Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1895-11-03

place to put his neck in danger by COM
ing voluntarily to this city had he com1
miUted a murder here?
In conclusion he begged the jury to
carefully weigh the facts and then give
the prisoner the benefit of the doubt
Mr.. Rotan concluded his address at
4:90 o'clock and Judge Arnold charged
the jury.
He began with the usual definition of
the various degrees Of murder and
manslaughter, and read several pas
sages from the penal code Of Pennsyl-
vania. He instructed the jury to di-
rect their thoughts tQ the question
whG.her the prisoner had committed
murder, and If so, Of what degree. II
the Commonwealth had proved that it
was a Wilful, deliberated, premeditated
murder, chen he was guilty Of murder in
the first degree.
"A number Of witnesses have been
calid and the testimony is known as
circumstantial. OF this kind Of tes-
timony 1 viii say many of the most i'm
portant acses are proved by such evil
dence. I do not think I eXaggerare
when I say half Of them are decided on
such evidence. All evidence is more or
less c.rcumstant.aL The difference is
only in the degrees of 1t"
After citing Illustrations of this, the
judge continued:
In the case cf killing by poison, eX-
perence shows that nearly all such
cases are proved by circumstanJial evil
dence.
Three questions must be determined
by you in this case.
First, is Pietzel dead?; second did
he die a violent death? Third, if he
did, did the prisoner kill him or did he
commit suicide?"
The judge reviewed the evidence at
length, and continuing, said:
Now, was it a suicide or a murder?
1t is argued by counsel for the prisoner
that it was a suicide If it was so, the
natural impulse would have been TO
notify the police upon discovering the
body. But he says he did not do so be
cause he wanted to make IL appear an
explosion so as to defraud the insurance
company. The next step was told by
Miss Yoke. The prisoner crOss-eXan-
ined her himself"
Here the judge quoted from her tes-
timOny concerning Holmes return to
the Eleventh street house on Sunday
afternoon Of the murder.
IF, upon all the evidence you are
satisfied P.etzel was killed by Holmes
by means Of chloroform, It is a case Of
murder in the first degree If persuad-
ed hfr - Of
was suicide and not murder, then you
mus, acQuit
IF, after hearing this testimony, you
are unable to make up your mind that
he is guilty, if you feel a hesitancy,
doubt you must give him the benefit of
the doubt and acquit him. If not, you
must find him guilty of murder in the
first degree.
If you have any impression in your
mind Of anything read in the newspa-
pers or spoken in the court room about
cases other than the one on trial, the
murder Of Benjamin T. PietZel, pray
dismiss them from your mind, and con-
slider the case with the utmost care.
You may now retire and consider your
verdict"
Thus, at $40 o'clock in the afternoon,
H0lmes's fate passed into the hands of
the jury.
The twelve men were Immediately
taken to their celebrating room, under
the escort Of a corps Of court officers,
and the best efforts of the tipstaves
could not Quell the buzz of excitement
which arose in the room. Interest was
at fever heat, and in spite of the late
hour, not q seat was to be had within
the four walls, nor was one relinquished
even during the recess which followed.
Holmes was taken back to the cell
room and, although a smile was on his
lips, it was clear that he was extremely
nervous.
Judge Arnold told the jury he would
remain in the building in case they
wanted to communicate with him.
WILL EXTRADITE HIM.
indianapolis, Ind. November .
County Prosecutor Wiltsie. of this Mar
i0n) county, sent a telegram from here
to-day to a New York newspaper in re
sponse to one asking what steps would
be taken here in case II. II. Holmes is
acquitted at Philadelphia. The sub
stance of the answer was that steps
would be taken to exradite Holmes and
bring him here to answer to the charge
Of numbering Howard Pietzel in Irv-
ingt0n, a suburb Of this city II is be-
lieved here that certain conviction
awaits Holmes should he be .ried here
DTt-D OF yTyDROPT4ouTl