The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1895-10-29
TRIAL OF MURDERER HOLMES
Sensational Scenes in Judge ArnOld'S
Court at Philadelphia.
HOLMES CONDUCTS HIS OWN CASE
While sparring for a Postponement the
Prisoner Dismisses His Counsel, who
Will be Punished for Contempt for
Withdrawing From the Case

PHILADELPHIA, Oct. 29.-The trial Of II.
II. Holmes, the notorious insurance swim
dler and alleged murderer of number of
persons in various parts of the country,
who was indicted here for the murder of
Benjamin f. Pitezel in this city in the
summer of 1884, began before Judge Ar
mold in the court of oyer and terminer
| The prosecution is conducted by District
Attorney George S. Graham, assisted by
! Thomas W. Barlow as special counsel.
/ William A. Shoemaker and Samuel p.
Rotan were counsel for the defense.
Mr.. Shoemaker then asked for a continu-.
ance Of the case. He urged lack of time,
| which had hampered the preparation Of
the defense. "There are three homicide
cases involved in this case" he urged,
and we have had only as much time as
would be adequate preparation on one"
evidence, he continued, to be obtained not
only from distant points in this country,
but also from abroad, the defense had been
unable to procure in the short space Of
tlme left to them since the finding of the
Indictment The prosecution had been
working On its case for 300 days, while the
defense had had but sixty Under these
circumstances he felt justified in asking
Tor a continuance of sixty days to give
them an opportunity to gather their wit
nesses. Many of these would present newly
discovered evidence of such vital import
ance that Holmes would undoubtedly be
acquitted of this charge
Mr.. Graham vigorously opposed a post
ponement, and Mr. Rotan as strongly
urged it. After listening to the arguments
Judge Arnold denied the motion for "a con
tinuance.
Mr.. Shoemaker and Mr.. Rotan then
created stir by saying in turn to the
court that if the judges decision was ire
vocable they would withdraw from the
case, but Judge Arnold declared that a
member of the bar who would withdraw
from murder case on the eve of its trial
would be called upon TO show cause why
he should not be disbarred for unprofes-
sional conduct.
Judge Arnold then ordered the empan-
elling of jury. One juror had been ad-
mitted by the commonwealth when there
was another sensation. Holmes arose in
the dock, and in a high quavering voice
said to Judge Arnold:
May it please the court, l have no in
clinatiOn to continue with the trial of this
case with Mr.. ROtan and Mr. Shoemaker
as my counsel feeling that, in view Of
their desire TO withdraw, my interests
would be damaged. l therefore discharge
them as my counsel"
"You cannot discharge them, Holmes, ="
answered Judge Arnold. "That is for the
court, and if they Withdraw from this case
they will be punished"
"If, " continued Holmes, his tones still
more trembling, ''if your honor will give
me until tomorrow to secure additional
| COUNSEL
1--WE will have no more debate, Mr.,
Holmes. The matter is decided"
The examination of jurors was about to
proceed when Mr.. Shoemaker again arose
and stated that the prisoner absolutely for
bade them from representing him in the
case, and declared that he (Holmes) }
would examine the jurors and witnesses
himself
Judge Arnold said he would permit
Holmes to question the jurors if he so de-
sired
| Then Holmes himself took up the exam
ination of jurors, and peremptorily chal-
| lengnd the first one. The second one he
accepted.
! Az vnis juncture Messrs. Rotan and
! Shoemaker declared that they felt obliged
to withdraw from the case regardless of
consequences.
"YOu must take the consequences, then, 4"
said the judge, and the two lawyers, with
out further ado, left the court room.
The services of Everett J. Schoneld and
j. NJ. Fahy young members of the bar.
were offered to Holmes, but he refused
their services, and asked for days post
ponement in order that he might see Mr..
r. o. Moon. The judge, however, again
refused postponement and Holmes re-
sumed his cross examination of talesmen,
showing marked ability.
Finally, shortly before noon, jury was
selected, as follows Foreman, Andrew
Hertel, shoemaker; Robert Chambers,
carter; Robert J. Kincade, florist; Samuel
Wood, manufacturer; Richard johnson,
painter; Lewis Reese farmer; William P.
Hansell wagon builder; James Kenney,
foreman; Linford Biles, ,paymaster; Thomas
Sloan, driver; John j. Smith, engineer;
| George d. Clash, soap maker
/ After a two hours recess District Attor-
ney Graham began his opening address to
the jury. He declared that he had con
vincing proof that Holmes had murdered
| Benjamin f. Pitezel
| At the conclusion of Mr. Graham's ad-
dress Holmes addressed the court asking
/ that he be allowed to have lighted cell
during the evening and night; that he be
provided with writing materials, and that
he be allowed to see his wife-the one
known in this case as Miss Yohe. The dis
trict attorney declared that the woman de
Clined TO see him, and it was finally ar
ranged that he should write to her. Judge
Arnold promised the prisoner all the op.
portunities he required in preparing his
defense.
Scheihy House.