River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1895-11-07

bors and sent home. the court adj
journed and the most extraordinary
case in the annals of American courts
was ended.
Immediately after the announcement
of the verdict the usual application for
leave to file n motion for new trial was
made. District Attorney Graham did
not oppose the motion, and Judge Ar
mold fixed the 18th of this month for
hearing. The principal ~e1son urged
will be lack of time for the preparation
of the defense. Should a new trial be
refused, an appeal will be taken to the
supreme court, and argument heard at
Its next sitting in this city, January.
1896.
Mr.. Graham made the argument for
the defense.
Judge Arnold, in his charge to the
jury, began with the usual definition of
e various degrees of murder and man
slaughter, and read several passages
from the penal code of Pennsylvania.
He instructed the jury to direct their
thoughts to the question whether the
prisoner had committed murder, and,
If so, of what degree. If the common
wealth had proved that it was a wilful,
deliberate and premeditated murder,
then he was guilty of murder in the first
degree. If persuaded that it was sui
eide and not murder. or if there was a
reasonable doubt in the minds of the
jurors they must acquit.
The verdict returned by the jury was
surprise to many persons who did not be-
lieve the crime had been fasteLed upon
Holmes beyond a reasonable doubt. When
these heard OF it they saiu We'll. # was
on general principles, and it's just as
good" That, however, Is not the meaning
of the law. but everybody agrees that its
just as good" There is no word of pity or
sympathy for the condemned felon He Is
regarded as "a menace to society.
During the trial the commonwealth pre-
sented no direct proof that Holmes had
murdered Pitzel. Their chain of circUm-
stantial evidence even " as not as strong
as had been expected. and but for the adj
missions of Holmes him self at various
times, the district attorney would have had
a most difficult task in making case at all.
Herman w. Mudgett, better known as Fl.
II. Holmes, the self-confessed life insur-
Gncc sw'ndler, and the alleged multi-mur-
derer, was placed on trial for his life on
Monday, October Is. At the outset the de-
Tense asked for a postponement of the case
for 80 days, claiming they had not had time
enough to prepare themselves and bring
their witnesses to the city. This being re-
fused, quite a sensation was created by
the withdrawal of the counsel for the de-
Tense. Holmes refused other counsel Of
fered by the court and said he would con-
duct his own case The questions he put
to the jurors as they came up showed great
shrewdness. Holmes also showed much
skill in his Cross-examination of the states
FfrHwN s.f
request and by permission of The court the
attorneys for the defense resumed charge
of the case. Wednesday afternoon Mrs.
Pitzel was on the witness stand. She told
of her various meetings with Holmes, and
of the latters associations with Pitzel Her
story was told simply, and the cross-ex-
animation was unable TO develop anything
favorable TO the defense, but If anything
only strengthened The story of Holmes
cold-blooded knavery. Later she identiled
the .rtrait of her husband and the Valise
he rs d when he left home.
Thursday things looked little more
favorable for the defense. This resulted
from two rulings of Judge Arnold. The
first was q refusal to allow certain letters
written by the fitzel children TO their
was a decision thwarting the plan or the
prosecution to drag the fate OF the TWO
children into the present case. But these
were but negative advantages, and out
side of confusing the prosecuting attor-
neys for time had little effect.
Holmes on Friday threw himself on the
mercy of the jury. Ills attorneys an
nounced that they considered the prosecu-
ton had not made out It's charge OF muruer
and they would rest their case upon the
evidence offered by the commonwealth ana
submit no testimony Ia defense OF the prls-
Oner.
Probably the decision of the jury was
most inf uenced by the fact that II had
been shown by expert testimony that fit-
zel could not have committed suicide, the
chloroform having been injected into the
stomach after death, and apparently the
only one to at all benefit by Pitzels death
was Holmes.