Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-11-02
RELYING UPON ARGUMENT
Holmes Decides to Present No Testi-
mony.
He Claims That No Case Has Been
Made Against Him-Thc Court Says
the Jury Must Decide That.

Immediately upon the reassembling of
court in the Holmes murder trial, in Phila-
delphia, yesterday Mr.. Rotan advanced to
the bar of the court and said: May it please
the court the commonwealth has closed its
case and we feel sure that it has not proved
it's case. 1t is incumbent upon the common
wealth TO prove murder beyond a reasonable
doubt. They have not done so.''
Mr.. Graham smiled broadly.
.They have proved" continued Mr.. Rotan,
that these men came here to carry out
fraud, but their testimony does not show
that this man was killed by somebody else.
1t may have been suicide; it may have been
killing. but we feel sure under the rulings,
that there is reasonable doubt; first, as to
whether Pitezel was killed: second. as 80
whether the prisoner killed him. They have
not made out what the law calls corpus
deficit. They have proved that body was
found, but not that anybody killed it. We
must, therefore, pray that you take the case
away from the jury or give them binding in
structionS."
This is so Ridiculous interposed Mr.. Ora
ham. that decline to argue it."
This is not the time to make ruling,
Judge Arnold decided: Il express no opinion.
The jury must decide after they hear the evil
dence."
..Then," continued Mr. Rotan. 1--WE must
entreat your honor to grant us continuance
of at least an hour in which to decide upon
a line of defense. In consequence of the
lack of time to outline our course and the
vast quantity of new testimony introduced
We.caInot proceed without at least this brief
continuance"
Mr. Graham objected, saving when the
first motion for continuance was made
counsel had pleaded that they would go on
if no evidence was introduced except that
bearing on this crime, and. as the other mat
tiers had been ruled out, the case ought to
proceed.
Judge Arnold told counsel they must make
their election between calling witnesses or
going to the jury on argument alone, but
after a side-bar consultation he ordered
recess of half an hour to permit them to con-
fer with the prisoner on the question.
No Testimony for the Defense.
1t was forty-five minutes later when
Messrs. Shoemaker and Rotan returned to
court and held another whispered talk with
the judge and the district attorney. This
lasted for ten minutes and then there was
an order to bring the prisoner back to tie
dock.
Mr. Rotan said: ION account of our in
ability to bring a number of important wit
nesses from other places we have, after a
conference with our client, decided to pre-
sent no testimony whatever feeling that the
commonwealth has not proved its case. We
do this. however, with the proviso that the
court does not hasten us on with our
speeches, which We have had no time to
prepare We ask, therefore, that the argu-
ments be postponed until tomorrow morn
ing
Judge Arnold asked District Attorney Ora
hams opinion.
1.-The case has closed" replied that official,
| land should prefer to open argument in the
morning. 1t won't take long. 1t is easily
argued
well" said the judge. 1--WE will hear both
sides tomorrow"
The court then adjourned until 10 O'Clock
| this morning.
Holmes Defends Himself.
| in n
Philadelphia local newspaper in which he
| declares that he has been most malieiously
| attacked II am called intelligent" he says
| land then 1 am abused for that, and it is
| assumed that man who is enlightened mus
| be a great criminal. 1 have told the truth
| about myself, unpleasant as it has been tc
| tell it, and because 1 have told the truth il
is alleged that deeds of the darkest villainy
| must have been kept back. had never
| learned until this trial that sincere con-
fession must be taken as an indication OF
| hidden crime.
| mo real evidence has been brought agains
| me. and none will be, for 1 am not guilty
| / sympathiZe with Mrs. Pitezel in her sorrow
| but 1 cannot be accused of anything worse
| than an attempt to conceal her husbands
| suicide, thus saving his family from dis
| grace and preventing the forfeiture of his
| life insurance policy.
| Before l am condemned in any mans
| mind 1 want that man to remember that
| have confessed to the truly unforgivable sir
| to planning to get money from an insur-
| ance company. L nave confessed myself Q
| menace to the calm routine of a dividend
| paying concern. 1 declare that officials OF
| companies, and especially of the company
| now prosecuting me, have said that the only
| way to stop raids on their finances by Swind
| lers was to make an example by hanging
| somebody. They have decided to hang me
| and they are trying to do 1t as a warning
| to others who fail to realize that one thns
| is more sacred than human life or law-the
| funds of an insurance company"
The Star and the Election.