The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1895-11-08
HOLMES Is TRIAL.
rHE ALLEGED MURDERER BEFORE
!, THE BAR OF. JUSTICE.
The Man who Has Been Charged
With Many Murders 10 Being Tried
for the Murder Of Pettsel at Philas
delphin.

The Man who Has Been Charged
With Many Murders 10 Being Tried
for the Murder Of Pettsel at Phila.
delphia.
Philadelphia, Oct. 30. - n. H.
Holmes, who, according to his own
remarkable confessions, stands Mt the
head OF the list Of modern criminals.
was put ON trial In the court of oyer
and termlner for the murder of Ben
tamin +. Fietzel. Arraigned against
him us the comm0nwealtt's prosecu-
tors are District Attorney George 3.
Graham and his special assistant, 4.
w. Barlow, while the counsel for the
prisoner were William A. Shoemaker
and Samuel +. Rctnn, young members
Of the junior har of this city. Judge
Michael Arnold is upon the bench.
Holmes was brought In and placed
in the the dock. He looked pale and
wan, but neat. He was plainly ner-
vous and looked about the room with
shifty expression In his steelly. blue
eyes. Occasionally lie would lem for
ward and address q whispered. word
to his counsel. Mr.. Shoemaker, of
counsel for defense, did not come into
court until a quarter OF an hour after
court convened, Mr.. Graham, for the
prosecution, instantly asked that the
case proceed. Holmes was then Or
dered to rise and he was formally told
of his right to challenge Jurors.
Mr.. Shoemaker asked for a contInu-
ancc Of the case. He urged the lack
Of time for the preparation Of the dc.
fcnse.
''Therc ure three homicide cases in
volved in this case," he urged, "and
we have had only as much time as
would be adequate preparation Oh
one"
1t was expected to present newly
discovered evidence Of such vital i'm
portance that Holmes would undoubt-
edly be acquitted of this Charge. Mr..
Graham protested against the grant
Ing of a continuance, which, lie snid,
would mean the absolute destruction
Of the commemorative case. Mr..
Graham dwelt upon the severe strain
under which Mrs. Pietzel had been
put, and said an examination into her
mental condition Iuade 1t apparent
that were continuance granted the
commonwealth would lose Its most i'm
pOrtant witness. Nlr.NRotan, for the
defense. renewed the plea for a res
| pite, but 1t was Overruled by Judge
Arnold.
Mr.. Shoemaker and Mr.. Rotan Gre
ated mild sensation by saying that
II the Judges decision WINS irreyoca-
BILE they would withdraw from the
case, but Judge Arnold spoiled this by
declaring that member of the hal
who would withdraw from a murder
case on the very eve of its trial would
be called upon to show cause why lie
should not be disbarred for unprofes-
slonal conduct. Counsel did not up
pear anxious to accept this nlternn-
tive, but before they could reply Mr.
Graham arose.
Creates Scene.
"As far as the plea of lack of money
Is concerned" lie said, II have posi-
tive knowledge that large sums of
money were offered within the last
week to prominent attorneys at this
bar to come In as associate counsel in
this case, showing that there IRE suf-
ficicnt funds at hand.'
Call Q jury" said Judge Arnold.
"Will your honor allow the case to
| go over until tomorrow lnorningY r.
pleaded Mr.. Rotan.
Call jury" re-echoed Judge Ar
mold hrmly, anN tho, calling 'Dagan.
One Juror had been admitted BY tie
commonwealth when there was an.
other sensation. Holmes arose in the
dock and, in quivering voice said to
Judge Arnold:
MAY 1t please the court, have no
inclination to continue with the trial
| Of this case with Mr., Rotan and Mr.,
Shoemaker as my counsel, feeling
that, In view of their desire to with
draw, my interests would he DAM
aged. therefore discharge them as
my counsel"
"You cannot discharge them. Mr..
Holiness" answered Judge Arnold.
'That Is for the court, and IL they
withdraw from this c1se they will lie
punished"
"If," continued Holmes, his tone still
tremulous, "if your honor will give NE
until tomorrow to secure additional
counsel"
1--WE will have no more debate, Mr..
Holmes-the matter Is decided"
The examination of jurors then pro-
ceedcd, when Shoemaker again arose
and stated that the prisoner absolute
~ forbade them from representing
him In the case. and declared that he
(HOlmes) would examine the Jurors
and witnesses himself
Judge Arnold said lie would permit
Holmes to question the jurors II lie so
desired while counsel considered tho
question of their proceeding. Holmes
armed himself with pencil and paper,
and Enoch Turner, the first juror. was
At this juncture Messrs. Roian and
Shoemaker arose and declared that
they felt obliged to Withdraw from
the case, regardless Of consequences
"You nust take the consequences
thcn," said the Judge. but the two
lawyers without further ado left the
court room. Still determined, howev.
or, to have no delay, the common.
wealth's officers consulted with the
Judge, and they called upon Everett
NJ. Schofield and J. A. Fahey. young
members of the bar, who agreed to as.
sumo the grave responsibility, with
all aid possible from Mr.. Graham.
Holmes. however, objected that us hc
knew nothing Of these gentlemen, he
did not care to entrust Ills life ia
them.
"Do you then refuse to allow these
gentlemen to defend youy'
Il do, sir. II I am not allowed the
continuance until tomorrow, l must
ask to try the case myself"
"Well. we will go on to-day" said
the Judge, 'and We will see about
your engaging Mr.. Moon later on"
The examination of Jurors was then
resumed and before recess the twelve
had been selected.
Another Sensation.
District Attorney Graham made the
opening speech, in which he de.
nounced Holmes as murderer. swirl
dler and all-arOund villain. Holmes
retained his c0mposure and took copi-
Gus notes Of Graham's speech.
Holmes then said: ~ repeat my
request for nm interview with n GER
tain party--the party l spoke of this
morning." and observing the inquir-
ing look from Mr.. Graham. lie ex-
claimed sharply and with a defiant
gaze Mt that ofiicial-''my wife,"
(Which wife?" retortcd the district
attorney sharply.
There was suspicion Of tears In
the voice of the friendless man, as
lle responded with bitterness that
was real: "You well know whom l
men, Mr.. Graham. The person you
have seen fit to designate as Miss
Yoke, thereby casting slur ON both
her and myself"
"She will not gee you," the district
attorney declared. "YOu had the op-