Page:The Green Bag (1889–1914), Volume 13.pdf/564

 A Study in the Fine Art of Murder. And now, discarding the theory of fraud, the Commonwealth boldly proceeded to the trial of Holmes on a new indictment, charg ing the wilful, deliberate murder of Benjamin F. Pitezel. Mrs. Pitezel, who, after all, was more a victim than an accessory, was re leased. She was at length convinced of the fact of her husband's death and testified against his slayer. The trial of Herman W. Mudgett, alias H. H. Holmes, began on Oct. 28, 1895, but

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announced an intention of withdrawing from the case. "You have no right to withdraw," said Judge Arnold. "Your duty is to remain. Of course I cannot force you to stay and do your duty. The remedy of the court is, if counsel withdraw upon the eve of a murder trial without consent, to enter a rule on them to show cause why they should not be dis barred." The impaneling of a jury was then pro-

H. w. MUDGETT, alias н. н. HOLMES. a little more than a year after the commission of the crime. It occupied six days, and was held before Hon. Michael Arnold in the "Court of Over and Terminer and General Jail Delivery and Quarter Sessions of the Peace, in and for the City of Philadelphia" (to give the official title). There were pres ent George S. Graham, District Attorney, and Thomas W. Barlow, Special Assistant, for the Commonwealth, and W. A. Shoe maker and Samuel P. Rotan for the prisoner. Counsel for defendant upon the opening of court made desperate efforts for an adjourn ment, and when their application was refused

ceeded with, but after the first talesman had been examined by the Commonwealth, the prisoner arose and stated to the court that he had discharged his counsel and would proceed to conduct the case alone. For nearly two days this remarkable man fought the prosecution stubbornly, displaying the forensic ability of a trained advocate. His handling of the expert witnesses revealed no inconsiderable amount of medical knowl edge, and it is much to be regretted that lack of space forbids an extended discussion here. Suffice it to say, that at the evening session of the third day, Messrs. Rotan and Shoe