The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-29
FIGHTING FOR LIFE,
Continued from First Page.l

wanted to investigate was further plea
OF the attorney for a continuance.
| Judge Arnold overruled the motions for
| postponement in very few words and
ordered the trial to go on. Just at this
| juncture startling climax was reached,
| which resulted in the withdrawal of Law
| yers Shoemaker and Rotan from the case,
Notwithstanding an Injunction from the
court that they would be open to disbar-
ment by taking such a step ION the eve of
a murder trial." Still further sensation
was created when Holmes refused to &C
cept the services of Attorneys Everett A.
Schoteld and Joseph R. Fahey, whom the
court was about to appoint to defend him,
and who in fact had taken seats in the
chairs vacated by Messrs. Shoemaker and
Rotan. Schofeld and Fahey also with
drew. Holmes himself pleaded to the
court for a postponement, but the Judge
declared the case must go on.
Judge Arnold here stated that this
would be no farce in court, but trial,
and again directed that the jury be called
and the prisoner tried on the Indictment.
The first juror called to be examined was
Enoch Turner, conductor. District Attor-
ney Graham said he desired to state to the
juror and ask the attention of other Jurors
at the same time to avoid the necessity of
| repetition; that the case about to be tried
was that of the Commonwealth VS.. Her
man W. Mudgett, alias III. H. Holmes,
charged with the murder of BENJAMIN F.
Pitzel. After asking the juror several
| questions the District Attorney turned
him over to the defense, but Attorney
Shoemaker, addressing Judge Arnold,
| said: Twill you allow this case to go over
! until tomorrow In order to make what
| preparation we can in regard to it?" The
| court said: 1.-THE case must go on"
| At this point Attorney Rotan informed
| the court that the prisoner wished to be
| heard, and Holmes, rising from his seat in
the dock addressing the court, said: MAY
| it please the court, I have no inclination
to ask the present counsel to continue in
the case where l can see it will be against
their own interests. Bearing this fact in
mind l have within the last few moments
discharged them from the case"
The court-They cannot be discharged
from the case and if they leave the court
room they will be punished, as lawyers,
for disobedience.
II. IlOldL-h ( w IlOL dSh W ledNO Ine
court or leave the case, but we desire, as
we said some time ago, to have further
time, and now rather than go on with the
case we ask, to withdraw.
The court-Gentlemen as I said before,
your application to withdraw is refused.
Holmes-If the court please, if 1 can
have continuance even for one day I feel
sure
The court-That has been refused al
ready. We can go on with the business
to-day and keep the case running for day
or two.
Holmes-Will not the case be allowed to
go over for day when L state to the court
that can get another lawyer to attend to
my interest?
The court-You will have time to-mor-
row to get another lawyer, but the case
must go on to-day.
Mr. Rotan-The prisoner stated that he
intends to examine these jurors, and it is
not interfering with the counsel. He says
that he is going to attend to the examine
ton of these jurors.
The court-Let him examine them.
Mr.. Shoemaker-We might be able to
get other counsel for tomorrow, but we
are not able to go on with the case.
The court-We will occupy the day as
much as we can, Mr.. Shoemaker. We
cannot get through with the case to-day,
and you will have an opportunity to get
other counsel by tomorrow. Go and &C.
cupy your seat to-day and get on as far as
you can.
The court Ito Holmes)-Wii you ex-
anime the jurorsP
I'll, in, 10
ceeded to examine the juror and finally
asked that the juror be discharged per-
emptorily.
The next juror called was Frederick
Sch lump Sr. He was found to be unob-
jectionable by the commonwealth and was
examined by Holmes in person, and at the
end of that examination was permitted to
take seat i'll the box.
At the end of this examination Mr..
Rotan addressed the court, saying, MAY
it please your Honor, the prisoner won't
let me do anything and will have to re-
tire from the court"
Judge Arnold advise you not to do it.
Mr. Rotan-Wlth all respect to the court,
fear that | will have to do it. He says he
won't allow me to do anything. 1t is use
less, therefore, for me to remain and will
have to withdraw.
Judge Arnold-Very well; you will both
have to bear the consequences. You know
what they are.
Both Mr.. Rotan and Mr.,,Shoemaker then
| withdrew from the court without saying u
word to the prisoner. Mr.. Graham then
called Mr.. Schofeld to the bar of the court
and another young attorney, and after a
conversation with Judge Arnold, Mr.. Ora
ham moved the court for the appoint
| ment of counsel for the prisoner to pro-
tect his rights. Judge Arnold was about
| to assign them, and they had taken their
seats at the attorneys table when Holmes
arose and addressing the court said: 'To
have an attorney thrust upon me at this
| time, and one who is not at all familiar
with the case, were 1 to permit him to
represent me, would be, in my opinion, to
sacrifice my life. had intended after the
adjournment of the case to-day to ask for
leave to consult with party with whom
| money had been placed SO that I could
consult with R. o. Moon, who has some
| Ennyyl a6 loo nf tho QnS h &c