The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-30

all was not right and instituted a search
of the house. Lying on the floor in the
second-story back room was the body OF
man.
Smith recognized Holmes as man he
once saw at Pietzel's house, but he never
knew who he was until they met at the
time of exhumation of the body of Pietzel
for the purpose of Identification in secur-
ing the insurance money. Smith said
that Holmes offered $50 at that time to
have the body cremated
District Attorney Graham turned the
witness over to Holmes for cross-examina-
ton. Holmes line of examination of
Smith was directed toward showing that
the latter could not have seen him
(Holmes) enter the house and pass up
stairs as he testified from the place in
which he (Smith) was sitting in the room
at the time. Holmes admitted that he
was at the house, but his evident object
was to discredit Smith with the jury, not
| as regarded the witness honesty of testl-
mony, for that was only too evident, but
| with his recollection of events that came
| under his notice, and that he had heard or
been told and afterward confused it with
facts OF his personal knowledge.
| Smith was allowed to stand aside while
plan of the house was put in evidence.
| Smith was again recalled, and showed
upon the plans the place where he discov-
cred PietzePs body. While Holmes was
cross-examining Smith. District Attorney
Graham carelessly placed the large crayon
of PietZel upon the table directly before
Holmes, and the prisoner could not avoid
seeing staring steadily at him the face of
the man he is being tried for killing.
After cross-examination of an hour, in
which Smiths testimony was not shaken
! by Holmes, the witness was dismissed.
DR.. William ]. Scott, the young physi-
clan, who was called when the body was
found was the next witness. He testified
to what was IN the room and the incidents
connected with the finding of the body.
Recess until 2:30 was taken before his
cross-examination by Holmes.
Pietzel at one time wore a beard, and
Holmes extracted from DR.. Scott the ac-
acknowledgement that he had expressed the
opinion that the murdered man could not
have raised whiskers on his cheeks owing
to the sparse growth of hair there. In an
swer to the question, DR.. Scott said that
there was about an ounce of chIoroform
found in PietzePs stomach. No food was
found in the stomach or any alcohol,
| although there were evidences that Pietzel
had been an Incorporate man.
Holmes asked DIR. Scott if at any
| time he had expressed the opinion that
the body found at 1916 Gallowhill street
could not have been that of Pietzel. DIR.
Scott replied that he did not say this, but
he had said it would have been impossible
for even friend to have recognized the
body in the condition 1t was.
The next witness was DR.. William K
Mattern, physician to the Coroner. When
DR.. Mattern's name was called Holmes
| asked the court that the physicians testl-
| mony be postponed until tomorrow, as he
was an important witness and he wanted
plenty of time to examine him.
Mr.. Graham objected and styled Holmes
request as by-play and DR.. Mattern was
called to the stand. After testifying to
the exterior condition of the body. Dr.
Mattern said that the lungs were greatly
congested, indicating that death had been
sudden. A half ounce or more of chloro-
form was found in the stomach.
AS there was no trace of irritation found
in the stomach DR.. Mattern was of the
opinion that the chloroform was injected
into the stomach after death. The cause
of death was given by DIR. Mattern as
chloroform poisoning. DR.. Mattern de-
scribed the scene at the exhumation of the
body at the potter's field and the active
part taken in the Identification by Holmes.
Dr. Mattern had no lancet with him, but
when it was necessary to use one Holmes
produced one from his pocket and stripped
the skin from the leg of the dead man to
show an old wound.
Holmes then began to cross-examine DIR.
Mattern. He was asked the color of Piet-
zel's mustache and hair and replied that
the former was reddish and the latter dark
brown.
At the request OF Holmes the court di-
rected DR.. Mattern to read the notes he
took of the description of the body at the
time he held his inquest. As DR.. Mattern
read his notes Holmes copied them
Holmes subjected the witness to long
technical examination upon the condition
the stomach and brain would be in after
chloroform poisoning and excessive indul-
gence in alcoholic liquor. DIR. Mattern
could not say from the condition the BODY
was in whether the chloroform in the
stomach had been injected hypodermi-
cally or whether it had been forced down
the throat.
Holmes for the first time seemed to
score point. He asked Dr. Mattern if
he had not made report to the Coroner
that death was due to congestion of the
lungs from the inhalation of poisonous or
noxious gases, and the physician replied
that he had. A moment later DR.. Mat
tern denied that he had said this, and
Holmes appealed to the notes of the court
stenographer. These sustained him, and
then DR.. Mattern explained that he thought
Holmes had asked the question in refer
ence to other cases, and Holmes point
went for naught.
Holmes questioned DR.. Mattern closely
as to how Pietzel was killed by chloroform
poisoning; if .he poison was injected into
the mans stomach after death? Just as
the line of questioning began to grow III
teresting Holmes announced that he was
growing confused with his own questions,
and that for the present he would aban-
don that phase of the subject and take it