Birmingham state herald., 1895-10-30
HOLMES SELF DEFENSE He Didn't Prove a Success as a
 Lawyer. so HIS LAWYERS CAME BACK The Newspaper Criticisms Were Very Severe on Them for Leaving Holmes With
 out Counsel.

last night, in the loneliness of his cell
 in the city prison, Holmes worked stead
 fly preparing his case. He filled sheet
 after sheet of foolscap, and the watchers
 outside his cell door wondered when he
 would seek some rest. It was only as the
 first rays of the sun began to find their
 way through the narrow slit that does
 duty tor windows in the cells or the
 county prison that Holmes threw himseit
 on his cot He slept but an hour ana
 then was up again, and once more De-
 came busy with writing until told II was
 time to strat for court.
 Promptly at 10 o'clock the jury filed
 into their box. moment afterward
 Holmes entered. Despite his long ana
 sleepless night he looked fresh and bright,
 and while waiting for the district atior-
 ney to come in he chatted with the court
 on the case. In compliance with Holmes
 request hls dock was nearer the oar
 than yesterday. The change was maue that Holmes might better hear the court
 and be heard A small deal table, With
 foolscap, pens and ink, was in front or him.
 District Attorney Graham announced
 to the court that Mrs. Howard, as Holmes latest wife is known, had seen
 the prisoner this morning before he was brought into court. What took place at this Interview Is only known to the pris- oner md woman. The proceedings al this morning seS-
 sion were tdull and uninteresting on the surface but an undercurrent of interest
 was given them by the appearance or
 what will probably be Holmes detense.
 The prisoner consumed much unnecessa- ry time asking witnesses immateriai questions and with constant successloh of requests preferred to the court. DIS
 trict Attorney Graham proposes to al low Holmes every latitude and will not oppose any objections to the amount or time he may consume. The district attor- ney does this because of Holmes des- perate position, alone and without coun- sel and that when the trial is over It cannot be said that the prisoner has not had every chance. The commonwealth has about twenty-five witnesses to call and Holmes also proposes to call some. At the rate of progress made tnls morn ing the trial would consume fulily two weeks, but as night sessions are going 10 he held from now on, and as it Is likely Holmes will exhaust the patience or the court with his consumption of time, II IS probable the trial will be expedited IL would seem from the line of questioning pursued by Holmes this morning that ne will base his defense on the theory that Pietzel committed suicide. From the | district attorneys argument and from | the testimony of the few witnesses al | ready examined this defense is untenable, and unless Holmes can bring out some stronger facLS tDdn dPDtdI hC 10 ohCoNy dead man.
 The witnesses at the morning session | of the court were PietZefs eldest daugh- | ter, Jeannette, and Eugene smith, the man who discovered Pietzefs body ana who knew Pietzel under the name Of Perry---these two for purposes of identi- fcstion-and two physicians. Scott ana Mattern. who testified that the death was caused by chloroform poisoning. During the recess Holmes again saw his wife Miss Yohe
 The court reconvened at 2:30, Dr. Scott resuming his place on the witness stand, and Holmes began his cross-examination Dr. Mattern, who is physician to the coroner was also cross-examlned, ana he was followed by Dr. Henry Leffman. an expert in chemistry. In these exam nations Holmes displayed his thorough medical knowledge and preparation for this trial. Holmes announced his inten- tion to call three medical men as wit nesses for himself later on. Coroner Ashbridge was the next witness. and affi- davits made by Holmes and Pietzers daughter in the suit to recover the in- surance on Pietzels life were read. Holmes asked the court if 1t would not order two sessions a day instead of three, as he was afraid of breaking down under the strain and becoming sick He said that he was subject to sick-headaches and that he had been suffering from one all day. The court said that session would be helQ tOnlBnt, dHu tHeH I1olHicS request would be considered
 At 5:20 D. m. court adjourned until o'clock.
 The court convened promptly at 2 o'clock, and while waiting for the district attorney to come in Holmes busied him self with reading an account of the days proceedings in an afternoon paper. Be- fore witness had been called Holmes stated to the court that owing to the criticism levelled at his counsel after withdrawing he had asked them to re- sume charge of his case. In moment Messrs Shoemaker and Rolan. the two lawyers who withdrew from the case yesterday. came into court. and the former made an explanation to Judge Arnold. and he permitted them to take up the case again They conducted Holmes side of the case.
 All of the testimony at the evening ses- sion was directed to establishing the identity of the body found as that of Pietzel.
 The court adjourned at S:55 until to- morrow
 Throughout his long and trying ordeal
 today Holmes never once allowed him.
 self to become angry. Occasionally, when
 the district attorney would interpose
 some objection to his meaningless ques-
 tions. there would come tightening of
 the lips beneath the brown moustache,
 and a sudden. cruel hardening of the
 clear eye, that showed that the man was
 
 With the evident purpose of trying it's
 effect upon Holmes nerves, the district
 attorney compelled him to sit opposite
 all day to a large crayon portrait of the
 man for whose murder he is being tried.
 If such was Graham's intention. the DOT
 trait might as well have been placed be- fore the Sphinx as far as any effect was
 produced on Holmes. In answering the
 district attorney or in making his fre-
 Quent inquiries of the court, Holmes manner was mild even unto supplication, and although more than one covert sheer was directed toward the prosecuting off, cer, at no time throughout the day was this singular mans voice raised much above a whisper.
 From his line of questioning it would
 seem at ons moment he had decided upon adopting for his defense the theory that
 Petzel committed suicide while drunk and then he would suddenly swerve off into an entirely different direction. and it would appear that he Intended to base
 his denial of the murder upon the plea
 that the body was not that of Pietzel at all but substitute of the corpse. If either of these ideas were the defense of