The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-10-31

showing that there are funds at hand"
Call jury" said Judge Arnold.
"Will your honor allow the case to go
over until tomorrow morning?" pleaded
Mr.. Rotan. ID
"Call a jury" echoed the judge, firmly,
and the calling of the jury was begun. O.,
One juror had been admitted by the
commonwealth when there was another
sensation. Holmes arose in the dock
and in a quivering voice said to Judge
Arnold: .e .-.t. .rs
May it please the court, I have no in
clination to continue with the trial of
this case with Mr.. Rotan and Mr.. Shoe
maker as my cousel, feeling that in view
of their desire to withdraw, my interests
would be damaged. | therefore discharge
them as my counsel"
"You can not discharge them, Mr..
Holiness" answered Judge Arnold. IF
they withdraw from this case they will
be punished" .,....... .--
"If," continued Holmes, his tone still
more tremulous,- your honor will
give, me until tomorrow to secure adj
ditional counsel" o.. .....
eve will have no more debate, Mr..
Holmes; the matter is decided" t.
The examination of jurors was about to
be proceeded with when Shoemaker again
arose and stated that the prisoner abso-
lutely forbade 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
desired, while counsel considered the
question of their proceedings. Holmes
armed himself with pencil and paper and
Enoch Turner, the first juror was turned
over to him for examination. He had
already stated in answer to Mr.. Graham
that he had formed an opinion in the case
but that he could nevertheless try it ac
cording to the evidence
Holmes began with the surprising
queries:
Are you physically well? Are you in a
laying itT'
Receiving satisfactory answers he took
UP the question of having formed an opin-
ion and challenged peremptorily.
The next man, Frederick Slump, ST.,
grocer had formed no opinion and was
accepted both by Mr.. Graham and Mr..
Holmes.
At this juncture Messrs. Rotan and
Shoemaker arose and declared that they
regardless of consequences.
You must take the consequences,
then," said the judge, and the two law
yers, without further ado, left the court
room.
Still determined to have no delay, how
ever, the commemorative officers con-
suited with the judge and then called
upon Everett A. Schofeld and j. M.
| Fahy, young members of the bar, who
| 70 IL
| ty with all the aid possible from Mr.. Ora
| ham.
| Holmes, however, objected on the
| ground that as he did not know these
gentlemen he did not care to entrust his
life to them.
"As far as aid from Mr.. Graham is con-
cerned," he added, with unveiled bitter
ness, II have had abundant proof in the
past year what promise of aid from the
district attorney means. l ask for a de-
lay until tomorrow to see Mr.. Q. o. Moon,
whom l know l can engage"
do you, then, refuse to allow these
gentlemen to defend your"
81 do, sir; if l am not allowed the CON
tinuance until tomorrow l must ask to
try the case myself"
''Well. we will go ON today" said the
Judge, land will see about your engag-
ing Mr.. Moon later on"
The examination of talesmen was then
resumed. Holmes continued to question
them as they came up.
He listened to District Attorney Ora
hams formal inquiry with the keenest
interest Besides the usual questions as
to whether or not talesmen had formed any
opinion as to the guilt or innocence of
the prisoner and the entertainment of
conscientious scruples, against capital
punishment, Holmes also asked: Have
you visited the dime museum at Ninth
and Arch Streets"
The reason for this question was the
| fact that there has been on exhibition in
| the museum for some weeks wax cOun-
terpart of Holmes, ''the multi-murder'
as he is called, together with models OF
the Irvington, Ind, house and the Chica-
90 Castle" All who had seen these
were 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" purporting to be an autobiography
of the defendant. After each of these
questions Holmes said with subdued
force: cat the proper time and place to
discuss this matter, l will show that l
have neither published nor authorized the
publication of any such book"
There was not nearly so many chal-
lenges as was anticipated. After nine
| jurymen had been accepted Lawyer X. y.
Moon came into court, and, with the as
sent of the commemorative officers and
the Judge, held a whispered consultation
with the prisoner, at the conclusion OF
which,; addressing the court, he admitted
having been consulted in the case, and
said he probably knew more about it than
any outsider. He would be glad to take
up the defense of the prisoner, but in
view of the foreign elements entering into
the case such thing was practically i'm,
possible without a continuance until
some future date.
Judge Arnold reiterated that the case
should proceed without delay, and Mr..
Moon replied that in that event he felt
constrained to decline to participate in it.
After Holmes had exhausted all but
two of the challenges allowed him he
made another earnest plea for continu-
ance until tomorrow on the ground that
he wanted to get certain necessary pa
pers from Messrs. Rotan and Shoemaker,
and "have an interview with certain
person in this city" -
Judge Arnold was inhexible, however,
and reminded Holmes that he had dis
charged his counsel in his effort to force
a continuance, but the ruse would prove
| ineffective, as the case must proceed; he
would, however, be permitted to send for