The herald., 1895-12-01
Stands Up to Receive His Sen.
tence of Death
WELL, THAT SETTLES IT.
Is the Sole Comment Of the Impassiv,
Prisoner
Tho Day Of Execution to Be Set BY
Pennsylvania 0overncr-An
Appeal to Be Taken
Associated Press Special Wire.

Associated Press Special Wire.
PHILADELPHIA, Nov. 3o.-H. H
Holmes was brought into court today
looking carswo5n. and seemed to have
lost his air of conidspcs. Court opene et
with q til, between JUDGE Arnold ant
Lawyer y Rotsp.4 .noAtspl for defendant
Tho judge charged that Rotan haC aifersi
an insult to the court BY sending briefs
to Presiding Judge Thayer and Jud ge
Wilson, who sat with Judge Arnold wher
Hulmes han an argument for new trial,
and neslecting t. send MIN cory. Rotan
pleaded haste as bis excuse. ss
The main reasons for q new trial put
forth by defendants counsel were the al.
mission OF the testim ony OF Miss Yonke,
whom Holmes claimed as his lawful wife
the district sttornsy' 8 speech to the Jury,
when be brought the murder Of the chill.
dren into the case. and that part of Mrs.
Pitzsl's testimony in which she said tina,
the last time she saw her child rem was In
the M orRue at Toronto.
In reference to Miss Yoka's eliaibil.
ity As witness. the Judge said it was the
opinion of the court that Holmes was
not only married to the Willamette Ills,
woman when he married Miss Yoke,
but also had a wife in Gilman, N. ii. (;
therefore his marriage to Miss Yoke was
null and void and her evidence was ad.
fnissibie. The opening speech of the dis
trict attorney was not open to objection.
1t was the intention Of Holmes. said
Judge Arnold, to take off the entire P it.
Eel iamily,in in order to secure property hs-
longing to the murdered man. As to th o
statement of Mrs. Pitzel, the Judge had
instructed the Jury not to be influenced
by the woman's statement. He closed
by saying the court approved the verdict
and refus eu q new trial.
District Attorney Graham asked that
sentence be pronounced; Holmes was
ordered to stand up. Judge Arnold said {:
Herman W: Mudgett, have you any
thing to say?"
Holmes replied in a barely audible
voice: II have nothing to say"
Judge Arnold then pronounced the
death sentence In the usual torn.
Governor Hastings will fix the day Of
execution. An appeal to the supreme
court will be taken at once.
When the words sealing his doom were
pronounced in low, Impressive tones,
f.oimes was unmoved. During the entire
time he did not finch, but looked the
Judge squarely in the eye, an as the last
SQUAD died away hs turned to one OF his
attorneys and remarked, We'll. that set.
les IT."
He was then led from the dock
The opinion deny ing the new trial COW
ereo about forty pages of typewritten
copy. All the facts brought out in the
evi lence were carefully st forth AMI the
varied statements made by the prisoner
regarding the identity of the body and
the manner of death were critically an-
aiyzed. Every one Of the numerous tx.
overrulsd and in more than one instance
the court reprimanded the prisoner a
counsel
In dismissing the exception to the
opening speech made by District At
torney Graham, the court remarked tina,
the very subject objected to was sug-
Rested by the defense when the applica-
ton for appointment was made. at the
time the counsel gave as ono of the
reasons the statement that three murders
were charged and that they were unpre.
pared to meet them all.
In the course of his opinion Judge
Arnold referred uo tho other 10 urders that
are said to have been CON mitted by
Holmes and SAID, incidentally, that evil
dence as to them might have been ad-
mltted, as tending to show the motive.
Ine court sum ed III the case as follows:
Upon the whule case we are convinced
that the c"mmom wealth proved such
CHAIN OF circumstances that led to the
that the defendant did kill
and murder Benjamin Pitzel on Septem-
bsr ., 1894, as charged in the bill of in
dlctnent; that Ptzei was killed by
chloroform poisoning, administered by
the defendant, and whether PITT | was
asleep or under the influence of liquor
at the time the chloroform was admins
trated is not important.
''The theory ad vancsd by the defendant
and argued by hrs counsel to the jury,