The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-11-07
TWELVE MEN sly HE rs GUILTY
OF MURDER IN THE FIRST
DEGREE.
'AE PRISONER GOUGHED SLIGHTLY.
That Was the Only Effect it Had on
Him When He Heard His Doom
Application for Leave to File
New Trial.

Iulauelpuiu, NoN. Z'-denry ID.
Holmes was convicted of murder in the
first degree at S:51 o'clock tonight for
killing Benjamin f. Pietzel. He coughed
slightly when he heard the words; that
was the only sign.
The jury retired to deliberate at $40
o'clock this afternoon. According to one
Of their number they had reached their
verdict before the doors of their room
closed upon them. For hunger's sake
they ate their supper first. Then they
took ballot and without hesitation
every man of the twelve answered:
Guilty of murder in the first degree"
But however atrocious the crime, how
ever fiendish the criminal, it is hard to
send man to the gallows in one min
ute's time. So, for decencys sake they
talked about the case for seemly pc
rod, for about an hour and half. Then
word was sent into court that they had
agreed. This was at Se15 o'clock. 1t
took half an hour to get the court in
readiness to receive verdict. Such
things are, not done too quickly. Holmes
maker. in the cell room before he was
taken back to Moyamensdng prison. TO
hem he said: lN0
Il feel that this cond jemns me. 1t
was an unjust trial"
He would say no more Ythan that.
Immediately after the announcement
u the verdict the usual application for
Ieaye to hle motion 1or new trial was
made. District AttQnney Graham did
ne: oppose the mots3n and Judge Arnold
liked the 18th of this month for hear
ing; The principaia reason urged will be
'ack OF time FOR bfthe preparation of the
license. Sh0ul9f a new trial be refused
an appeal Will 7be taken to the supreme
court and argI hment heard at its next
Sl(lng III TINS Gkity January, 1896.
80, even II everything goes against
hll, homes HAS yet some time to spend
on the earth from which he is alleged
to have sent Fso many fellow mortals.
he verdict was a surprise to many
persons, whoI did not believe the crime
had been faISt4ystened upon Holmes beyond
"easonablye doubt. When these heard
It they saiY a: swell, if it was not on
general pr1 hciples, it is just as good"
mat is no. the meaning of the law. but
IN this cas- Je everybody agrees that it is
lust as 7 good"
There y vas no word of pity or sympa-
thy for he condemned felon. He is re-
garded Q Is a menace to society. Up IN
Gilmant on, n. H., there are two old peo-
pie, his father and his mother, and he
has 81 $50 two brothers and two sisters,
but not one of his kin was heard from
du' fling the trial. e..
ksiWhen the jury went out an indefinite
rfAcess was taken. Judge Arnold SAID ne
n would remain in the building until md
night, if necessary, and if no verdict had
been reached by that time he would come
to court at 10 o'clock tomorrow morning.
Nobody believed there would be occa-
sion for this There were many wagers
that the verdict would be in tonight ana
more as to it's nature.
At 8 o'clock there was hustle OF NOV,
ing people in the packed courtroom ana
II became known that the jury was COM
ing in. A few moments later Judge Ar
nod took his seat. District Attorney
Graham and his assistant entered ana
tbp Jury filed solomnly in and took their
outs in the box. Then, amid an oppres-,
3iye silence Holmes was brought IN l, anu
placed in the dock. For moment there
vas not sound. The silence was
jiterally painful and every heart in that
rrowded room throbbed faster The
man who was about to hear his doom
nrnnounced stood erect in the dock, the
same death-like pallor, which could grow,
NO deeped, was on his face. lie stared
nj the Jury blankly, his hands clasped
b2hind his back. Once or twice he
mpistened his lips with his tongue. Ihere
was no other sign of agitation. Then
som the deep voiced court clerk came the
awful words: Jurors, look upon the
prisoner; prisoner look upon the Jurors;
Cow say you, gentlemen OF the jury
Do you find the prisoner at the bar, her
nan w. Midget, alias r. DBL n; n ION II
guilty of the murder OF Benjamin II.
I'ietzel, or not guilty?"
oram m from the foreman: "Guilty of
murder in the first degree
Hem, hem," uttered Holmes, clearing
his troat, but his shrunken form never
1uivered, his lips betrayed no qulyer,
lin. There was only. a, tighter clasp OF
Tie hands folded behind. Then he sat
down and at the request of the counsel
r6a Jury was polled. AS each name was
lied Holmes wrote it on the margin OF
= newspaper in his hand and the fingers
holding the pencil never shook. Inc Inc
ecrdict was formally recorded Dy tne
made and after Judge Arnold had sp0k-
on a word of regret to counsel for the de-
tense because of last Mondays occur
renee, when they withdrew from the
case, and appreciation for their arduous
but faithless labors, Holmes was taken
to his sell room and few moments later
10 prison. Then the jury was thanked
IbE lHeu dItCh'iOh ohu i"DOAS $500
home.
The court adjourned and the most eX-
traodinary case in the annals of Amerl-
can courts was ended. The proceedings
n, the last day were uneventful, except
or the last tragis scene.
District Attorney Graham opened the
ssion with his address to the jury. He
las followed by Mr.. Rotan, who, in his
sneecb. presented the only form of de
fense-that Pietzel had committed
suicide-resting on the assumption that
fhe commonwealth had not made out
rase beyond reasonable doubt.
Judge Arnold charged the Jury tol
more than an hour. The district at
torney said his instructions were Iair anu
impartial.
When the trial began last Monday
everybody, including the common
weaith's officer anticipated that II wouio
lrngthen into many weeks. 1t lasted SIN
lays. A., oo,r+,s do.
This was the result of the court ue.
sion that no evidence touching upon
Iolmes' other crimes should De lhtTo
duced into this particular. case ana tnt
conduct of counsel presenting no delens'
other than argument.
The swift developments treadlng upo t
each others heels, and every one OUT
Hoing the forerunner for sensatlonaiiShi
are public knowledge.