The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-11-01
He LOST HIS NERVE
Holmes at One Time During the Trial
Sobbed Like . Child.
THE MOOSE IS TIGHTENING
Miss Yorke Gave the Prisoner the
Marble Heart-The Case VIII
Be Submitted on Argu-
ment Alone.

Philadelphaa. Dot. sl.-For about 30
minutes to-day the nerve which all
men have marveled at forsook Holmes.
and he sank his head into his hands
and sobbed like q child. Meanwhile
the woman he persists In calling his
wife and upon whom he had pinned bis
highest hopes. sat a few yards away
relating a story that slowly but surely
frightened the moose around his neck.
Throughout her testimony Miss Yorke.
for such she calls herself, never cnce
bestowed q passing glance upon the
man she once lived with.
The case progressed SO swiftly to-day
that but few witnesses remain to be
heard before the closing OF the COM
monwealth's case. Then the defense
will open. and. despite Holmes state
ment that he would himself testify END
also call Miss Yorke. his counsel pr-
vately stated tonight that the defense
would offer no defense. but submit the
case on argument alone. The attorney
expressed confidence In his acquittal.
Their first victory was gained tonight.
The defense strenuously objected to the
Introduction of any further evidence
touching the alleged murder OF the
children. The jurymen were tempora-
rdly taken to their rooms. Elaborate
arguments followed. and, In the end.
Judge Arnold sustained the contention.
When the privileged persons had
been admitted to-day to the count there
appeared almost as many women as
men present. Holmes. ais calm and I'm
moved as ever. was placed in the dock
at 10 o'clock and had a long earnest
colloquy with his counsel. Holmes
was apparently making suggestions.
He appeared brighter and more cheer
full than at any time since the trial be-
gan, and after counsel resumed their
seats lne chatted and laughed with the
count officers.
The first witness was Sidney L. Sam
uels, a member of the bar OF Fort
Worth. Texas. He invariably referred
to Holmes as the Individual" Holmes
smiled broadly whenever the term was
| used. District Attorney Graham pro-
duced note identified by Mrs. Pitzel
yesterday as the one Holmes pretended
| to pay at a st. Louis bank for which
he took $1,000 from her. Samuels said
the body OF the note was In his hand
writing. In the latter part Of April.
or early In May. 1894, there was In Fort
Worth a man known as H. NJ. Pratt
overseeing the erection OF q three-story
structure. as agent for Benton T. Ly-
man. the supposed owner. Pratt saw
the witness and tried to negotiate q
loan of $4,000 by giving a mortgage on
his property there. The note was
drawn up and signed Benton T. Ly-
man. Subsequently Pratt claimed to
drawn up a second note. The note was
never endorsed. nor the loan made.
Graham sought to prove the note was
never a legal document. Inspector
Gerry Of the insurance company was
recalled. Graham saying he proposed to
prove by him that Holmes was much
married and Miss Yorke was not his
lawful wife and is therefore incompet-
ent to testify.
Gerry said he saw at the prisoners
house in Willamette. ILL.,, a woman
representing herself as Mrs. II. r..
Holmes. He identified a photograph Of
her. She was not Miss Yorke. Last
December witness told Holmes In pris-
on OF his visit to Willamette. Holmes
said he wanted to write a letter to his
wife and did so. asking the witness to
mail 1t. Holmes told witness he depos-
tied $1,000 Of the insurance company
rr,tth Mr. -
his real estate agent, 80 Mrs. Holmes
could draw upon 1t. The defense enter
ed a formal objection to all the evil
dence OF Gerry concerning Miss Yorke,
but 1t was overruled.
Miss Yorke. In her testimony. said
she was In st. Louis In 1894 and knew
the prisoner under the names OF
Holmes and Howard: that when he
was In Jail there she engaged for him
an attorney named T. B. Harvey. She
said she came to Philadelphia in Au-
gust. 1894. The prisoner met her and
they went to boarding house kept by
DR.. Alcorn and remained there four
weeks. She was In her room on Sept.
/, Holmes also being at home. Some
one called during the evening to see
him and he went down stairs. When
he came up he said 1t was q messenger
from the Pennsylvania railway. After
wards he said the caller was b. F.
Pitzel. This was the day before ne
left Philadelphia. She said: Holmes
went out at half past 10 O'Clock in the
morning. He had before mentioned
going away and said he would go home
to Indianapolis. We were known here
by the name Of Howard. We left on
the 10:15 train. The prisoner remained
with me In Indianapolis for a day or
two. Then he went away. saying he
was going to St. Louis. Then he went
with me TO my mothers home In
Franklin. Ind. From there we returned
to indianapolis. and few days after
ward he went TO Philadelphia. After
we came bnck from Philadelphia to In
| danapolis he went twice 10 81. Louis.
and on one Of these occasions he said
, he was going TO meet a man from Fort
| Worth who was to buy the block IN
| that city.
When he returned from this trip
he said he had sold the block for $685.