The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-10-30
Wants witnesses Excluded.

Yves"
THAT has never been in my posses
sion.'
Wants witnesses Excluded.
Then came another request from the
prisoner. He wanted to know if, dur
ing the testimony of one witness. all
the other witnesses should not be ex-
clUded from the room Judge Arnold
answered that this would be done If
the EFFICIENCY arose. There was a lull
for q moment and then began the big
work of the trial-tA.a taking OF testi-
nony.
Jeanette Pitzel, "Dessa' the daughter
Of the dead man, was the first witness
called. She is a slender, pale girl OF
about II years, and was neatly attired
in dark gray. She was called merely
TO identify several large crayons Of
her father. which she did.
John Townsend, g. photographer, en-
pioyed in the detective service, and
William II. Rau, a private photo
grapher. then identified photographs
of Holmes taken by them after his ar
rest.
Eugene Smith, who found Pitzefs
body in the Callow Hill street house on
September 4, 1894, then told a detailed
story Of his discovery, which has been
already fully published. He said he be-
came acquainted with the dead man on
August %, 1894, through business con-
corning patents which Pitzel was sup
posed to have held. He saw him sew
eral times during the following week
Holmes Objection Sustained.
The witness drew a packet of papers
from his pocket when he came to the
cate but Holmes objected to his re-
ferring to Them unless they were in his
own han writing. Smith admitted that
the papers had been prepared" and
the court sustained the objection
Smith said tkPt during his first visit
TO Pitzel, whom he knew by the name
of Perry, Holmes came IN and, after
giving a nod or sign to Pitzel, wenr
up stairs. A moment later Pitzel ex-
cused himself and followed him. He
returned very shortly but Holmes re-
manned up stairs.
The witness was present when the
corpse of Pitzel was exhumed from the
potters' field and was there first intro
duced to Holmes. Lawyer Howe, Of
st. Louis. Alice Pitzel, the young
daughter, and the insurance officers
were there. The body was recognized
by the witness as Pitzers- Holmes
offered $50 to have the corpse cremated
and asked Howe about 1t. The lawyer
answered that the widow would first
have to be consulted Holmes told the
insurance people of the marks Of identi-
f7cation and. after the body had been
dug up. he pulled out lance and cut
a wart and other marks from the
corpse. At this time witness
had recognized Holmes as the
man he had seen go up stairs in the
Callowhill street house.
Showed Much Legal Skill
Holmes. on cross examination, asked
q number OF immaterial questions, but
in their construction. He presented a
strange picture, standing in the dock,
with his pencil leveled at the witness,
trying to confuse him. He asked that
the plan of the house be produced here,
and Witness Smith temporarily made
way for Marshal Pugh, an engineer in
the bureau of surveys who had drawn
the plan and was called to identify it
Smith then continued his testimony,
and Holmes sought to prove that he
could not, at the place where he sat-
nave seen him go up stairs on the day
alluded to. but the witness adhered to
his original statement. Holmes sub
1ected Smith to a long and searching
cposs-examination, dwelling upon ev-
cry point of the testimony adduced by
the commonwealth, but the witness
was mistaken. Eventually becoming
exasperated, and in consequence of an
inmateriai word from Graham, Holmes
thirsty manner in which the district
attorney and this witness are trying to
draw the inference that I rushed into
this potters' field and mutilated the
dead body Of my friend
You are drawing the differences
yourself" said Mr.. Graham.
pr. William J. Scott was called. and al
this juncture Holmes renewed his plea
TO have all witnesses except the one Oh
the stand excluded from the room.
Holmes, without a change of expression
but with infinite sarcasm, said: %
would like to know whether you, Mr.
Graham, or the honorable court is Il
make the rulings in this case 1 hav,
been anxious to know this since the tria
began"
Court Made the Ruling.
Judge Arnold upheld the district attor
ney and Holmes asked for and wa.
granted an exception to the ruling
Holmes COMPROMISED by asking that th'
witnesses connected with the murder o
benjamin r. Pietzel be excluded. Thi!
was granted him. and as Holmes called
out the names of these witnesses the.
Not having a full list of the witnesses
however, ne was suspicious that all haC
not left, and in spite of the district at
torney'S pr0testatiOns. he pressed tn.
matter earnestly, addressing himsel
principally TO the court, and ignoring Mr.
Graham.
WISH ! COulu get the prisoner to un
derstand" finally remarked Mr.. Graham
that somebody in this case is acting
honestly"
The examination Of DR.. Scott was abou
to be resumed when the district attorne,
arose and said to the court: I'm viev
OF the circumstances of this case. an,
the evident desire TO create sympathy fol
the prisoner, desire the court, as a matte
of grace 10 him because he is withou
counsel, TO ask all the witnesses connects
with any part of the case to retire. Wer,
he represented by counsel / would f1gh
such proceeding at every step"
Witnesses Leave the Room.
After the witnesses had all left tn
ROOM Holmes asked if his wife was I
be fitness.
Aga l must ask said the distric
attorney. which wife DO you mean%'
a flush of anger. THE woman you Sc
1T z designate as Miss Yorke, thereb,
casting slur on her and myself Tha
woman is my wife"
gu cast slur on her" Mr.. Graham
retorted, when you married her witt
Two wives living. l call her by the nam
she gives me, which is Miss Corke''
That is for her 10 say" said Holmes
We'll, she Is not in the court room
concluded the prosecutor, and 1 de
cline to say whether or not she will b.
d witness"
DR.. Scott was then permitted to lei
his story concerning his having beer
called in to examine PietzeIs body. afte
its discovery. He explained the siTDa
ticn of the room and the arrangement
OF the windows so that the sun raw
should fail upon the corpse and hastel
decomposition, together with the poSi
ton of the burns on the body; tn