Birmingham state herald., 1895-11-19
4 SENSATION FURNISHED MT. Shoemaker, One of Holmes
 Attorneys, IS IN A BAD PREDICAMENT He Is Fur Under Bond for Subornation of
 Perjury. HE PROCURED A FALSE AFFIDAVIT To Prove That Peitzel Committed Suicide aud Was Not Murdered by Holmes.
 He Paid the Woman $40 to
 Sign the Affidavit.
HE PROCURED A FALSE AFFIDAVIT

Philadelphia, Nov. 1S.-The argument for a new trial in the continued murder case of Holmes was heard this morning in the criminal court before Judge Ar mold, who tried the case. Judge Wilson and Judge Thayer are the presiding judges of the court. Like all the phases Of this singular case, the ordinarily routine procedure furnished a sensation. Holmes has lost the easy look of confi- dence that he wore during his trial, and although he was composed his anxiety was plainly visible.
 The sensation was furnished by MT. Shoemaker one of Holmes counsel. MT. Shoemaker presented an affidavit from witness purporting to be named Blanche Hannigan. In the affidavit the witness swore that she kept cigar store on Callowhill street, near the house where PietZel was killed, and that she knew the dead man and that he told her that he intended to commit suicide. District At torney Graham asked that witness be call ed to the stand, and MT. Shoemaker replied that he did. not know where she was. Then MT. Graham called private detec- tive named Swtzler to the stand. The detective testified that Shoemaker weeks ago had written out the affidavit and given him $20 to hire some one to swear to it. Then Detective Geir was called, and he testified that Switzler had shown him the affidavit before it was signed; then woman was called to the stand who said she was the Blanche Hanni- gam who signed the affidavit. She swore that she knew nothing about the state- ments in the affidavit. Her name instead of being Hannigan was Rhea, and she Is the matron of the Fourth Police dis trict It was at the suggestion of MT. Gelr that she went to Switzler and Shoe maker and impersonated Blanche Han nigan." Shoemaker gave her S20 and took her before notary public and she swore to the statement.
 This astonishing testimony that seem ed to clearly point to perjured affida- wit evidently surprised the court. and when Shoemaker attempted to make some confused statement Judge Thayer suggested to him that his greatest safety lay in silence. MT. Rotan, Homes other attorney, stated to the court that he knew nothing of the affidavit, and then he be- gan argument for new trial. The main points of the reasons for asking new trial were given in these dis patches last week when the application for a new trial was filed. The principal allegations for asking for the trial are that the district attorney influenced the jury in evidence that showed the chil- dren were killed by Holmes, that the defense were not ready to proceed and the court erred on number of points in the
 
 trial.
 MT. Rotan argued for an hour and fifty minutes and then District Attorney Graham replied. In his argument MT. Rotan had dwelt upon the admissibility of the evidence of Miss Yohe, on the ground that the commonwealth had not clearly shown that she was not the pris- oners wife, and therefore, she was not competent witness. MT. Graham re- produced the prisoners letters to the xpif ceremony of marriage, and then MT. Gra- ham sprung a surprise on Holmes that perceptibly took him back. MT. Graham put in evidence a record from the Chi cago courts of an application for di- vorce filed by Holmes asking for sep aration from his right wife, who lives at Gilmerton, N. H. He also produced an affidavit from this wife that while mak- ing the now famous trip with Mrs. Pelt- gel and Miss Yohe, Holmes called to see her and resumed his relations as a hus- band with her. MT. Graham reviewed the contentious set up by the defense and step by step demolished them, and in a manner that was absolutely conclusive shed a flood of convincing light upon Holmes guilt.
 quently restrained by points of law in referring to the prisoner, but in his re- view of the evidence today he was re- strained by no such conditions and he fairly withered Holmes with his scorch- ing arraignment of his various crimes The weak point in MT. Graham's case during the trial was how Pietzel was ac- tually killed. His inference was that Petzel was chloroformed to death by Holmes, but he never brought this out clearly. Judge Wilson seemed struck by this and asked MT Graham how Pietzel was killed. MT. Graham said that 1t was the contention of the commonwealth that Holmes chloroformed him to death, but the district attorney did not make 1t clear how they believed the dead man was murdered. MT. Rotan seized on this point and addressing the court in his Closing argument dwelt upon the improb- ability of a man of Holmes phisique overcoming Pietzel and killing him with ehloroform. He contended that though the commonwealth had evidence to show that Pietzel bought pint of whisky the night before he died, there was no evil I1ence to show that he was drunk on the day he died and thereby enable Holmes to administer chloroform to him in that condition.
 In concluding his argument Mir Rotan asked the court to take particular note in their decision of the medical evidence offered at the trial which he contended was incomplete and inconclusive. Judge Thayer replied that the court would con- sider this phase of the case especially as required by MT. Rotan. Then Judge Thayer, addressing MT. Shoemaker told. h,m that he had most unpleasant duty to perform. He said that the court had no alternative but to hold him in s100 bail for subornation of perjury. MT. Shoe maker stood pallid and nervous while Judge Thayer was speaking and when his honor had finished he made an inar- ticulate effort to say something, but Is voice choked and he sat down silently. The court reversed it's decision upon granting Holmes a new trial. but that the new trial will be refused from the line of questioning adopted by the bench is undoubted.
 Mir. Shoemaker procured bail, but re- fused to make any statement in regard to the affair. He would only say that it was