Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-11-30
HOLMES SENTENCED
Pitezel's Convicted Murderer Must
Die for His Crime.
THE COURT DENIES Him ANOTHER TRIAL
Tilt Between Judge Arnold and
Prisoners Counsel.
FIFTEEN EXCEPTIONS FILED

PHILADELPHIA, November 3O.-In the
| court of oyer and terminer To-Day Judge Ar
ncld refused to grant Herman w. Mudgett,
| alias H. H. Holmes, who was convicted on
November 2 for the murder in this city on
September 2, 1894, of b. F. Pitezel. new
| trial, and sentenced the condemned man to
death.
| Promptly at 10 o'clock Holmes, accompa-
MED by his counsel, came into court He
| looked careworn and seemed to have lost
that air of confidence which has clung to
| him throughout his trying ordeal
Court opened with a brief tilt between
Judge Arnold and Lawyer Rotan, counsel
| for the defendant Judge Arnold charged
that Mr.. Rotan had offered an insult to the
court by briefs to President Judge Thayer
and Judge Wilson, who had sat with Judge
Arnold when Holmes counsel had argued
for new trial, but neglected to send him
a copy.
Mr.. Rotan said that the briefs had been
prepared hurriedly. and if the judge had
been overlooked it was mistake. He said:
Il do not want the impression to go forth
that l have done wrong. / do not want to
be attacked that way. There was dis
respect intended when sent the briefs to
| Judges Thayer and Wilson, and as men,
| ber of this bar you should have that conf
dence in me-"
Judge Arnold made no further comment.
but proceeded to read the courts answer to
Holmes, coInsers reason for new
the verdict one at time, and dwelt at
length upon each.
The main reasons for a new trial which
were put forth by the defendants counsel
were the admission of the testimony of
Miss Yoke, whom Holmes claimed as his
| lawful wife; the district attorneys opening
speech to the jury. when he brought the
murder of che children into the case, and
that part OF Mrs. Pitezers testimony in
which she said the last time she saw her
children was in The nlorgue at Toronto
In reference to Miss Yoke's eligibility as
witness the Judge said that it was the
opinion of the court that Holmes was not
only married to the Willamette, ILL.,, wo-
! man when he welded Miss Yoke. but that
he also had wife in Gilman, N. ID. There
fore. the marriage to Miss Yoke was null
and void, and the evidence was admissible.
The opening speech of the district attor-
1t the evident intention of Holmes,
said Judge Arnold, TO take off the entire
Pitezel family in order to secure property
belonging to the murdered man. As to
had instructed the jury not to be Influenced
by the woman's statement.
He closed by saying that the court ap-
proved the verdict and refused new trial.
District Attorney Graham then arose and
asked that sentence be pronounced.
Holmes was ordered to stand up.
Judge Arnold Said Herman w. Mud
gett have you anything to say?'
Holmes replied in a barely audible voice:
Il have nothing to say.
Judge Arnold then pronounced the death
sentence follows: 1T Is the sentence
of this court that you be taken hence
whence you came and there be hanged by
the neck until you are dead. May God
have mercy on your soul"
The expression on Holmes face remained
the same. He was taken from the court
to prison.
Governor Hastings will .ix the day Of
Holmes execution. An appeal to the su-
preme court will be taken at once.