St. Paul daily globe., 1895-10-29

not place his life in the hands of two
young men who knew the case only
| by hearsay, and eventually, when his
| personal entreaties for a postpone
ment were refused, he declared that
he would himself try the case. Mean
while he expressed desire to secure
the services of Attorney r. O. Moon,
but that gentleman, after learning
from the judge that he could not OBJ
| tain a continuance, declined to ac-
cept the grave responsibility.
Ilhe selection of jury consumed
several hours, Holmes freely exer-
cising his prerogative of challenge,
and after twelve men had been Sc
cured a recess was taken. The aft
ernoon session was devoted largely
to District Attorney Graham's open
ing address to the jury, in which he
outlined the case in detail and SUBJ
Jected the prisoner to scathing de-
nunciation. Holmes, however. was
lmperturable, and sat with his legs
crossed, calmly taking notes. At the
conclusion of the address Holmes ac-
cused Mr.. Graham of trying to keep
his wife from him, and of having in
tercepted letters which he had writ
ten her. The woman he meant, he
SAID, was "she whom the district at
torney saw fit to designate as Miss
oke. He was granted permission
TO nave light and writing materials
IN his cell to aid him in the prepara-
tion of his defense and to write to
uhe woman, whom Mr.. Graham prom
lsed to have in court tomorrow morn
ing.
THE FIRST SENSATION.
Immediately after the openine nro-
ceedlngs Mr.. Graham, for the prosec;1-
tlon, asked that the case proceed
Holmes was then ordered to rise and
was formally told of his right to chaI-
lenge Jurors.
Mr.. Shoemaker asked for q contin-
uance of the case. He urged the lacl,
OF time for the preparation of the de-
fense.
There are three homicide cases in.
VolVed in this case" he urged "and
we have had only as much time az
IL was expected to- present newly dis
covered evidence of such vital i'm
portance that Holmes would undoubt-
edly be acquitted of this charge.
Mr.. Graham protested against grant
ing a continuance, which he said
would mean the absolute destruction
Oh the commemorative case. Mr.. Gra-
nam dwelt upon the severe strain un-
Mrs
and said an examination into her men
TAI condition made it apparent that
were continuance granted the COM
ihon"ealtn would lose its most impor-
tant witness.
Mr.. Rotan, for the defense, renewed
the plea for a respite, but it was over
ruled by Judge Arnold. Mr.. Shoe
maker and Mr.. Rotan created a. mild
sensation by saying that if the judge
oeclslon was irrevocable, they would
Withdraw from the case, but Judge
arnold declared that a member of the
par VINO would withdraw from a mur-
Ger case on the very eve of it's trial
would be called upon to show cause
why he should not be disbarred for
unprofessional conduct. Counsel did
not appear anxious to accept this al
tentative, but before they could reply
Mr.. Graham arose.
AS far as the plea of lack of money
Is concerned" he said, ST have positive
knowledge that large sums Of money
were offered within the last week to
prominent attorneys at this bar to
come in as associate counsel In this
case, showing that there are sufficient
funds at hand.''
Call a. jury" said Judge Arnold.
"Will your honor allow the case to
go over until tomorrow morning?"
pleaded Mr.. Rotan.
Call a jury re-echoed Judge Ar
mold firmly, and the calling began.
One juror had been admitted by the
commonwealth when there was anoth-
er sensation. Holmes arose in the
dock, and a quavering voice said to
Judge Arnold:
May 1T please the court, have no
inclination 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 1 there
fore discharge them as my COUNSEL
'You cannot discharge them, Mr..
Holmes" answered Judge Arnold.
That is for the court, and if they
withdraw from this case they will be
punished -
If,' continued Holmes, his tone still
tremulous, eff your honor will give me
until tomorrow to secure additional
counsel"
1--WE will have no more debate, Mr..
Holmes; the matter is decided"
WITHOUT COUNSEL.
The examination of Jurors was then
proceeded, 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 proceeding. 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 opin-
ion ON the case, but he could never
theless try it according to the evil
dence.
query: "Mr. Turner, are you a mar
riod man? Are you physically well? ?
Are you in a condition to serve in this
case without delaying it?'
. Receiving satisfactory answers, he
took up the question of having formed
an opinion, and challenged peremptor-
lily.
The next man, Frederick Slump Sr.,
grocer, had formed no opinion and was
accepted, both by Mr.. Graham and by
Holmes.
At this juncture Messrs. Rotan and
Shoemaker arose and declared that
they felt obliged to withdraw from the
case regardless of consequences.
'You must take the consequences
then,' said the judge; but the two
lawyers without further ado left the
court room. Still determined, how
ever, to have no delay, the common
wealth's officers consulted with the
judge and then called upon Everett M.
Col nd A 10