The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1895-10-29


drew From the Case and the Accused
Nan Selected his Own Jury-~The
Court Room Packed with Spectators
~-The Case of the Prosecution.
PHnADELPHIA, Pa, Oct % H Fl.
Holmes, or Herman W. Mudgett, which
ne SAYS is his baptisnal name, was put
on trial in the Court of Oyer and Ter
miner to day for the murder of B. F.
Piefxsl, in this city, on September 2,
1894, and tha developments of the first
day verif d, better perhaps than ever
before, tre force of the maxim that truth
is stranger than fiction.
From the nature of the case and start
ling stories concerning it which have
gained currency during the past year,
sensational revelations we're naturally to
be expected when he who has come TO be
regarded a. the most skillful and auda
cious criminal of modern times was
placed on trial for his life; yet what did
occur in court so far surpassed all ex
pectations that the most vivid fights of
imagination could scarcely have con
ceived the days events.
Prostestations and entreaties for con
tinuance of the trial summarily over
ruled; the sudden withdrawal of the
lawyers who had hitherto represented
the prisoner, in the face of threats of
disbarment; the appointment by the
court of a new counsel AID the refusal
by the prisoner to accept them as his de
tenders; the oeclination of other law
YER to serve after being selected by
Holmes; and finally the prisoner trying
his own case.
This not to speak Of sundry dramatic
passages at arms between Holmes and
the commonwealth prosecuting officer,
is summary of what occurred
Arraignet against Holmes as the COM
monwealth prosecutors are District At
torney George S Graham and his special
assistant. Thomas W Barlow, while the
counsel for the prisoner at the opening
of court were Wm. A. Shoemaker and
samuel P. Rotan young members of the
bar of thi4 city.
Judge Michael Arnold presided.
For nearly an hour before the time
ixea for the opening of the court room,
on the sixth for of the big city hall, a
crowd began to gather in the corridors
without Thanks to the announcement
that only those having business with the
case would be admitted to the court
room, there were not so many as we're to
have been expected.
There will be some gruesome exhibits
introduced in evidence during the pro
gress Of the trial. Among these are the
skull and parts of the body Of the elder
Pietxel; the charred remains of his
youngest son, Howard Pietzel, who is
thought to have been murdered by
Holmes in Irgington, Indiana, and the
stove In which they were found in the
cottage in that city. These were brought
here by Detective Richards, of Indian
apolis, who arrived last night. The
stove is huge affair, with body round
like large barrel, and big enough to
put two or three children into.
Promptly at 10 O'Clock court was
formally declared open.
Holmes, who has grown full black
beard since his confinement in Moyamen-
sing prison, looked pale and wan, but
Immediately neat. He was plainly
nervous and looked about the room with
shifty expression in his steely blue eyes.
The first wait was caused By the non
appearance of Mr. Shoemaker, of counsel
tor the defense, who did not come into
court until 1915 o'clock. He stopped
and shook hands with Holmes, and TAX
ing his seat, Mr. Granam instantly asked
that the case proceed.
Holmes was then ordered to rise, and
was formally told of his right to chal-
lenge jurors He received the informa-
tion implacably. The moment this for
mality had been concluded, Mr.. Shoe
maker arose and asked for continuance
of the case. He urged, as his basis, the
lack of time which had hampered the
preparation of the defense.
"Thers are three homicide ca es in
voived in is case" be urged, 'and we
have mad only as much time as would be
adequate for the preparation of one"
There is evidence, he continued, to be
obtained not only from distant points in
this country, but also from abroad, which
the defense had been unabls to procure
ia the short space of time left to them
since the finding of the Indictment
evidence which would be of the utmost
impor yance to the defense. The prosecu-
kon, Mr.. Shoemaker added, had been
working on its case for three hundred
days, while the defense had had but
sixty. Under these circumstances he
felt justified in asking for a continuance
of sixty days TO give them an opportunity
TO gather their witnesses
at the conclusion of Mr. Shoemaker 's
address, Mr.. Graham arose and said he
would protest with all his vigor against
the granting Of continuance. BE de
clared that postponement meant the
absolute destruction of the common.
weath's case No legal grounds had
been laid for the request, bat it was sim
ply left to thecourt's discretion Mr. Gra
ham then d welt upon the severe strain
under which Mrs Pietzel has been put
and said an examination into her mental
condition had made it apparent that were
continuance granted the commonwealth