Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-10-29
copditlon q serve in thIa case p,Ithout

accepted by Mr.. Graham ana Mr.
Holmes. At this juncture Atessrs
Rolan arose and declared tina. they
telt Obliged to withdraw from the case
regardless OF consequences.
You must take the conse1uen,es
then" said the Judge and the two law-
yers without further ado left me court
room.
Still determined to have no ec;ay.
however. the commonweai his oGlcern
consulted with the judge and then
called upon Everett A. SoohAlI and /
NJ. Fahey, young members Of lhe har
VINO agreed to assume the grave re-
sponslbility with all the aid puaslnla
from Mr.. Graham.
Holmes, however, on the ground that
as he did not know these gentlemen
ne uid not care to entrust his ..ie TO
nam Is concerned" he added with IN
veiled bitterness, 81 have n,d ab;ln-
cant proof In the past year with the
promises OF aid from the district at
torhey's means. ask for q delay until
tomorrow to see Coe Moon, whom, /
know | can engage.
DO you then. refuse to allow th.se
gentlemen to defend your
90, Sir, If ] am not allowed the
continuance until tomorrow / must
dsk 10 try the case niysL'.'
wen, We VIII go on tndny," said Tho
judge. and | will see about Jour en-.
saging Mr.. Moon later un.'
me examination was then resumed
hviines continued to question them
as they came up.
He listened to District Attorrev cro
mans formal inquiry with the keenest
interest BESIDES the usual questions
as 10 whether or not the Juror had
formed any opinion as to the guilt or
innocence Of the prisoner. Holmes al
~ asheu, nave you visited the dime
museum at Ninth and Arch streets?"
me reason for this question was the
TACT that there has been ON exhibition
Tor some weeks a wax counterpart of
Holmes, THE Multi-Murderer' as he
is called, together with models of the
lrvington, Ind, house, and the Chicago
castle All who had seen these
We're peremptorily challenged by
Holmes.
At the suggestion of Mr.. Graham, he
also asked each man whether or not
he had read the book called 'Holmes'
own Life" purportlng to be an auto
biography of the defendant. After each
OF these questions Holmes said: "At
the proper time and place to discuss
this matter, ] will show that l have
never published any such book"
There was not nearly so many chal-
| lenges as was anticipated. After nine
Jurors had been accepted, Lawyer II. o.
| Moon came into court. and with the
| assent OF the commonwealth officer
and the judge. held a whispered consul
tation with the prisoner at the con-
| clusion of which, addressing the court.
he admitted having been consulted in
| the case, and said he knew more about
| II than any outsider. He would be
| glad to take up the defense Of the
| prisoner, but in view of the foreign ele-
ments entering into the case, he was
| practically bound without a continu-
| ance.
Judge Arnold reiterated that the case
! should proceed, and Mr.. Moon replied
that in that event he felt constrained
to decline to participate in 1t. After
| Holmes had exhausted all but two of
| the challenges allowed him, he made
another earnest plea for a continuance
until tomorrow. on the ground that he
| wanted to get certain necessary pa
pers from Messrs. Rolan and Shoemak-
| err, and ''have an interview with GER
| tain person in this city"
Judge Arnold was infexible. and re-
| minded Holmes that he had discharged
his counsel In his effort to force con-
| tinuance, but that the ruse would
prove Intellectual. He would. however
| be permitted TO send for the papers
mentioned.
The Jurors were then sworn indivld-
ually. and the court took a recess until
3 o'clock.
After a Jury had been secured Dis
trict Attorney Graham began his open
ing address to the jury. After rehears-
ing the charges as laid down in the In
dictment and explaining their legal
meaning, he told them 1t was in their
power to find one OF four verdicts, II
The evidence justified them-man-
slaughter. murder In the second de-
gree, murder In the first degree or ac-
qulttal, and he defined the elements of
each of the three crimes. He felt as
sured that after hearing the evidence
they would agree with him that the
crime was murder in the first degree,
because the intent was plain from
the manner in which the crime was
committed. If 1t was murder at all,
II was murder in the first degree, pro-
ceeded the district attorney, outlining
the story of the crime. Eve have
charged in the Indictment that the date
of the murder was September II. 1894,
We don't know this positively. but the
crime was committed between the 18th
and THE 18TH"
The district attorneys next step was
to outline the story of the crime from
the time of the discovery of the body
in the Callowlst house by Eugene
Smith, who had been intimate with
the dead man. The body was lying in
Mr.. Graham without sign of a strug-
gle. Near by was a glass jar broken
as II by the alleged explosion which
Petzel was supposed to have met his
death. Mr.. Graham shattered this
thoroughly in a word by declaring that
the trokel glass was inside and not
outside, and not away from the jar as
would have been the case had there
been an explosion. When found the
body was badly decomposed. So much
so that the face was almost beyond
recognition, although the crime had
only been committed day or 80 be-
fore.
This, Mr.. Graham declared. was par.
of Holmes well laid scheme. for il was
found that the window had been left
open and the body arranged in such
position that the rays of the sun
would fall upon 1t and hasten decomp-
osition. Everything in the case had
been carefully arranged-not by the
dead. Numbered the district attorney.
but by the living destroyer.
Passing to the time OF the autopsy
he related how the coroner's jury had
found the lungs congested, the heart
empty; proving that death had come
suddenly. and the traces of chloroform
In the stomach, evidently injected af-
ter death, because In living stomach
irritation would have been produced.
which was not apparent in this case.
Then he detailed the forming of an al
legged conspiracy before the murder TO
defraud the insurance company He