The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1895-11-02

what violent movement of the muscles
and then they relax and become limp.
Dr. Lehman thought that it would
be an even chance if chloroform was adj
ministered to a man very drunk, that it
would not rouse him, although he
thought it might be done by skilled
operator
Mr.. Rotan put the witness through a
close line of examination tending toward
sustaining the theory of the defense that
Pietzel committed suicide. He elicitated
some points favorable to this theory but
in the main the opinion of DIR. Lehman
was adverse to the defense.
The defense developed what will be it's
specific denial during DIR. Leffman's ex-
animation.
Mr.. Rotan asked DR.. Lehman whether
! in an alcoholic stomach, such as PietzeP S
was, it was not possible that the irrita-
tion OF the stomach came from chlo1o-
form, as well as from the liquoL.
DIR. Lehman answered that it was, and
added that only the very closest examina-
tion would reveal whether the irritation
of the stomach was produced by alcohol
or chloroform. Chluroform administered
after death does not irritate the stomach
and it has been the contention of the
prosecution that there was no irritations
of Pietzel's stomach.
DIR. Mattern gave some unimportant
testimony and Mr.. Graham gave notice
that the case for the Commonwealth was
closed
The case made out against Holmes was
WoefulIy weak, as far as any direct
evidence duplicating the accused in the
murder of Pietzel. The circumstantial
evidence was not strong and only by
Holnes's own adm ission that he was at
the house on that fatal Sunday could the
prosecution show he was with lPietzel for
at least thirteen hours before the latter S
death.
little or no defense and this far together
with Holiness black record has
strengthened the weak places in the Com
monwealth's case.
This afternoon, Mr.. Rotan addressing
Judge Arnold, said the defense was salts
fed the Commonwealth had failed to
prove it's case, and as there was reasonable
doubt from the evidence a3a that pletzel Was
killed in the house at 1916 CallOWh1ll
street, Mr.. Rotan asked the court to
either discharge the prisoner or charge
the jury to acquit Holmes.
Mr.. Graham said that Mr.. Rotan's re-
quest was so ridiculous that he would not
even reply to it. Judge Arnold refused
to make a rule discharging the prisoner,
and said that the case must go to the
jury.
Mr. Rotan then asked for recess, for
two or three hours, saying that he and
his colleague had not had time to consult
with their client and arrange line OF
defense. Judge Arnold refused to grant
the request, stating that the defense must
either proceed with Its side of the case or
allow the case to go to the jury.
Mr.. Rotan then asked, :and was granted,
permission to speak privately to the
judge.
After whispered conversation between
Mr.. Rotan and Judge Arnold, the latter
announced a recess of half an hour. Mr..
Rotan and Mr.. Shoemaker returned to
court at 3,15, held five minutes consul
tation with Judge Arnold and Mr..
Graham, at the conclusion of which the
Judge directed that Holmes be brought
back to court. Before the prisoner was
brought in, it was announced the defence
would rest it's case on the Common
wealth's testimony. Holmes was brought
in directly, and although it must have
been a trying moment for him, he showed
no evidence of discomposure. Mr.. Rotan
stated to the court the conclusion he and
Mr.. Shoemaker had arrived at. He said
they arrived at this conclusion because a
lack of time prevented them from bring
ing important witnesses from q distance,
and also because they felt that the Com
monwealth had not made out its case
The defense was willing to rest with the
proyiso that the court would not hasten
them with their speeches and would
allow the case to go over until tomorrow
morning. This was agreeable to Mr..
Graham, and it was agreed that the
closing arguments on both sides be made
tomorrow and the case given to the jury.
The court than adjourned till tomorrow
morning.