The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-10-29


tscally impossible without a continuance
until some future sinle. Judge Arnold re-
stsrsteS that tae csSs should proceed ws<h-
out delay. Mr.. Moon replied that in that
event he felt constrained TO 3eclne 20
participate IN r.
After Holmes had exhausted all out two
~ the challenges allowed him he made
another earnest ples for a Continuance un-
til tomorrow morning. on the ground mat
he wanted 10 get certain necessary papers
from MsSsrs. Rotan and Shoemaker. and
have an interview With a certain person
In this city," Judge Arnold was inffcxihle.
however. and reminded Holmes that he
had discharged his counsel in his effort
10 force a continuance. but that the E1sse
would prove ineffective. as she case must
proved. He would. however. be permit
ted 70 send for the papers mentioned.
The Jurors were then sworn Individual
Is. and the court took a recess unti :
O'Clock When the court had recanvened
District Attorney Graham began his open
ing address 20 the jury. After rehears-
ing the technical details Of the charge as
laid down IN the indictment and explain
ing their legal meaning, he told n em that
4 VAS within their power 10 find one Of
four verdscts. IL the evidence Justified
them. manslaughteT. murder in The Sec
ond degree, murder in the first degree or
acquittal. ana he defined the elements Of
however, that after hearing She evidence
they would agree with him thar the crime
was murder in the first degree because the
Intent was plain from the manner in which
the crime Was committed. II Il was rnur-
der at all, ii was murder in the first de-
gree.
Proceeding. the district attorney out
lined the story OF the crime. 1--WE have
charged In the indictment that the date
Of the murder was September >. 1884, he
he continued. We do not know this posi-
lively. because the body was not d!Scov-
cred until September (. but the crime was
committed between the fst and 9TH" The
district attorneys next step was to out
line the story of the crime from the time
Of the discovery Of the body IN the Callow-
hll street house by Eugene Smith, a car
penter, who had been in the employ Of the
dead man. The body. burned and black
ened. was lying IN an attitude of peaceful
repose. said Nr. Graham. without a sign
OF struggle. Near hv was a glass Jar
broken rs IL by the alleged explosion in
which Pitzel was supposed 70 have met
his death. Mr.. Graham shattered this
theory in a word by declaring that the
glass was broken inside. and not outside
and away from the Jar. as would have
been the case had there been an expIo-
sion OF the fumes of the cleaning hu.d II
had contained. When found the body
the face was almost beyond recognition,
although the crime had been committed
only a day or two before. This. Mr.. era
ham declared. was part OF Holmes
wel-lad scheme for II was found that
the windows had been left open and the
body arranged IN such position that the
rays of the sun would fall upon II. and
thus hasten decomposition. In truth. ev-
erything in the room had been most care
fully arranged. mot hy the dead man"
Numbered the district attorney. hut by
the living. by the destroyer" Passing to
the time Of the autopsy. Mr. Graham re-
lated how the coroner's physicians had
found the lungs congested the heart
empty proving that death had come so.d-
denly. and traces of chloroform in the
stomach, evidently injected after death.
because in q living stomach viridatlon
would have been produced. which was not
apparent i'm this case. Mr. Graham de-
tailed the forming Of the alleged cnnspir-
acy before the murder 10 defraud the In
surance company by the substitution Of
body for that OF Pltzel. and enlarged up-
on il and its many rsmifcations at con
siderable length. lie pursued the story OF
Holmes various movements, the disap-
pearance Of the Pitzel children and the
many conflicting stories told by Holmes,
all OF which have been fully published.
Throughout the district attorneys adj
dress Homes
taking copious notes and listening with
intent interest. but without a shade of
expression. even when Mr.. Graham's reso-
nant voice rang out the most scathing
denunciations. District Attorney Graham
spoke for one hour and twenty min
utes. concluding at 4;i0 o'clock in the after
noon He then had brief talk with tho
indEe and agreed with him that. in view
of the Iateness Of the hour IL would he
inexpedient 10 begin the taking Of testi-
rnony as the examination OF the first Wit
nessess would be interrupted by the sup
per recess.
II was therefore decided to adjourn court
until 10 o'clock tomorrow. When this be-
came known 70 Holmes he arose IN tho
dock, and the last sensation OF day re-
plete with extraordinary incidents oc-
CURED May il please your honor, ne
began. his weak voice vibrating with the
emotion which MS wonderful self-controi
prevented from betray4ng in MS face. Il
am forced TO ask certain privileges oe ac-
corded me in prison. They are not very
extensive privileges I must ask the d.s-
trict attorney 10 allow me TO have IN my
cen light, paper and writing materials,
that NAV be enabled 20 prepare my case.
And I also ask tho privilege OF sending or
having some one connected With the court
sent 10 Port Worth. Tex. for certain pa
pers essential TO mellow essenual OLA
KNOW /
sress this afternoon. Again ask that
be furnished with a list OF the Witnesses
10 ne called by the commonwealth
II decline to give that" sasi the district
attorney. eTnpNa tically. Il VIII furnish
that 20 nobody"
s~Thep." continued Holmes, Il repeat my
request for an interview with certain
partv-she party spoke of this morning.
and observing an inquiring look from Mr..
Graham. he exclaimed sharply and "7in
defiant gaze AZ that official "uy wife
(which wife," recorted the district at
torney. sharply.
There was a suspicion ~ tears In tho
voice OF the fr.endless man "a he respond
ef With A bitterness that was real; = on
v,sll knop, vsbor, I mean Mr.. Graham.
TIE person YOU have seen ~ 10 designate
as Miss Yoke. thereby casting SUR on
both her and my self.
..sna will not see YOU" The district at
tornev declared. You had the emporium
itv- "a snes,k 20 her in my ONCE. but she
shunnea YOU =" II never had, cried Holmes.
~ say tiat / was legally married - this wo-
man Two years ago. ard there has been
rn seDarstson except that brought about
~ ,-ou Mr.. Graham. Al least he plead
81 sna there ass no one in the crowded
tribunal VINO could for a moment Tepress
a feeling Of Pity for the unfortunate man.
cat least allow me 70 write and ask her.
g, mat she may answer AMI I can read,
IN her writing. that sne does not want 70
sea me !" she told you 50 20 your face
exeIairr1eH Mr. Graham. Il beg % differ
with YOU sir" and an angry nuSb f9f an
instant sufT,sed the cheeks 0leseaed with
prison pallor.
Here Judge Arnold interposed- mir Hoi-
mes" re cried ''yoH viii - allowed 20
write a letter 20 her and Il viii oe sent by
orA Of the court officers" ''f do not want
IL taken hy any officer who IS IA any y AZ