Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-11-07
WIIMINGTON DELAWARE THURSDAY, NOYENIBER Z. 1895.

dence and the exhibition in open court
Of the bones of the boy, Howard Pite-
eel, the stove in which he was burned,
the toys and clothing which the
mother identified, and the trunk in
which Alice and Nellie were smothersd.
Nearly 80 witnesses, gathered from dis
tant cities by the prosecution cannot
now give their testimony. This has
brought about the sudden closing Of
the commonwealth case.
To-days' session was begun by tho re-
calling of Mrs. Pitezel. Mr.. Graham
asked her if there were any cuffs to tho
shirt she yesterday identified as her
husbands, and she replied that
Holmes had taken them from the trunk
and destroyed them. This was the only
question.
On cross examination Mr.. Shoemaker
rigidly questioned the unfortunate
woman concerning her travels with
Holmes and her subsequent arrest for
conspiracy. His apparent intention
was to show that Mrs. Pitezel had been
tho controlling influence during the
ramblings throughout the country, and
that she carried Holmes about in an
attempt to evade arrest.
"You want to prove that she was not
Trilby but Svengali, " suggested Judge
Arnold. IA
"That she led him."
Edward Ii. Cass, Chicago agent for
the insurance company, testified that
he had visited Holiness house in Will
liamette, Ill. Ho did not SEQ Holmes,
but met woman calling herself Mrs.
Holmes. He identified her picture, in
which she is shown holding an infant,
Holmes child, lovingly against her face.
John King of New York testified to
reading the copy and proof of Holmes
book, entitled ''Holmes Own Story.
Detective Geyer, recalled, said he
had been sent down to Holmes cell
five weeks ago to see IL there was any
poison concealed there. While making
search, he came upon the manuscript
of the book and brought it to the dis
trict attorney.
DIR. Leifman was recalled and an
swered "A number of questions about the
effects of chloroiorm.
Philadelphia, Pa, Nov. 2.-Seats in
tho criminal court were at higher
premium this morning than at any time
since the Holmes trial began. The
series of theatrical incidents which
crowded upon one another all week,
eliminating in yesterday 8 climax when
the defence resolved to go to the jury
without evidence, relying on the sup
posed weakness of the commonwealth S
case had such an effect on the public
that before 7 o'clock this morning,
there was pushing, surging crowd in
the corridors, waiting and hoping to
gain entrance. Everybody understood
that when the argument would begin,
upon the assembling of court to-day,
the opening address to the jury by
District Attorney Graham would be
the effort of his life.
For the first time since the trial
began last Monday, the gallery was
opened to the surplus portion of the
public having the necessary creden-
lower floor had been filled to its ca
were women. The camera fiend was
but there he was up in the gallery with
his machine leveled on Holmes in the
dock.
Contrary to all expectation, the con
sensus of opinion last night and this
morning seemed to be that Holmes
would be acquitted. Nine out of every
10 persons questioned on the subject,
lawyers or laymen agreed that he ought
to hang ION general principles, !"
enough crimes having been fastened
upon him, but that the murder of
Pitezel had not been brought home to
him beyond a reasonable doubt, Even
bets were being freely made last night
on his acquittal.
When the jury filed into court, a
moment after 10 O'Clock this morning,
they looked tired and unkempt, and
there was thin growth of beard on
every face. There was uniform express
sion in their eyes, an expression telling
of resignation to present misfortune
and hope for the near future.
At 10. 10 O'Clock, Mr.. Rotan, junior
counsel for the defence, came into
court and asked Judge Arnold for a
few moments indulgence, saying he
had Just received word from a neigh
boring drug store that his colleague,
Mr., Shoemaker was sick there, and
he desired to join him. Mr. Rotan
himself showed the strain under which
he has labored.
He returned half hour later and
said he had found Mr.. Shoemaker
under the care Of physician, suffering
from complete nervous prostration. He
called this to the attention of the court,
in view of a point of law regarding the
commonwealth right to make the
closing address to the jury when the
defence presented no evidence.
Mr., Graham, however, ended tho
| question by offering TO waive his right
to the last speech, and there will be
but one address ON each side instead
of two by the prosecution.
Col. William b. Mann, the venerable
prothonotary, whose eloquence when
| district attorney years ago sent many
u felon to the gallows, came into court
to listen to Mr.. Graham's address. This
was begun at TO- 55 'clock, He opened
by referring to the relief with which
the jury must contemplate the ap-
proaching end of the trial.
:" am going to ask you, -" he CON
tinued, ito give me your best atten-
tion and your best thought while /
reason with you about the evidence
and then my young friend, will do the
same for the prisoner. Mr.. Graham
then continued his argument.
Herman W. Mudgett, alias II. Ii.
Holmes, charged with killing Benja-
min f. Pitezel, was found guilty on
Saturday night of murder in the first
degree. His counsel moved for new
trial.
The High school Library.
The High School library, which
occupies one of the rooms in the school
building, has been appropriately fitted