The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1895-11-09

LABEL fANAOAA VI ftOl@nEn
will be lack of time for the preparation
OF the defense. Should IA 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 prosecution and Mr.. Rotan that for
the defense.
Judge Arnold. in his charge TO the
jury. began with the usual definition OF
the various degrees OF murder and man
slaughter. and read several passages
from the penal code of Pennsylvania.
lie instructed the jury TO direct their
thoughts TO the question whether the
prisoner had committed murder. and,
IL 80. of what degree. II the common
wealth had proved that il was a wilful.
deliberate and premeditated murder,
then he was guilty of murder i'm the first
degree. III persuaded that il was sui
eide and not murder. or II there was q
reasonable doubt in the minds of the
Jurors they must acquit.
The verdict returned by the jury was
surprise 10 many persons who did not be-
lieve the crime had been fastened upon
Holmes beyond a reasonable doubt. When
these heard OF II they saio wen, Il was
on general principles. and it's just as
good" That. however. IL not tire meaning
OF the law. but everybody agrees that "it's
just as good" There Is no word OF pity or
sympathy for the condemned felon. lie IS
regarded as a menace TO society.
During the trial the commonwealth pre-
sented 70 direct proof that Holmes h,A
murdered Pitzel. Their chain of clrcunl-
stantial evidence even was not as strong
as had been expected und but for the adj
missions OF Holmes himself at various
times. the district attorney would have had
most dihicult task In making case at ALL
Herman w. Mudgett. better known as Il.
II. Holmes. the self-confessed life insur-
rncc swindlcr, and the alleged multi-mur-
derer, was placed on trial for his life on
Monday. October -. At the outset the de-
Tense asked for postponement or the case
for 90 days. claiming they had not had time
enough TO prepare themselves and bring
their witnesses 10 the city. This being re-
fused, quite sensation was created by
the withdrawal OF the counsel for the de-
Tense. Holmes refused other council Of
fcred 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
thili IN MS tfosa~tAAilAHdLipn Oh TUG htdht y
witnesses on Thursday evening at Holmes
reqpcst 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 Holiness and
OF the latter's associations with Pitzcl Her
story was told simply. and the cross-ex-
animation was unable 20 develop anything
favorable 20 the defense. but II anything
only strengthened the story OF Holmes
cold-blooded knaNery. Later she identified
the portrait OF her husband and tho vaiiso
he had when he lcft home.
Thursday things looked a little more
favorable for the defense. This resulted
frosn two rulings OF Judge Arnold The
first WAS n refusal 20 allow certain letters
written by the Fitzcl children TO their
mother 20 be read IN court Tho second
was a dccinion thwarting the plan or the
prosecution TO drag the fate Of the two
children into the present case. But these
wora but negative advantages. ard OUT
side Of confusing the prosecuting attor-
nsys for time had little effect.
Holmes on Friday threw himself on the
naorcy OF tho jury. His attorneys an
nouncod that they considered the prosecu-
ton had not made out its charge OF murder
and they would rest their case upon the
4videncc offered by the commonwealth and
submit no testimony In defense OF the prls-
oner.
Probably the decision OF the jury was
most influenced BY tho fact that II had
been shown by expert testimony that Fit-
eel could not have committed suicide, the
chlOr0form having been injected into the
stomach after death. and apparently tho
only one 10 at All benefit by Pitzeiu death
q.