The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1895-11-06


your three children since you gave
them to this man?"
This question was too much and
amidst her sobs Mrs. Pitzel replied:
II have never seen my little girls ex-
cept lying side by side in the morgue
at Toronto, and I have never seen How
ard, but l saw some of his little things
in the coroner's Office at Indianapolis"
There was more than one moistened
eye in the court while the sobbing
woman was speaking, and the defense,
realizing the probable effect the sightof
a bereaved and suffering mother would
have upon the sensibilities Of the jury,
interposed an objection. Mr.. Graham
was so vehement in his indignant reply
to the defense's objection that he was
rebuked by the court who, however.
sustained his line of questioning.
The defense then began It's cross-ex-
animation, which was conducted by Mr..
Kotan. The cross-examination of Mrs.
Pitzel covered much the same ground as
her direct testimony and developed
nothing favorable to the defense, but,
if anything, strengthened the story Of
Holmes cold-blooded knavery. Mrs
Pitzel was still on the stand when court
took recess.
At seven p. m. Mrs. Pitzel resumed
the stand, and her cross-examination
was proceeded with. 1t was indirectly
shown by the testimony of the witness
that Holmes had several times paid the
rent for the Pitzel family, and grocery
and provision bills. The witness fur
ther said that her husband had told her
that Holmes owed him this money, and
If he did not provide for his (Pitzel's)
family while he was in prison he would
make it hot for Holmes. BY indirect
admissions, Mrs. Pitzel showed that
pitzel was practically dependent upon
Holmes for support. Pitzel told her,
previous to it's carrying out. of the
scheme to defraud the insurance COM
pany, but he did not tell when or where
it would be perpetrated.
She identified the portrait of her hus-
band and the valise he had when he
left home. After being on the stand
for an hour Wednesday evening, Mrs.
PitzePs examination was ended, and
she feebly staggered to her seat, with
the assistance of two court officers, and
in few minutes left the courtroom.
Philadelphia, Nov. 1.-The defense in
the Holmes trial now in progress here
scored two points Thursday. The first
was the refusal of Judge Arnold to al
low certain letters written by the Pit
eel children to their mother to be read.
This, however, was but temporary
ruling subject to a decision to be rem
dered later. It was, nevertheless, ac-
counted a partial victory for the de-
Tense, for the letters would probably
have appealed to the jury and preju-
diced their minds against Holmes.
The second point was more substan-
tial one. 1t was decision rendered by
Judge Arnold thwarting the plan Of
the prosecution to drag in the fate OF
the children. He ruled that the killing
of the children had no connection with
the trial of Holmes for the murder of
the father, and that no such evidence
could be introduced. This decision APP
parently left the prosecution in con-
fusion, and in consequence the district
attorney asked for time in which to re-
arrange his case. The court granted
the request and the night session was
not held.
Philadelphia, Nov. 2.-Holmes on
Friday threw himself upon the mercy
of the jury. When the commonwealth
closed it's case in the afternoon, his at
torneys announced that they consid-
cred the prosecution had not made out
it's charge of murder and they would
rest their case upon the evidence Of
fered by the commonwealth and submit
no testimony in defense of the prisoner.
This decision was made by Holmes up
on the advice of well-known lawyer
who was at one time retained by the
prisoner. The move seemed like bold
one, but was unquestionably done
more in desperation in hope of influ-
encing the jury and creating the inn
preston in their minds that, being con-
scious of his innocence and not having
had time to prepare proper defense,
Holmes trusted himself to their sense
OF justice. In reality Holmes has no
defense. The commonwealth has pre-
scented no direct proof that Holmes
murdered Pitzel. Their chain of cir
cumstantial evidence even was not as
strong as expected, and but for the adj
missions at various times of Holmes
himself, the district attorney would
have had most difficult task in proving
the charge.