The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-10-29
HOLMES WITHOUT A LAWYER.
REFUSED A CONTINUANCE, HIS
COUNSEL WITHDRAW.


Court Room with Holmes State
ment That He Had Discharged
Them as "A ShieId-HOImes Conducts
His Own Case During the Securing
of the Jury.
Philadelphia, oct. 2S-Herman w. Mud
get, better known as H. H. Holmes. the
self-confessed life insurance swindler and
alleged multi-murderer, whose supposed
crimes have been topic for general
discussion during the past several months.
was placed on trial this morning in the
court of oyer and terminer on a charge
of having murdered Benjamin F. Pitezei.
Judge Arnold presided The common
wealth was represented by District At
torney George s. Graham and Assistant
District Attorney Thomas w. Barlow, and
the defense was conducted by w. II.
Shoemaker and Samuel p. Rotan.
As soon as the formality of arraigning
Holmes had been concluded Attorney
Shoemaker asked for a continuance of
sixty days upon the ground of lack of time
for preparation.
Mr.. Graham protested against the grant
ing of a continuance and the other mem
Der of Holmes counsel, Mr.. Rotan, re-
Judge Arnold briefly replied: THE mo-
tion for continuance is overruled."
Messrs Shoemaker and Rotan then an
nounced their intention to withdraw
from the case.
To this Judge Arnold rejoined that a
member of the bar who would withdraw
from a murder case on the very eve of
its trial would be called upon to show
nh 10, Ife a a
Tor unprofessional conduct.
Lawyer Rotans final plea was for a
continuance until tomorrow, but this
too was overruled.
1t was evident from the judges man.
ner that he believed the withdrawal OF
Holmes original counsel from the case
had been decided upon in the event of a
failure to secure a postponement.
The calling of a jury was then begun,
Enoch Turner was the first talesman,
and when the district attorney had ac-
cepted him as a juror, Holmes rose from
his seat in the dock and stated TO the
court that he had discharged his attor-
neys, and asked for q continuance until
| he could secure counsel.
Judge Arnold declared with consider
| able firmneSs that the case must so on
| to-day that his lawyers had no right tC
! withdraw, but, If they did he (Eiolmes
| could secure counsel in time for them tC
The iudqe,s' declaration was made m0rs
| emphatic by this statement: Mr.
| Holiness / think you ought to understand
that I don't want any advice from yol
| as regards this case"
Holmes then turned his attention tC
| examining Talesman Turner, and chal
| lenged him peremptorily. Turner was
Frederick Slump, Sr, was the next
| talesman, and he was accepted as juror
At this time Messrs. Shoemaker anc
I De- Ice En I'M a n q
| regarded the ruling of the court thal
| they could not retire from the case anC
! that disbarment would be a remedy tol
This left Holmes without counsel (al.
| though he announced that he had dis
charged the lawyers himself and the
district attorney conferred with tht
| court as to what should be done.
Everett A. Schoheid, who was IN the
| court room, was privately asked by Judge
| Arnold If he would take up the defense.
Mr.. Schofield, who is well known as q
| criminal lawyer, accepted and selected
| Joseph r. Fahy, a young counsellor, tC
assist him. They had taken their seats
within the bar, and were awaiting forma
| appointment by the court, when Holmes
| again rose and protested against this selec
tion, upon the ground that the lawyers
were not familiar with the case.
The only alternative was for Messrs
| Schofeld and Fahy to withdraw, and this
| they did.
| ceed stated that Holmes could secure
| counsel by tomorrow. Holmes, in the
| course of his efforts to secure delay, haC
| stated that he could secure the services
| of Attorney r. o. Moon tomorrow. The
! selection of a jury was then completed
Holmes conducting his own case.
| At AS O'Clock jury had been obtained
| and the court took a recess until 3 p. m.
The jury is composed Of the following
| Foreman, Andrew Hertel a shoemaker
| Robert Chambers, carter; Robert j
| Kinkade. a florist Samuel Wood, a man
| ufacturer; Richard Johnson, painter
| Lewis Reese, a farmer William Z. Han
| sell, a wagon builder; James kenney, a
machinist; Linford Biles, a paymaster
| Thomas Sloan, driver; John J. Smith
an engineer, and George d. Clash, soar
maker.
When the talesmen were being examined
Lawyer Moon, who has had some con.
nection with the Holmes case, appeared
in court and had whispered conference
with the prisoner. At its conclusion Mr.
| Moon stated to the court that while. he
probably knew more about the case thar
| an outsider, he could not undertake the
| defense without making some prepara'
As the court had decided that the case
| must proceed, Mr.. Moon declined to en-.
ter into it on short notice and Judge Ar.
| mold excused him. Holmes made another
| appeal to the court for postponemeni
| until tomorrow, but the judge decided
| against him and said that as he (Holmes
| had discharged his lawyers, he must de-
| fend himself.
What prospects. if any. Holmes has fol
| securing an attorney are not kuOWu.
| Holmes exercised his right of chal
| lenge and before the jury was obtained
| eighteen men had been set aside by him
| It was $40 o'clock when the trial wa:
| resumed and nearly all of the session
which continued until 4:55, was taken III
/ by District Attorney Graham in outlin
| ing the case to the jury. The opening
| address of the district attorney was
| forcible throughout, but his denuncia
4 tions of Holmes, which at times were
/ particularly severe, had no outward eff
| feet upon the accused. Holmes compos
/ ure was wonderful, and during the nara
| tive. he busted himself in taking copiou:
/ notes Of the prosecuting officers address
| Mr.. Graham at the outset stated thai
/ under the Indictment and providing the
/ the evidence should warrant, ii would
/ be possible for the jury to find a verdict
/ either of manslaughter of murder in tht
/ second degree, of murder in the first de-
/ gree or of acquittal. He declared, how
/ ever, that he would ask for verdict oi
/ first degree murder.
/ The district attorney went into the
story Of Benjamin F. Pitezels death anC
| the incidents connected Herewith, al
! great length. He told of the finding OF
! Sept. "a 1854, of a partly deeomposed anC
| mutilated body in the house No. 13ll
! Callowhiu street, in this city, which was
/ supposed to be the remains of "B. F
! Perry and who, it was believed, hat
/ been killed by an accidental explosion
/ Of chemicals; narrated the subsequent