The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-11-02
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by the district attorney IN his opening ar
slIment. but Judge Arnold said that was
no, a matter OF record. and oyerruied the
motion. Miss Yoke at the conclusion OF
her testimony. retired 10 the crier's desk.
and laid her head IN her hands on the
back Of chair. Then she was led from
the courtroom. Her presence did not move
Holmes today.
Mr. Rotan advanced 70 the bar OF the
court and said: May Il please the court,
the commonwealth has closed its case,
and we feel sure that 4 has not proved its
case. II Il incumbent upon the common
wealth 10 prove murder beyond a reasona-
bic doubt They have not done SO. They
have proved" continued Mr.. R0tan. that
these men came here 10 carry out fraud,
bat their testimony does not show that
this man was killed by somebody else.
u may have been suicide; Il may have
been accidental. but we feel sure. under
the rulings, that there IS reasonable
doubt. first, as to whether Pitzel was kill
ed second. az 70 whether the prisoner
killed him. They have not made cut what
the law calls a corpus deficit. They have
proved that a body was found. but not
that anybody killed *. We must, there
fore. pray you take the case away from
the jury or give them binding instruc-
tons" This IL so ridiculous" Interposea
Mr.. Graham, that j decline TO argue Il"
This Is not the time 10 make a ruling.
Judge Arnold decided. II express no opln-
ion. The jury must decide after they near
the evidence" ne continued.
Then" continued Mr.. Rotan. 1--WE must
entreat your honor 10 grant us con-
t.nuance of at least an hour in which TO
decide upon line of defense. In Sonse-
quence OF the lack OF time 10 outline our
course and the vast quantity OF new tes-
timony introduced we cannot proceed
without at least this brief continuance"
Mr.. Graham objected. saying that when
the first motion for a continuance was
made counsel had pleaded that they
would 90 on IL no evidence was intro
duced except that bearing on this crime,
and as the other matters had been ruled
out the case ought 10 proceed
Judge Arnold told counsel they must
make their election between calling wit
nesses or going 20 the jury on argument
alone. but after a side-bar consultation
he ordered a recess OF half an hour. TO
permit them TO confer with the prisoner
on the question. II was A. minutes later
when Messrs. Shoemaker and Rotan re-
turned TO court and held another whis-
pered talk with the judge and the dis
trict attorney. This lasted 10 minutes,
and there was an order to bring the pris-
oner back 10 the dock. When the case
was finally resumed II was $50 o'clock.
Meanwhile. Mr. Shoemaker said private
nesses for the defense. but 10 rest on the
commonwealth $ case.
Mr.. Rotan made the formal announce
ment 20 the court a moment later. He
said: ION account OF our inability to
bring a number Of important witnesses
from other places, we have, after a con-
ference with our client, decided 10 pre-
sent no testimony whatever. feeling that
the commonwealth has not proved It's
case. We DO this. however. with the pro-
vlso that the court does not hasten as on
with our speeches. which we have had no
time TO prepare We ask, therefore, that
the arguments be postponed until tomor-
row morning" Judge Arnold asked DE-
trict Attorney Graham's opinion. 1.-THE
Gasp has closed" fepiied that official. "and
I should prefer 20 open argument IN the
morning. IL won't take long. II Is easily
argued" We'll" said the Judge Eve
win hear both sides tomorrow" Court
then adjourned.