The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-11-02
HOLMES IN THE JURY'S HANDS.
NO WITNESSES CALLED N THE
PRISONERS DEFENSE.

His Attorneys Announce That They
Consider That the Prosecution Has
Not Made Ont It's Case and That
They VIII Rest Theirs Upon the
Evidence OHered by the Common
vealth-The Defense Makes B-und-
ers I'm Recalling Mrs. PitezeI aud
Miss Yoke To the witness stand aud
Attacking Them.
Philadelphia, Nov. 1.-Holmes to-day
threw himself upon the mercy Of the jury.
When the commonwealth closed It's case
this afternoon. his attorneys announced
that they considered the prosecution had
not made out it's charge Of munier and
they would rest their case upon the evil
dence offered by the commonwealth and
submit no testimony in defense OF the
prisoner. This decision was made by
Holmes upon the advice of a well known
lawyer who was at one time retained by
the prisoner. The move seemed like a
bold one. but was unquestionably done
more in desperation IN the hope of in
fiuencing the jury and creating the inn
preston in their minds that, being con-
scious of his innocence and not having
had time to prepare a proper defense.
Holmes trusted himself to their sense OF
justice. In reality Holmes has no defense.
Not a witness has appeared for him.
and his black record would tell terribly
against him, even If he were able to offer
something like substantial proof that he
did not kill Pitezel The commonwealth
presented no direct proof that Holmes
murdered Ptezel. Their chain of cir
cumstantial evidence. even, was not as
strong as was expected, and but for the
admissions at various times Of Holmes
himself the district attorney would have
had most difficult task in proving the
chafBe. Ihat the commonwealth hesi-
tated to arraign Holmes for murder here
until the discovery Of the bodies Of the
Pitezel children, IL we'll known When the
bodies of these children We're found the
district attorney was then absolutely con-
WINGED that Holmes killed Pitezel and that
the murders Of the children were the di-
rect outcome OF the first assassination.
When the remains Of the three children
wer unearthed and Holmes made his ad-
mission that he had been alone In the
house with the dead body of Pitezel, Mr.
Graham was satisfied OF the strength OF
ms case and brought the accused man TO
trial.
1t was expected that the case would be
sensational in the extreme. but after
Judge Arnold ruled out all the evidence
bearing upon the murder OF the children,
the most CHASTITY features Of Holmes se-
ries OF crimes were eliminated. Instead OF
furnishing any sensation, the trial Itself
has been as duh and undressing TO the
spectators in the court room as the ma
jority of ordinary murder cases are. But
two incidents out Of the ordinary have
broken the monotony of the proceedings.
These We're the appearance upon the Wit
ness stand Of Mrs. Pietzel and her pathetic
tale or her journey with Holmes, and the
testifying against the prisoner OF the girl
that he deceived into believing that she
was his legal Wife.
70 the stand to-day. The de-
Tense this morning had decided
that Pitezel committed suicide, and was
not murdered. Expert testimony bearing
upon this theory introduced by Mr.. Gra-
ham must have shown the attorneys for
Holmes that the defense they had out
lined would require greater resources to
maintain than they had at their COM
mand. They further made two blunders
to-day. Mrs Ptezel was recalled 10 the
stand to Identify some articles OF cloth
ing belonging to her husband. and under
cross examination, the defense attempted
to show that she was perfectly cognizant
of the scheme to swindle the Insurance.
company. and that In the journey she
took with Holmes she was trying 10 avoid
arrest for her share in IL, and was not
seeking her children and husband. Mr..
Graham resented this form Of examina-
tion Indignantly, and accused the defense
Of attempting to add to the Womans al
ready heavy burden of grief. He showed
by the witness statements that although
arrested for conspiracy no indtctmenr
was ever brought against her, and that
she was discharged because there was
no evidence showing that she had any
direct connection with the swndle. The
questions Of the attorney for the de-
fense brought tears to the eyes OF the
broken woman upon the stand, and her
appearance excited the sympathy Of all
in the court When she was removed
from the stand and led into the corridor
she was attacked by a nervous mt, and her
screams rang through the room.
The defense's second blunder was in
endeayoring to elicit from Miss Yoke the
opinion that she still believed herself 10
be the legal wife of Holmes. When Mr..
Graham saw the drift of the questions
being asked he had the witness tell the
entire story OF how Holmes had deceived
her in the marriage and the lies and de-
ception he practiced upon her. During
this recital Holmes became confused and
hung his head in a shamefaced Manner
Just before the recess was taken, Mr.
Graham announced that the prosecution
had closed its case.
During the recess Holmes consulted his
lawyers, and when they came into court
Mr. Rotan boldly asked Judge Arnold to
either discharge the prisoner, on the
ground that the commonwealth had not
made out a case against him, or else
charge the jury to acquit him. This Judge
Arnold refused to do. Then they asked
for a continuance for at least three or
four hours in which TO prepare their evi-
dence Judge Arnold refused TO grant
them this much time, but gave them half
an hour. They retired with the prisoner,
and upon their return Mr. Rotan an
nounced that they would rest their case
upon the evidence of the commonwealth.
He said they were satisfied that the
prosecution had not proven the charge OF
murder and they were willing to go to
the fury without calling any witnesses.
1t was then arranged that the closing ar
gument and the charge of the judge will
probably consume the better part of to-
morrow but the case Will, in all likeli-
hood. be given to the jury tomorrow az
ternoon.