The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-11-03

y
annals of American courts was ended.
The last day was uneventful except
Tor the last tragic scene. District At
torney Graham opened the session
with his address to the jury. He was
followed by Mr.. Rolan, who in his
speech presented the only form of de-
fense.
Pitzel HID Committed Suicide.
resting on the assumption that the
commonw ealth had not made out a
case beyond a reasonable doubt.
Judge Arnold charged the jury for
more than an hour The district attor-
ney said his instrr ions were fair
The general idea was that if they
leaned toward either side it was to-
ward the commonwealth, but the
charge consisted mainly in review
of the evidence and an exposition of
the law of murder. When the trial
began last Monday everybody, in
Guiding the commemorative officers,
anticipated that it would lengthen into
many weeks. 1t lasted six days. This
was the result of the courts decision
that no evidence touching upon
Holmes other crimes should be intro
duced into this particular case, and
the conduct of counsel in presenting
no other defense than argument. The
swift developments, treading upon
NNIh OA4lCi fittIS anu every Olt OuS-
doing its forerunner for sensational
Ism, are Of public knowledge.
When the jury filed into court mo-
ment after 10 o'clock this morning
they looked tired and unkempt. At
lO:l5 o'clock Mr.. Rolan, junior counsel
for the defense, came into court and
asked Judge Arnold for a few mo-
ments' Indulgence, saying he had just
received word from a neighboring drug
store that his colleague, Mr.. Shoemak-
or. was sick there and he desired to
join him. Mr. Rolan himself showed
the strain under which he has labored.
he returned half an hour later and
said he had found Mr.. Shoemaker I'M
der the care of a physician, suffering
from
Complete Nervous Prostitution.
He called this 10 the attention of the
court in view OF a point of law regarding
closing address to the jury when the
defense presented no evidence. Mr.
Graham, however, ended the question
by offering to waive his right to the last
speech.
The district attorney reviewed the evil
uence in detail. Beginning with the CUES
lion Of the identity of the corpse found in
The Catlowhill street house, he went over
the testimony of each witness who posi-
lively said that it was the body of Pitzel.
Ihen he proceeded to the explosion
theory and the condition of the body,
which. he commended the medical testi-
mony had proved could not have been
produced except by chloroform. Thus.
ne said, the jury reached the first step
form poisoning. The next was that this
chioroform was not self-administered,
ana this. too, was proven beyond a
SHADOW of doubt by the expert testimony.
Leading up to the motive Of the muir
der, Alr. Graham rehearsed IN minute de-
tails Holmes every transaction in con-
nection with PitzeTs murder, tracing his
movements from place to place, and
drawing out every little circumstance
that weighed against the prisoner with
infinite clearnesS and force.
Holmes Marvellous Craft.
When he came TO the testimony of
Mrs. PitZel. he told the jury that never
In his official experience had he heard
sentences of that despairing, hopeless
woman, whom he had kept fitting from
place TO place In the vain hope of meet
was carrying with him three separate
detachments. Mrs. Pitzel, Miss Yorfe
and the children. all within four blocks
OF each other, almost travelling together
under Holmes leading strings, and yet
each party ignorant of the presence of
the other two.
What, marvellous ingenuity. what
craft. what cunning" cried the district
attorney. "Why did he resort to all this
duplicity; why did he adopt so many
subterfuges and why did he tell these
many stories? 1t was because he had
murdered Benjamin f. Pitzel.''
MIR. Graham declared that there was
not one word of evidence to show that
Pitzl had committed or even contem
plated suicide By the statements of
Holmes himself. made more than once,
the speaker declared his presence in that
house on the day OF the murder had
been fixed. From 10 o'clock on that Sun
day morning to 4 ir the afternoon he
was in the Oallowhin street house. This
was fixed by his own statements and his
questions to Miss Yorke, on the witness
stand. leading her TO say that he was
not flushed and excited when he returned
home that afternoon
Graham's Conclusion.
In conclusion Mr.. Graham said he de-
sired the jury to consider only the evil
dence connected with the murder of Pit
nothing else. He paid a glowing tribute
20 Detective Geyer for his work in un-
folding the story
Mr.. Grahams address. which was con-
fined for the most part TO a review of the
details of the evidence, tasted two hours
and a half. Holmes appeared to shrink
from the district attorneys accusing
finger nervouSly twitched in his seat as
officer rung out through the court room.
At the conclusion of his address, a re-
cess was taken until $50 p. m.
When court reconVened there was not
an inch of space in the room or the
gallery above hat was not taken, and the
doors were locked to prevent the entrance
of more. One of thes peculiar features of
the trial has been the number Of society
women present TO witness the proceed
ings, and today there were more than
ever.
The afternoon session was begun at a
quarter to three o'clock when Mr.. Rolan
after moments conversation with
Holmes, began
The Argument For the Defense.
He was very pale but self-possessed and /
received admiration for the pluck and
endurance with which ne fought, practi- I
cally single handed, against the mighty
force Of the commemorative evidence /
and the skill and experience of the dis |
trict attorney.
There wes a 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 Immediately entered upon a discus |
sion of the evidence and said the defense |
plainly admitted that the body found in |
the Cdllowhill street house was that of |
Pitzel and that he and Holmes had been |
conspirng 10 defraud insurance COM |
panieS, and at the time OF the occurrence |
had a scheme on hand. They also ad- |
1nitted, Mr.. Roian said, the story Of !
Holmes Uanderings around the col1ntrv
defense because of their confidence that /
the commonwealth had not made out its |
case and when the jury had analyzed the (!
evidence, they would find the. facts more /
consistent with the
Theory of Suicide Than Murder.
When Holmes went to the house on |
Sunday, September 2, he found the body