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The Green Bag.

maker reappeared and the prisoner was rep resented by them during the remainder of the trial. Xo evidence was offered for the defense, Holmes not even appearing on the stand in his own behalf, fearing probably to be met with the dozen or more conflicting stories which he had told at various times. The theory of the defense (in accordance with the last "confession" made by the pris oner) was that Holmes had gone to the Callowhill street store on the fatal Sunday of September 2 and found a cipher letter addressed to him lying on the counter. In accordance with its directions, he searched in the closet, where another note was found, contained in a bottle. In the second, Pitezel stated that he was tired of life, that the insur ance scheme was impracticable, that Holmes would find his (Pitezel's) body lying upstairs, and it could be used far better than could a substituted corpse, in obtaining the ten thousand dollars. Holmes accordingly pro ceeded to the third-story front room, where he found his late friend and ally stretched upon the floor in the same position in which he was eventually discovered. Beside him upon a chair and supported by blocks, so that the neck reclined downward, there was a large bottle of chloroform. Through the cork a quill was inserted, which led into a rubber hose, constricted in the centre so as to regulate the flow. This tube led to a towel over the mouth of the deceased, whose death was due, as defendant con tended, to the inhalation of chloroform fumes. Fearing that the suicide clause in the policy would prevent a recovery, Holmes dragged the body down to the second-story rear room, where he placed it in the same position, lit pipe and matches, broke the bottle and burnt the corpse on its right side so as to present the appearance of an explo sion. This story the jury evidently regarded as somewhat improbable, for a verdict of guilty was promptly returned, which, on appeal, was affirmed. Finally, on May 7, 1896, a year and a half from the time that

Pitezel's body was found, Holmes was dubexecuted in the Philadelphia County Prison. Jeptha D. Howe, it may be remarked, though indicted for conspiracy, was never brought to trial, and subsequently obtained his release, going unwhipped of justice. The records of the proceedings before Judge Arnold are well worth careful study, for they reveal so excellent a method in which a case may be conducted by prosecu tion and presided over by judge. For con ciseness and fairness of examination in bringing out the salient points from the wit nesses it takes high rank. Morning, after noon and evening sessions were held, the last beginning at seven o'clock. Compare this six-day trial of an exceedingly complicated case with the long-drawn proceedings which characterize many other States, of which New York stands as the type. What a con trast does it present to the recent trial of Roland B. Molineaux! Incredible as it may seem to citizens of the Empire State, here was a criminal tried with the utmost impar tiality and fairly convicted in half or onethird the time usually occupied by their courts. The jurors were actually treated as intelligent gentlemen and not as convicted felons. Not a single "knock-out" question was put by counsel, the inquiry as to their fitness being usually limited to half a dozen queries, and yet through some wondrous and mysterious dispensation of an over ruling Providence, the twelve good men and true proved to be an able, intelligent body, well qualified to decide the issues of fact. For so shrewd a man as Holmes to have concocted such altogether improbable lies, must verge on the marvelous unless we take into consideration the inability of the vast majority of criminals—a fact previously alluded to—to frame a sufficient defense. It would have been thought that with his knowledge of chemistry and physiology, he would never have told a story which was open to so many objections. To begin with, had there been an expío