Evening star., 1895-10-28
A Continuance Refused and His
Counsel Withdraw.
ESSAYS TO CONDUCT His OWN Case
Refuses to Accept Lawyers AS
signed Him.
AN VENTFUL SION

Holmes, VINO. according 10 MS own remark
able confessions, stands at the head Of the
| list of modern criminals. was put on trial
in the court of oyer and terminer this
| morning for the murder of Benjamin Pietzel.
Arraigned against him as the common
wealth's prosecutors were District Attorney
George S. Graham and his special assistant,
Thomas W. Barlow, while the counsel for
the prisoner were William A. Shoemaker
| and Samuel p. Rotan, young members of
| the Junior bar of this city. Judge Michael
Arnold was upon the bench.
For nearly an hour before the time fixed
for the opening of the court room, on the
sixth floor of the big city hall. crowd be-
gan to gather in the corridors without.
| Thanks to the announcement that only
those having business with the case would
be admitted to the court room there We're
not so many as were to have been expected.
Every door of the room was barred and
| guarded by force of court officers, aided
| by a special detail of reserve policemen.
| and, in consequence of these admirable ar
rangements, the witnesses, Jurors and news
paper men were accommodated without
difficulty. By these means enough of the
general public were admitted to well fill
| the room without uncomfortable crowding.
and thereafter the doors were locked and
no one else allowed to pass in.
The witnesses brought from Canada and
different parts of this country were escort
ed into court shortly before 10 o'clock by
Detective Frank Geyer, whose travels
throughout tie United States in a search
| for evidence against Holmes-a search re-
puted to have been consp:cuously success
ful-have been from time to time published.
Promptly at 10 O'Clock the dismal and
CnmeeEing 'OyeZ, oyez," was pronounced
by the crier, and as eNefy--Pefsoa~pFesen
arose, court was formally declared open.
Judge Arnold, clad - In -1is long black
gown, the wearing of which is new de-
paiture with the Philadelphia judiciary.
was in his seat on the bench. Crier Hart
Immediately began the calling of the panel
of jurors
Holmes Comes In.
A moment later the iron door of the large
"cage" leading from the cell room. changed
and Holmes was brought in by tpstan.
and placed in the smaller dock in the
center of the room, at the further corner
| Of the jury box, Immediately back Of his
attorneys table and surrounded by the
| desks of the newspap per representatives. A
stalwart officer stood az either side of the
dock. --.-.-
Holmes. who has grown a full black beard
since his confinement in MoyamensinS
prison, looked pale and wan, but imrnacu-
lately neat. His hair carefully parted,
his beard trimmed almost to a point, and
the black cheviot suit he wore was scrupu-
lously clean. He was plainly nervous, and
looked about the room with a shifty eS-
preston in his steely blue eyes. Occasion
ally he would lean forward and address a
whispered word to his counsel, and on one
occasion, as he glanced from right to left.
smile, forced and unreal, played about the
corners of his thin lips.
The first wait was caused by the non-ap-
pearance of Mr.. Shoemaker, of counsel for
the defense, who did not come into court
until 10:15 O'clock, He stopped and shook
hands with Holmes, and, taking his seat,
Mr.. Graham instantly asked that the case
proceed.
Holmes was then ordered to rise. and was
formally told of his right to challenge iu-
rors. He received the Information i'm
passivefy.
The moment this formally had been con-
cluded, MIR. Shoemaker arose and asked fer
| a continuance of the case. He urged as
mis- basis the lack of time which had ham,
pered the preparation of the defense.
There are three homicide cases involved
| in this case" he urged, land We have had
| only as much time as would be adequate fer
the preparation of one"
There is evidence he continued, ito be
| obtained not only from distant points in this
| country, but also from abroad, which the
defense have been unable to procure in the
short space of time left to them since the
finding of the ind;ctment-evidence which
would be of the utmost importance to the
| defense. The prosecution Mr.. Shoemaker
added, have been working on their case :or
| three hundred days, while the defense have
had but sixty"
Under these circumstances he felt justi-
| fed in asking for continuance of sixty
their witnesses. Many of these would pre-
sent newly discovered evidence of such vital
Importance that Holmes would undoubte edly
be acquitted of this charge.
Protests Against Delay.
At the conclusion Of Mr.. Shoemake:''s ad-
dress, Mr.. Graham arose and said he would
protest with all his vigor against the grant
ing of continuance. After dwelling upon
| the difficulty and expense to which the COM
| monwealth had been put In securing Wit
nesSeS, he declared that postponement
meant the absolute destruction Of the COM
monwealth's case. No legal grounds had
been laid for the request, bat 1t was simply
i left to the courts discretion.
Mr.. Graham then dwelt upon the severe
strain under which Mrs. P.tezel has been
put, ana said an examination into her men,
| tai condition had made it apparent that were
continuance granted the commonwealth
would lose its most important witness
Mr.. Rotan of the defense renewed the
properly try this case, they must be fully
ard thoroughly informed of the other mur-
Ger charses against Holmes. But it was
not altogether i question of time he went
on. Money was needed to bring witnesses
here, and, as 1t was generally known
Holmes has sufficient assets to realize
goodly sum. were the extension allowed.
MIR. Rotan also announced that within tho
Fast four or five days evidence had come
to their knowledge which would put an en-.
tirely different aspect upon the case.
unable to go with this case. The de-
fense is not prepared. This case has neven
been postponed, anI the arraignment was
made only five weeks ago. If, as the coma
mcnweath asserts, Mrs. PitaIa is in an
unhealthy state, We dc not care to take ad-
vantage oe that We are willing TO waive
! the right of the defendant, and allow Eer
! testimony TO be- takeS nov, or at any time.
! Or IL the commonwealth will agree not to
introduce any of the testimony bearing
lpon the cases, will 80 on IT once. But,
| otherwise, handicapped as we are. We must
e.rn estiy beg n cont nu2nce.
Judge Arnold Npmptly replied: The mo-
! ton for a continuance is overraled.'
He briefly called attention to the fact that
| the defense had been fully apprised that no
! such motion would be entertained. Such
was still the case.
Prisoners Counsel Withdraw.
Mr.. Shoemaker and Mr.. Retain then Great
| ed a mild sensation by saying in turn 20 The
court, if the judges decision was irrevoc-
| able they would withdraw from the case.
| but Judge Arnold spelled this boomerang by
declaring that a member OF the bar who
would withdraw from a murder case en- the