Birmingham state herald., 1895-10-29

possible for the jury to find verdicts of either of mansaughter or murder in the second degree or murder in the first de- gree, or of an acquittal. He declared, however, he would ask for verdict of first degree murder.
 The district attorney went into the story of Benjamin F. Pietzers death and the incidents connected herewith at great length. He told of the finding on September f. 1894, of a partly decom- posed and mutilated body in the .ouse, No. 1916 Callowayhill street, in this city. which was supposed to be the remains or B. F. Perry, and who it was believed nad been killed by an accidental explosion of chemicals; he narrated the subsequent sending of letter to the Fidelity Mutual Life association of Philadelphia by Jep- tha D. Howe, a St. Louis attorney, in which he stated that the body found in the Collowayhill street house was not that of a man named Perry, but was Tn reality the corpse of Benjamin F. P1et- gel, and demanding, on behalf of his (Pietzel's) widow the $10,000 insurance which PietZel had upon his life, and fol- lowed up the burial of the body in the potters field, it's eXhumation by the m surance company and its Identification as Pietzels remains by Alice Pietzel, daughter of the deceased, and by Holmes. MT. Graham graphically pictured the many features of the case, and laid espe- cial stress upon the work of Detective Frank Grier in finding the charred re- mains of the children, Alice and Nellie Pietzel, in Toronto of the discovery or ethe remains of the boy Howard Pletzel, at Irvington, Ind, and of the suspicion that the three children were victims or the accused During the course or ms recital of Pietzel MT. Graham indicated that the commonwealth expected to prove that Pietzel was chloroformed to death while drunk.
 Returning to the finding of the body in Philadelphia the distrct attorney pointed his finger at the prisoner and dramatic ally declared: There is the Qlan who murdered Pietzel. It was he~who ar ranged the household effects, and being a physician he burned the body so as to give it the appearance Of having been killed by an explosion
 Holmes did not vince under this. MT Graham told of the conspiracy against the Fidelity Mutual Life association, of the collection of the $10,000 insurance therefrom on PietzePs life, minus about $2S5, which the company withheld for ex- penses, and of Mrs PietzePs receiving but $500 of the sum, $2500 having been paid to Lawyer Howe and the balance having been secured by Holmes. The opening address covered about ev- cry phase of this interesting case and the district attorney occupied an hour and half in it's delivery. He concluded by expressing a belief that the prisoner would be convicted as indicted.
 The court ordered an adjournment at the conclusion of the address, but before this was announced by the crier Holmes arose from his seat in the dock and asked Judge Arnold to instruct the prison au- thorities to place him in a lighted cell and have him provided with writing ma terial
 The judge replied that this would be attended to. Holmes purpose is evident ly to work far into the night on his own case. The accused also asked if he could send to Fort Worth, Tex, for cer- tain papers.
 "A witness by the name of Samuels, Holmes continued, 'is coming here to identify a note. If Samuels has not got two notes for $16,00O I would ask that he get them.'
 The district attorney then stated that he had the notes in his possession, and would produce them. Holmes next re- quested that he be given list of all the witnesses subpoenaed in the case, but MT. Graham refused to accede to this request for copies of the conspiracy and murder indictments found against him met with better success, the judge directing that they be given to the pris- oner.
 The finale of the days proceedings was in the form of tilt between Holmes and the district attorney. Holmes said that he desired to have an interview with his wife, whereupon MT. Graham, who had referred to Holmes alleged bigamy in his opening address, replied:
 (Which wife do you mean?"
 q mean" retorted the prisoner, "the lady whom you designated as Miss Yohe, and by so doing you cast slur upon her, as upon myself
 Holmes augmented this with a state ment that Miss Yohe was his legal wife
 Mr Graham told Holmes that the lady did not want to see him; that she had told him so in his (Grahams) presence.
 The accused declared that the district attorney had intercepted his wife's at tentions to him, but this Graham denied and the court coincided with the prose cutting officer. Finally Holmes asked that note be sent to his wife and re- ply received which shall not be seen by the district attorney"
 The court granted his request. Holmes wanted to have messenger other than a court attache deliver the missive, but Judge Arnold stated that sworn attache was eminently trustworthy.
 At 455 o'clock the court adjourned till 10 a. m.
 Beginning tomorrow and continuing until the convent conclusion of the case the court will hold three sessions daily-- morning, afternoon and night. This will be done in order to finish the case as early as possible. It is belived the fate of Holmes will be in the hands of a jury.
 After the adjournment of court Judge Arnold said that he would not press the case for disbarment against Messrs Shoemaker and Rotan in view of the fact that Holmes had refused counsel and would conduct his own case.