 10 utilize
the corpse to consumate the insurance
swindle.
sir. Rotan reminded the jury of the fact
that when arrested in Boston for conspira-
cy Holmes asked TO be brought to this city
TO stand trial rather than 10 go to Fort
Worth Tex. where he was wanted for
stealing "A horse. Would any man have
made such choice. he dema nded, unless he
knew Just what crime he had committed?
Would he. the lawyer demanded, have
averted "A trivial charge in far-distant
place to put his neck in danger by coming
voluntarily to this city had he committed
the jury to carefully weigh the facts and
then give the prisoner the benefit OF the
doubt Mr.. Rotan finished his address at
40 O'clock