THE HOLMES CASE

H. H. Holmes.

Cortland Evening Standard, Tuesday, October 29, 1895.

COUNSEL RETIRE.

Holmes Left to Battle For His Life Alone.

A JURY QUICKLY SECURED.

First Day of the Trial Replete With Sensations. The Now Famous Criminal, Deserted by Friends, Counsel and Even His Wife, Goes Calmly to Work In His Cell to Prepare the Story Which He Hopes Will Save Him From the Noose—Failure to Secure a Stay Was the Cause of His Counsel's Withdrawal—Efforts to Secure Other Counsel Failed—Lawyers Assigned by the Court Refused by the Prisoner—Pathetic Scene Presented When the Friendless Man Plead For a Word With His Wife Who Has Apparently Forsaken Him—Taking of Evidence Begins Today.

   PHILADELPHIA, Oct. 29.—H. H. Holmes, or Herman W. Mudgett, which he says is his baptismal name, was put on trial in the court of oyer and terminer for the murder of Benjamin F. Pitezel in this city on Sept. 2, 1894, and the developments of the first day verified, better perhaps than ever before, the force of the maxim that truth is stranger than fiction.

   From the nature of the case and the startling stories concerning it, which have gained currency during the past year, sensational revelations were naturally to be expected when he, who has come to be regarded as the most skillful and audacious criminal of modern times, was placed on trial for his life. Yet, what did occur in court, so far surpassed all expectations, that the most vivid flights of imagination could scarcely have conceived the day's events.

   Protestations and entreaties for a continuance of the trial summarily overruled; the sudden withdrawal of the lawyers, who had hitherto represented the prisoner, in the face of threats of disbarment; the appointment by the court of new counsel and the refusal by the prisoner to accept them as his defenders; the declination of another lawyer to serve after being selected by Holmes; and finally, the prisoner trying his own case. This, not to speak of sundry dramatic passages-at-arms between Holmes and the commonwealth's prosecuting officer, is a summary of what occurred.

   When the case was called, Mr. Shoemaker, for Holmes, asked for a continuance of the case for 60 days. He urged as the basis for his request lack of money and that the defense had not had sufficient time to prepare their case.

   Mr. Rotan of the defense, in arguing for a stay, said that within the past four or five days evidence had come to their knowledge which would put an entirely different aspect upon the case.

   Judge Arnold promptly replied: "The motion for a continuance is overruled."

   Mr. Shoemaker and Mr. Rotan then created a mild sensation by saying, turning to the court, that if the judge's decision was irrevocable they would withdraw from the case, but Judge Arnold spoiled this boomerang by declaring that a member of the bar who would withdraw from a murder case on the very eve of its 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 alternative, but before they could reply Mr. Graham arose. "As far as the plea of lack of money is concerned," he said, "I have positive knowledge that large sums of money were offered within the last week to prominent attorneys at this bar to come into the case as associate counsel for the defense, showing that there are 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," echoed the judge firmly, and the calling of a jury was begun.

   One juror had been admitted by the commonwealth, when there was another sensation.

   Holmes arose in the dock and, in a quivering treble voice, said to Judge Arnold: "May it please the court, I 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. I therefore discharge them as my counsel."

   "You cannot discharge them, Mr. Holmes," answered Judge Arnold. "That is for the court to do, and if they withdraw from this case they will be punished."

   "If," continued Holmes, his tones still more tremulous, "If your honor will give me until tomorrow to secure additional counsel—"

   "We will have no more debate, Mr. Holmes, the matter is decided."

   The examination of jurors was about to be proceeded with when Mr. Shoemaker again arose and stated that the prisoner absolutely 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 then turned over to him for examination.

   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, and the lawyers, without further ado left the courtroom.

   Still determined to brook no delay, however, the commonwealth's officers consulted with the judge, and then called upon Everett A. Schofield and J. M. Fahy, young members of the bar, who agreed to assume the responsibilities, with all the aid possible from Mr. Graham.

   Holmes, however, objected on the ground that as he knew nothing of these gentlemen, he did not care to entrust his life to them.

   The examination of jurors was then resumed.

   Holmes continued questioning the jurors as they came up and gave every evidence of being a man of education. His words, which embraced the usual technical questions, were well chosen and well pronounced. He listened to District Attorney Graham's formal set of inquiries with the keenest interest, but with little expression on his pinched face.

   At the suggestion of Mr. Graham, he asked each man whether or not he had read the book called "Holmes' Own Life," purporting to be an autobiography of the defendant. After one of these questions, Holmes said quietly, but with much subdued force: "At the proper time and place to discuss this matter, I will show that I have neither published nor authorized the publication of any such book."

   Lawyer R. O. Moon came into court and, with the assent of the commonwealth's officers and the judge, held a whispered consultation with the prisoner, at the conclusion of which he addressed the court.

   He admitted having been consulted in the case, and said he knew probably more about it than any outsider. He would be glad to take up the defense of the prisoner, but in view of the foreign elements entering into the case, such a thing was practically impossible without a continuance until some future date.

   Judge Arnold reiterated that the case should proceed without delay, and Mr. Moon replied that in that event he felt constrained to decline to participate in it.

   Several times a jury was secured, but on each occasion Holmes exercised his challenge prerogative. Finally, when but two challenges were left to him, and there were 12 men in the box, he again made an earnest plea for a continuance until morning, on the ground that he wanted to get certain necessary papers from Messrs. Rotan and Shoemaker, and "have an interview with a certain person in this city."

   Judge Arnold was inflexible, however.

   The jurors were then sworn individually. They are: Foreman Andrew Hertel, shoemaker; Robert Chambers, carter; Robert J. Kincade, florist; Samuel Wood, manufacturer; Richard Johnson, painter; Lewis Reese, farmer; William P. Hansell, wagon builder; James Kenney, foreman; Linford Biles, paymaster; Thomas Sloan, driver; John J. Smith, engineer, and George O. Clash, soapmaker.

   Clerk Henszey read in detail the indictment to the jury. The 12 men stood up, as did Holmes, who listened unmoved to the legal verbiage charging him with the murder of Pitezel.

   The district attorney's next step was to outline the story of the crime from the time of the discovery of the body in the Callow Hill street house by Eugene Smith, a carpenter, who had been in the employ of the dead man.

   Mr. Graham detailed the forming of the alleged conspiracy before the murder to defraud the insurance company by the substitution of a body for that of Pitezel's, and enlarged upon it and its many ramifications at considerable length. He pursued the history of Holmes' various movements, the disappearance of the Pitezel children and the many conflicting stories told by Holmes, all of which had been fully published.

   Throughout the district attorney's address Holmes sat with his legs crossed, taking copious notes and listening with intent interest, but without a shade of expression, even when Mr. Graham's resonant voice rang out in the most scathing denunciation.

   District Attorney Graham spoke for one hour and 25 minutes. He then held a brief talk with the judge at side bar, and agreed with him, that in view of the lateness of the hour, it would be inexpedient to begin the taking of testimony, as the examination of the first witness would be interrupted by the supper recess. It was therefore decided to adjourn court until 10 o'clock this morning.

   When this became known to Holmes, he arose in the dock and the last sensation of a day, replete with extraordinary incidents, occurred.

   "May it please your honor," he began, his weak voice vibrating with the emotion which his wonderful self-control prevented from betraying in his face, "I am forced to ask that certain privileges be accorded me in prison. They are not very extensive privileges. I must ask the district attorney to allow me to have in my cell light, paper and writing materials, that I may be enabled to prepare my case. I shall also ask the privilege of sending or having some one connected with the court, sent to Fort Worth, Tex., for certain papers essential to me—how essential I did not know until I heard Mr. Graham's address. Again, I ask that I be furnished with a list of the witnesses to be called by the commonwealth."

   "I decline to give that," said the district attorney emphatically. "I will furnish that to nobody."

   "Then," continued Holmes, "I repeat my request for an interview with a certain party—the party I spoke of this morning," and observing an inquiring look from Mr. Graham, he exclaimed sharply and with a defiant gaze at that official—"my wife."

   "Which wife?" retorted the district attorney sharply.

   There was a suspicion of tears in the voice of the friendless man as he responded with a bitterness that was real: "You well know whom I mean, Mr. Graham, the person you have seen fit to designate as Miss Yoke, thereby casting a slur on both her and myself."

   "She will not see you," the district attorney declared. "You had the opportunity to speak to her in my office, but she shunned you."

   "I never had," Holmes cried. "I say that I was legally married to this woman two years ago, and there has been no separation except that brought about by you, Mr. Graham. At least," he pleaded, and there was no one in the tribunal who could for the moment repress a feeling of pity for the unfortunate man. "At least allow me to write and ask her, so that she may answer and I can read, in her writing, that she does not want to see me."

   "She told you so to your face," exclaimed Mr. Graham.

   "I beg to differ with you, sir," and an angry flush for an instant suffused the cheeks bleached with the prison pallor.

   "Mr. Holmes," said Judge Arnold, "you may write your letter; it will be taken by a court officer and no one but she shall see it."

   "And," added the district attorney, "I will have her in court tomorrow morning besides."

   "I will see," concluded the judge, "that you get light and writing materials."

   "I thank you, sir, for the privilege," replied Holmes, politely drooping his head.

   The court was then adjourned, the jurors locked in their rooms under careful guard, and the man who is accused of being the greatest criminal of modern times was conveyed back to prison to prepare the story which he hopes will save him from the hangman's noose.

DOUBLE ELECTROCUTION.

Two Murderers Died Today at Dannemora.

DAVIS AND SMITH THE VICTIMS.

The Former For the Brutal Outrage and Murder of a Little Girl; the Latter For the Murder of an Aged Man at Albany.

   DANNEMORA, N. Y., Oct. 29.—Today has been a red letter day for the electric chair in Clinton prison. Within a few hours its unyielding grasp has fastened upon the forms of two human beings, and both have perished in its embrace. The electrocution of two criminals in one day is a novelty which this prison is the first to witness.

   The victims of the chair today were Charles N. Davis, child murderer and outrager and George H. Smith, the 23-year-old murderer of an old man at Albany.

   The chair used today is the same which has performed its deadly mission on previous occasions in the prison here, and it did its work well.

   The only witnesses to the execution were the prison attendants and those provided by law—physicians, newspaper men, etc.

   The dynamo and apparatus of death were in charge of State Electrician Davis, and the prisoners were brought in by Warden Thayer and his assistants.

   The men formed strikingly divergent pictures of the criminal type; Davis, morose, gloomy, scowling and defiant; Smith, trembling, nervous and evidently badly frightened. Little time was given for the study of character, however, for in each case the prisoner was marched in, taken directly to the chair and before he was aware of it, he was gently but firmly pressed into a sitting posture, the straps and electrodes adjusted and with very little delay the death dealing current was loosed and death quickly ensued.

   Before being conducted to the death chamber, both men bade goodby to Bat Shea, the murderer of Robert Ross at Troy, who has been their only companion in the condemned cells and who was left to its sole occupancy with a very sober look on his face as he bade farewell to his fellow murderers.

William E. Chandler.

PREDICTION OF WAR.

Senator Chandler Says "We Will Have One With England.

   CONCORD, N. H., Oct. 29.—The Evening Monitor, Senator Chandler's paper, contains a leader from his pen in which war with England is predicted. It has for its heading "Our Coming War With England—a Prediction," and is summarized thus:

   "War between the United States and England is inevitable. It will arise on account of British disregard for our direct interests. It will also be forced by British encroachments upon other nations all over the world. It will be fought by us, having Russia as our European ally.

   "As a war offensive on our part, it may not happen within 20 years. As a defensive war it may come sooner and should be welcomed. One sure result will be the capture and permanent acquisition of Canada by the United States."

Cortland Fire Department Headquarters, Main Street.

EMERALD HOSE CO.

SUCCESSFUL FAIR IN PROGRESS AT THE ARMORY.

Great Crowd Present—Opening Address by Edwin Duffey—Darktown Fire Brigade To-night.

   Emerald Hose company's fair, for which such elaborate preparations have been making in recent weeks, was opened last night at the armory in a way which gives promise of its great success all the week. The large floor space was crowded with young men and maidens all assembled to bear tribute to the bravery and energy of the gallant fire laddies.

   At 8 o'clock the members of the company headed by the Cortland City band escorted the Water Witch Steamer & Hose Co. from their rooms to the armory. Triumphant Hose of Homer were also invited guests, but owing to a slight misunderstanding as to the time of leaving Homer, they did not arrive until nearly 9 o'clock.

   The opening address was given by Mr. Edwin Duffey, who was introduced by Mr. M. F. Cleary in well chosen words. The address was listened to with the closest attention and included a brief history of fire companies and the various methods of fighting fire in different countries. Upon the stage were seated Messrs. C. H. Drake and Edward Fitzgerald.

   The address was followed by excellent music by the band, after which the floor was cleared and dancing was begun which lasted until midnight. Daniels' orchestra of seven pieces furnished the best of music.

   There are three booths prettily trimmed. The one near the entrance is presided over by Misses Minnie F., Margaret and Anna Cleary and Bessie Hardy, who dispense candies of all kinds. The booth at the left and near the rear of the room is in charge of Misses Jennie Kelley, Blanche Lavelle, Anna Monahan and Anna Mack, while that at the right is presided over by Misses Agnes Keenan and Hattie Roberts. These booths contain donations given by the merchants and business men of the town. In the center of the room near the ceiling is a banner reading "Welcome to Our Guests."

   The officers of the company are:

   President—M. V. Line.

   Foreman—Thomas J. Murray.

   1st Assistant—Ed Dowd.

   2nd Assistant—James Gaffney.

   Recording Secretary—John Nix.

   Financial Secretary—M. B. Burns,

   Treasurer—Henry Corcoran.

   The committee of arrangements consists of F. J. Burns, C. H. Drake and J. F. Dowd.

   The evening entertainments for the week are under the special direction of Mr. B. D. Hakes. To-night occurs the presentation for the first time of the side-splitting farce "Darktown Fire Brigade."

BREVITIES.

   —The Y. M. C. A. bookkeeping class will meet to-night at 8 o'clock.

   —The regular meeting of the [C. F. D.] Protective Police will be held to-morrow night.

   —The receipts from the oyster supper served by the Y. P. S. C. E. of the Congregational church in the Garrison block Saturday night were $27.

   —The North Solon letter which is published in another column contains an account of the stealing of a bicycle, the chase after and capture of the possessor.

   —Mr. Arthur Parce or South Otselic was operated upon at the hospital this forenoon by Dr. F. W. Higgins assisted by Drs. A. J. White and F. D. Reese of Cortland and Dr. Lovell of South Otselic for disease of the bone of the skull.

   —The Dryden cornet band must be good pedestrians. They paraded into town through Tompkins-st. at 3:30 o'clock this afternoon fifteen strong and playing an inspiring air. They have come to attend the Emerald Hose company's fair this evening, but the question is, "Did they march all the way from Dryden [and] will they march back after the fair to-night?"

   —At 2:50 o'clock this afternoon a pair of horses on Clinton-ave. near the Wells block got frightened at the electric car and turned around very suddenly upsetting the wagon and throwing the driver out upon the ground. Some bystanders caught the horses before they could get away. The man was not seriously hurt, nor was the wagon badly damaged.

   —Watertown has been having an epidemic of typhoid fever and many deaths have resulted. Nearly all the sick were patrons of a single milkman. The milkman's own son was one of those who died. The health officer has been investigating and found that the milkman had been washing his cans in cistern water. Near the cistern was a leaking closet [toilet] and it is thought that the germs got into the cistern water from that.

   —The parade at noon to-day by the Emerald Hose company was one of the best of its kind ever seen in Cortland and created no end of merriment. It was headed by the members of the company and Mr. B. D. Hakes who has charge [of] the production of "The Darktown Fire Brigade." Then came the Cortland City band followed by the Johnson family of thirteen members. The famous fire brigade came next with the hose cart and then the Darktown fire commissioners in a carriage of uncertain age.

North Solon.

   NORTH SOLON, Oct. 26.—Quite a little excitement prevailed in this vicinity Thursday morning when we found that Frank Warren's wheel had been stolen. Frank is working in Blodgett Mills and when coming home the Saturday night before he punctured the tire in some way, so that he returned to Blodgett Mills Monday morning without his wheel, leaving it at home in the barn. Wednesday morning there came a young man to Mr. Warren's from toward Truxton, asking for work. He gave his same as Edward Richard George, said his home was in Sayre, Pa., said he with two other young men went to Boston with cattle for a stock buyer and the man was to pay their expenses back, but when they got there the man skipped and he had no money so had to get back the best way he could.

   Mr. Warren sent him to Tom O'Donnell's to hire out. Mr. O'Donnell hired him and set him husking corn. After dinner Mr. O'Donnell and wife started for Cortland leaving the hired girl in charge of the house. As soon as they were gone he went to the house and tried to go in and the girl locked him out. Then he went back to Mr. Warren's and said he could not get any work and wanted to lie down in the barn and rest, as he was very tired. After a while he split some wood and wanted to stay all night. Mr. Warren told him they were going to a corn husking and that he could go too, but he said no, that they could go and he would lie in the barn. They did so and on their return called to him to come to the house. Not getting any reply, they supposed he was asleep and concluded to let him remain there till morning.

   In the morning Mr. Warren found the man had gone and had taken the wheel. Mr. Warren quickly started in pursuit with very little hopes of ever finding the wheel, but as the air was out of the tire it made a wide track and Mr. Warren with the aid of Constables W. P. Henry and Barry Wadsworth succeeded in tracking him and he was finally captured by Mr. Wadsworth. When Mr. Warren asked him why he took the wheel he said he got nervous and couldn't help it. He also said he started in twenty minutes after Mr. Warren's people left home. The prisoner was taken before Justice Maybury of Solon, and an examination was held. The justice held him to await the action of the grand jury and he is now in the county jail.