Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-11-02
THE HOLMES CASE.
DEFENCE RESTS on EVIDENCE
OFFERED DY COMMONWEALTH.
IL Holds That Prosecution Has Fall
ed to Make Out Charge Of Murder
Yesterdays ProcecdIngs-ClOsi
Arguments To-day.

Arguments To-Day.
PHILADELPHIA. PA, November L.
Holmes to-day threw himself on the
mercy OF the jury. When the Com
monwealth closed its case this after
noon his attorneys announced that the
prosecution had not made out its charge
of murder. and they would rest their
case upon the evidence offered by the
Commonwealth. and submit no testimony
in defence of the prisoner. This decision
was made by Holmes upon the advice OF
a weIl-known lawyer. who was at one
time retained by the prisoner The move
seemed like bold one, but was unques-
tionably done more i'm desperation, IN
the hope OF influencing the jury, and cree
ating the. impression I'm their minds
that. being conscious Of his innocence.
and not having had time TO prepare
proper defence, he trusted himself to
their sense OF justice.
In reality, Holmes has no defence Not
a witness has appeared for him, and his
record would tell terribly against him,
even IL he were able to offer something
like substantial proof that he did not
Kill Pietzel
The Commonwealth presented TO direct
proof That Holmes murdered Pietzel.
Their chain OF circumstantial evidence
even was not as strong "a was expected.
and. but for the admissions at various
times OF Holmes himself, the District At
torney would have had a most difficult
task I'm proving the charge. That the
Commonwealth hestated TO arraign
Holmes for murder here until the discov-
cry of the bodies of the Pietzel chill
dren is wei known. When the bodies
OF these children were found the Dis
trict Attorney was absolutely Convinced
that Holmes killed Petzel. and that the
murder Of the children was the direct
outcome of the first assassination. when
the three children were unearthed, and
Holmes made his admission that he had
been alone in the house with the dead
body Of Pietzel. Mr.. Graham was salts
fled OF the strength Of his case. and
brought the accused man to trial.
NO SENSATION.
II was expected that the case would be
sensational in the extreme. but after
Judge Arnold ruled out all evidence bear
ing upon the murder Of the children. the
most CHASTITY feature OF Holiness series
OF crimes was eliminated. Instead of fur
nishing any sensation, the trial itself
has been rs duh and uninteresting TO
spectators I'm the courtroom as the ma
jority OF ordinary murder cases are. But
two Incidents out OF the ordinary have
broken the monotony of the proceedings.
These were the appearance upon the
wtness-stand of Mrs. Pietzel. and her
pathetic tale OF her journey with Holmes,
and the testifying against the prisoner OF
the girl that he deceived into believing
that she was his legal wife.
But nine witnesses were called 10 the
stand to-day. The defence this morning
had decided that they would attempt to
prove that PietZei committed suicide.
and was not murdered. Expert testimony
bearing upon this theory, introduced by
Mr. Graham, must have shown the at
torneys for Holmes that the defence
they had outlined would require greater
resources TO maintain than they had
at their command They further made
two blunders to-day. Mrs. Pietzel was
recalled TO the stand to identify some
articles Of clothing belonging 10 her hus-
band, and under crOss-e examination the
defence attempted to show that she was
perfectly cognlzant of the scheme TO
swindle the insurance company. and that
in the Journey she took with Holmes she
was trying to avoid arrest for her share
in H. and was not seeking her children
and husband.
MRS. PIETZEL OVERCOME.
Afr. Graham resented this. form OF ex-
animation Indignantly, and accused the
defence OF attempting to add to the wo-
mans already heavy burden OF grief. He
showed by the Witness statements that,
although arrested for conspiracy. no in
dictment was ever brought against her.
hat utn lf-ref - rflfl hoo
there was no evidence showing that she
had any direct connection with the
swindlc. The questions OF the attorney
for the defence brought tears TO the
eyes OF the broken-hearted 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 nervous fit and her screams rang
through the room.
The defences second blunder was in
endeavoring to elicit from Miss Yohe the
opinion that she still believed herself to
be the legal wife Of Holmes. When
Mr.. Graham saw the drift Of the ques-
ton being asked he had the witness
tell the entire story OF how Holmes had
deceived her in the marriage. and the
falsehoods and deception he practiced
upon her. During this recital Holmes
became confused, and hung his head in
a shamefaced manner.
Just before recess was taken. Mr.. Ora
ham announced that the prosecution
had closed It's case. During the recess
Holmes consulted his lawyers and when
they came into court Mr.. Rotan boldly
asked Judge Arnold 10 either discharge
the prisoner, for the Commonwealth had
not made out a case against him. or else
charge the jury To acquit. This Judge
Arnold refused to do. Then they asked
for a continuance for at least three or
four hours, i'm which to prepare their
evidence Judge Arnold refused to grant
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 proved the charge
of murder and thoy were willlng-to go
TO the jury wi,,%it calling any wit
nesses. II was then arranged that the
closing arguments on both sides should
begin tomorrow, and the court adjourned
for the day. The closing arguments and
the charge OF the jury viii probably con-
sumo the better part OF tomorrow. but
the case will, in all likelihood be given
20 the jury tomorrow afternoon.
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