Norwich bulletin., 1919-06-06
SENTENCE GIVEN IN HOLMES CASE

was every ground for reasonable doubt in the case and Holmes should be ac- | quilted.
 States Attorney Argues.
 After recess of ten minutes, States | Attorney Hull began the closing argu- l ment for the prosecution. The prin- clpal thing, he said. was to establish l the truth on the evidence. The state is not obliged in criminal cases to prove the guilt of the accused abso- lutely and no reputation. however fair, can be a defense, though it can serve to show that the accused is not apt to commit crime
 No peculiar powers attach to the state in this case, Major Hull argued, and the accused has had the benefit of three of the ablest attorneys, among whom is the "generalissimo of the Norwich police force.' the force that has been accused of lying and per- jury, not by the mayor, but by his as- sociates. This assault was the work stlhck and ran. If he had not been a novice he would have taken the watch and other valuabies from the safe
 Major Hull went on to commend the work of the Norwich police force, which he said had been done with a conser- vatism and care that is rare among policemen, and he commended them highly to the mayor as efficient and valuable officers. He went over in de- tail what the police knew about the case that night and what they did. They knew there were no signs of breal: at the house. The man who made the assault must have got in with key. Holmes had the key. They knew, with the electric bulb turned down, the man must have used a fash light Holmes had q fashlight and had bought it that day. Roland saw man With dark overcoat and cap which cor responded to what Holmes was wear ing. They found the note and did the intelligent thing when they took it tf the hospital to show to Captain Len nen- Holmes made. no reply when he heard what Captain Lennen said about the note. An honest man wouldn't have rested that night until he had seen the captain and recalled to his mind how he had paid the note The police investigated the safe. but coun- sel for the defense made no reference to the safe because they knew that would be fatal.
 Carroll saw the blood spot, bright red, continued the states attorney Blood Expert Brown says it couldn't
 
 red paint at the police station All the officers had their attention called to l this spot at the house. The police | knew about the bloody gloves and they saw the stains on the tablecloth 20 minutes before Holmes got to the house. The worn place on the thumb and the torn place on the little finger 1 fitted the marks on the tablecloth, and l the defense had had the same oppor- tunity as the state to find out whether there was blood on the palm side of 1 the gloves.
 1 The states attorney argued that the time as fixed by the police at the sta- ton house made it possible for Holmes 1 to have committed the assault and reached Pulaski hall when he said he | did, and then went on to mention some l facts which he said ended the case These were the claimed payments ot 1 the note, of which nothing could be l shown either in Holmes accounts or ir 1 Captain Lennen's accounts. If Captain Lennen had forgotten about the pay ment of the note there would surely l have been some record of it, one side 1 or the other. He was the last man 1T the world to suspect Holmes of any ] wrong until the evidence brought him 1 to it. Unless the note has been paiI 1 the whole defense fails. Nobody saw Holmes between and g o'clock that night, the attorney continued, and as ] to motive, Holmes knew that Captain 1 Lennen had made a will and expected that it might be something like Mrs Lennen's that would benefit him. IT concluding. he claimed that the weight of the evidence removes all reasonable doubt and proves the man guilty.
 Judge Case Charges Jury.
 The states attorney spoke for ar hour and ten minutes and was follow ed at once by Judge Case in his charg, l to the jury which occupied 25 minutes court that the charge was eminentl, fair, with whatever favor there was II it one way or the other. being to thu advantage of the accused.
 At the start he outlined the >thre, possible degrees of crime coming un dtr the charge, first. assault with in | tent to kill and murder, which mus have the element of malice afore
 thought; second, assault with intent t
 kill. which Is without malice. and
 third, simple assault.
 Judge Case ended his charge at 124
 and immediately directed the jury t,
 retire to their room with the exhibits
 which were carried in by the court at
 taches.
 At 1 o'clock Judge Case ordered tn,
 noon recess and the jury was takel
 out to lunch in charge of Sheriff Sid
 ney A. Brown.
 Upon return at o'clock. the juror again entered the jury room, more ex
 hibits were taken in to them .togethe
 with big pitcher of ice water. an,
 left to consider the case. Byron J
 Peckhaa of Stonington was elected i foreman.