The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-11-03

Mrs. Pitzei. Miss Yoke and the children
! all within four blocks of each other, al
m ost travelling together under Hoimez
leaoing strings, and yet each party ignoI
| an. of the persence of the other two.
"What marvellous ingenuity, what craft
what cunning" cried the district attor
new, "why did he resort to all duplicitv
Why did he adopt so many subterfuge
and why did he tell these manv stories
1t was because he had murdered Benla
min L. Pitzsl."
Mr.. Graham declared t5at there wa
not one word of evidence to SHOW tina
Pitvel had committed suicide or ever
contemplated suicide. By the statement
of Holmes himself, made more than once
the speaker declared his presence in tina
house on the day the murder had beer
fixed. From 10 O'Clock on that Sunday
morning until o'clock in the Afternoon
he was in the Callowhill street hous :.
This was fixed by his own statement:
ar d his questions to Miss Yoke on the
witness stand, leading her to say that ne
was not flushed and excited when he re-
turned no ne that afternoon.
In conclusion Mr.. Graham said ne
desireL the jury to consider only the cyl
dence connected with the murder of Pit
eel in the Callowhill street honse ana
nothing else. He PAID glowing tribute
to Detective Geyer for his work in untold
ing the story.
Mr.. Graham $ address. which was con-
fined for the most part 10 review OF the
details of the evidence. lasted Two hours
and half. Holmes appeared to shrink
from the district attorneys accusing
finger and nervously SHIFTED in his seat as
the tnunderous tone OF the prosecuting
officer rang out through the court room.
At the conclusion of his address o recess
was taken until 2:30 p m.
When court reconvened there was not
an inch of space in the room or the GAL
lery above that was not taken ana the
doors were locked to prevent the entrance
OF more. One of the pecuiiat features OF
the trial has been the number OF society
women present 10 witness the proceed
inss, and today there were more than
ever.
The afternoon session was begun at
2:45, when Mr.. Rolan, alter moment $
conversation with Holmes, began the
argument for the defense.
He was very pale but self-possessed, and
received admiration for the pluck az q
endurance with which he fought, praotl-
cally ngle-handed, against the mighty
forces OF the commonwealth 8 evidence
and the skill and experience OF the dis
Eict attorney.
There was pathetic note in the way
he began:
Gentlemen of the jury there is PROB
ably no one in this court room who can
fully appreciate the responsibility that
rests upon my shoulders. Yet each of
you have much greater responsibility.
He INN ediately entered upon discus
sion of tins evidence and said the defense
plainly admitted that the body found in
the Callowhll street house was that OF
Pitzel, and that he and Holmes mad been
conspiring to defrsud insurance COM
panies and at the time of the occurrence
had a scheme on hand. They also admit
ted, Mr.. Rolan said. the story of Holmes
wanderlngs around the country with Mrs.
Pitzel. 1ney had offered no defense be-
cause of their confidence that the com.
monwealth had not made out its case,
and when the jury had analysed the evi
dencs they would find the facts more con-
sistent with the theory of suicide than
m urder. When Holmes went to the house
on Sunday, September 2, be found tie
body on the third floor. Tho attorney
then repeated the details of the arrange
msnts OF tne body. as already tod, put
he asked, had anything been produced to
show at what time the man had been
killed or committed suicide.
Is there anything in this case to snow
that the prisoner secured the policy on
Pitzel's life? If there had been the COM
monwealth would have produced it.
Continuing. Mr.. Rolan called attention
to the fact that when Pitzel left his wife
in st. Louis to come to Philadelphia he
told her not to be worried If she heard he
was dead. because he was In a scheme to
defraud the insurance company.
Coming down to the time OF the killing
the speaker denied that there was any
thing to show alcoholic indications in
the mans stomach to bear olt the COM
monwealth's assertion that Holmes had
chloroformed h I'm while be was drunk.
Concerning the hurried departure OF
Holm es and his alleged wife from the
Eleventh street house on the night oil
the murder, Holmes having come home
flushed and warm and ordered her to
pack her trunks, Mr.. Rotan urged that
Miss Yoke's testimony showed beyond
question that they had the night before
resolved to leave town on Sunday night.
The commonwealth relied on the medical
testimony that the body could not have
be On found in the re poseful condition it
was had Pitzsl committed suicide by IN
haIing chloroform. The defense admit
ted the truth OF this assertion that it was
placed in such position by Holmes
after Pitzel had committed suicide think
ing he might utilize the corpse to consum-
mate the insurance swindle.
Mr.. Ro:an reminded tie jury of the fact
that when arrested in Boston for con-
spiracy Holmes asked to be brought to
this city to stand trial rather than 20 to
Fort Worth, Texas. where he was wanted
for stealing e horse. Would any man
have made such a choice, he demanded,
unless he knew just what CRIME he had
committed2 Would he, the lawyer de-
manded, have avoided a trivial charge in
far distant place TO put his neck in dam
ger by CO.. ing voluntarily to this city
had he colnim tied murder here?
In conclusion he begged the jury to
carefully weigh the facts and then give
the prisoner the benefit of the doubt.
Mr.. Rotan concluded his address at
4 80 o'clock and Judge Arnold charged the
jury.
Thus at 40 o'clock Holmes fate passed
into the hands of the Jury. The twelve
men were immed ately taken to their
celebrating room under the escort of a
corps OF court officers, and the best efforts
of the tipstaff could not quell the buzz OF
excitement which arose in the room. In
terest WAS at fever heat and in spite OF
the late hour, not a seat was to he had
within thu four walls, moi was one re.
linquished even during the recess which
followed. Holmes was taken back TO the
cell room and although a smile was on
his lips, it was clear that he was ex.
tremely nervous.
BELLIGERENT ATTORNEYS