The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-11-01
The Prosecution Upset BY Ruling Out
Of Important Evidence.
SCENE CAUSED BY MISS YOKE
Holmes wccps When His Alleged Wife
Appears 10 Tcstify-Dctcctivc Coy.
er's Story Cut Short-The
Case Nearing an End.


jury all evidence bearing directly upon
the murder Of the Pitezel children. THIS
decision of the court ruling this evi'
dence out left the prosecution in con-
fusion, and. in consequence, the dis.
trict attOreny asked for time in which
to rearrange his case. The court grant
ed the request and the regular night
session was not held. and the case
went over until tomorrow morning.
Despite the decision Of the court In
refusing to adm: testimony showing
that Holmes killed the Pltezel children
District Attorney Graham Is convinced
that the evidence already present
ed to the jury will convict Holmes
Although the direct evidence possessed
by the commonwealth that Holmes
killed Pitezel is cir:uinstial, so strong
Is this chain of presumptive testimony
that, to any one who has followed It,
there can hardly remain doubt that
on that Sunday In September, a yeai
ago, Holmes killed Pitezel in the house
at 1916 Callowhill street.
Notwithstanding the decision OF
Judge Arnold today, much indirect evil
dence has been introduced showing tha,
Holmes unQuestionably made way with
the Pitezel children, and this, in every
probability, will have weight with the
jury, and even IL unconsciOusly will
in all Likelihood, influence their minds
in. arriving at q verdict in the case be-
fore them.
When Holmes Broke Down.
The decision OF Judge Arnold and the
conformation in the witness box OF
Holmes by the woman whom he de-
ceived into believing she was his legal
wife, and the break down of the prison
er that followed were the leading feat
ures of the proceedings today. After
several witnesses had testified this
morning the name of Miss Yoke" was
called. Holmes had expected that the
woman whom he had lured into mar
riage with the belief that he was single
would be called upon to give testimony
against him, but the prospects OF
her appearance on the witness stand
completely unnerved him. He called
eagerly to his counsel and urged with
eagerness to object to the witness. In
the meanwhile, however, Miss Yoke
had taken her place In the witness
stand. From his behavior as she did
SO it would seem as IL Holmes really
loved this woman. AS she came for
ward his pallid face flushed to the
brows and then the blood retreate1,
leaving him ghastly white. He looked
appealingly at her, but she carefully
avoided Rlanclng In his direction. When
the girl SO evidently avoided even 60
much as lool1lng at him, Holmes bowed
his head and struggled with a sob that
shook his frame, while he wiped the
tears from his face.
He appealed piteously to his lawyers
to have the witness taken from the
stand. They cOmbatted as we'll as they
coulu the evidence Of the district at
torney that Miss Yoke was not his legal
wife and was therefore competent un-
der the statutes of this state to testify
against the prisoner The testimony
that there was at least one and probably
two other women with whom Holmes
had gone through a legal marriage
ceremony was convincing, and Judge
Arnold allowed Miss Yoke to testify.
Miss Yoke Star Witness.
Before she began her testimony
Holmes counsel stated to the court
that the prisoner would cross-examine
the witness himself Miss Yoke was
one of the star witnesses for the COM
monwealth, but beyond proving that
Pitezel called on Holmes the night be-
fore the day he was killed, and that
Holmes told her that he had an engage
ment with Pitezel on the next day
and was absent from the house from
1880 in the morning until 4,S0 in the af-
not so damaging to the prisoner as
those in the court room expected.
She seemed to have no knowledge OF
any of the events bearing directly upon
the murder Of Pitezel or the children.
Throughout the period In which these
events occurred she was constantly
with Holmes, but he readily deceived
her as to the reason for their hurried
movements from city to city by spe-
cious lies.
: During Miss Yoke's testimony
Holmes recovered his composure, and
when he arose to cross-examine her his
voice was s;cadier and louder than |,
has been at any time since the trial
began. His examination of the W.T..
ness was not long. and he succeeded In
abstracting from her some statements
that were favorable to himself.
y Detective Gcycr's Story.
At this afternoons session, Detective
Geyer. who traced Holmes movements
with the Pitezel. children, and discov.
cred their bodies, was placed upon the
stand. Geyer was expected to be thu
chief witness Of the prosecution. He
told Of the conflicting stories related
to him by Holmes Of the manner Of
Pitezel's death. One of these stories
was that the body found in the house
on Callowhill street was bogus corpse
and the last one. and the one to which
Holmes has since stuck to- was thai
discovered the body, and with 1t carried
out the scheme to defraud the insur.
ance company.
When Mr.. Graham started to have
the witness tell OF the finding Of the
bodies of the Pitezel children the de.
fense made the most stubborn fight
that 1t has waged since the trial be.
gan.
Judge Arnold. without hesitation, de.
cided that the killing of the children
had no direct bearing upon the muir.
der Of Pitezel. He said that II Holmes
was acquitted here he could be taken
either to Toronto or indianapolis tt
be tried for the murders committed
there, and that he ruled the evidence
out. Holmes had watched the face OF
the Judge attentively while he spoke
and when he rendered his decision q
CLEAN Of relief passed over his coun.
tenance. and there came sudden gulp.
ing in his throat.
Attorneys for defense Rejoice.
The attorneys OF the defense were joy.
ftiI over the decision Of Judge Arnolt
and they now affect to believe thu
there IL q prospect Of the jury return.
ins q verdict Of acquittal against
Holmes as they claim no evidence ha,
been produc<I3 ehowing directly that tht
prisoner killed Fitesel. On the con.
trAry, Mr.. Graham ID equally confiden
that he has placed moose arount