Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-11-19
A HOPELESS CASE.
Little Prospect of a New Trial
for Murderer Holmes.
Dramatic Scene in Court When Judge
Holds Counsel Shoemaker
In $500 Bail for Securing and Using q
False Affidavit.

-NoN' lc-lu lilS tiIsu-
ment for new trial for Holmes, Mr.
'raham reviewed the contentious set up
by the defence, and step by step demol-
lshed them, and in a manner absolutely
conclusive shed flood of convincing light
upon Holmes guilt.
MI Shoemaker one of Holmes coun-
Sci, presented an affidavit, in the morn
ing, from witness purportiDg to be one
Blanche Hannigan. In the affidavit the
witness swore that che kept a cigar store
on Callowhill street, near the house where
Pietzel was killed, that she knew the dead
man, and he told her that he intended to
commit suicide
District Attorney Graham asked tina,
the witness be called to the stand but Mr..
Shoemaker replied that he did not know
where she was
MIR. Graham called private detective
named Swetzler to the stand. The detec-
tive testified that Shoemaker, weeks ago,
had written out the affidavit and given
him $50 to pay some one to swear to it.
Detective Geyer was called, and be testi-
fled that Swetzler had shown him the
affidavit before it was signed
woman was called to the stand, who
said she was Blanche Hannigan, who
signed the affidavit. She swore that she
knew nothing about the statements in
the affidavit Her name is Rhea, and
she is a matron in the fourth police dis
trict.
1t was at the suggestion of Detective
Geyer that she went with Swctzler to
Shoemaker and impersonated blanche
Hannigan.'' Shoemaker gave her SEQ
and took her before notary public and
she swore to the statement
When Shoemaker attempted to make
some confused statement, Judge Thayer
suggested that his greatest safety lay in
silence.
During the trial Mr.. Graham was fire.
quently restrained by points of law in
referring to the prisoner in his review Of
the evidence, but, today, he was restrained
by no such conditions, and he fairly
withered Holmes with his scorching ar
raignment of his various crimes. The
weak point in Graham 5 case during the
trial was how Pieztel was actually killed
His inference was that Pietzel was
chloroformed to death by Holmes, but he
never clearly brought this out.
Judge Wilson seemed struck by this and
asked Graham how Pietzel was killed
Mr.. Graham said that 1t was the conten-
ton of the commonwealth that Holmes
cbloroformed him to death, but the dis
trict attorney did not make it clear how
they believed the dead man was murdered
Mr.. Rotan seized on this point, and, ad-
dressing the court in his closing argu-
ment, dwelt upon the improbabiity of
man of Holmes physique overcoming
Pietzel and killing him with chloroform.
He contended that though the common
wealth produced evidence to show that
Pietzel bought a pint of whisky, the
night before he died, there was no evil
day he died or that Holmes administered
the chloroform to him while he was In
that condition.
In concluding his argument Mr.. Rotan
counsel for Holmes, asked the court to
take particular note in its decision, of the
medical evidence offered at the trial
which was incomplete and inoonclusive
Judge Thayer replied that the court
would consider the phase of the case es-
pecally as requested by Rotan. Judge
Thayer, addressing Mr.. Shoemaker, told |
him that he had NEST unpleasant duty
to perform. He said that in view
of the use Mr. Shoemaker made |
OF the the aihdav1t that he presented |
in court, this morning, the court had no |
alternative but hold him in $500 bail for |
subordination of perjury.
Shoemaker stood pallid and nervelcss |
while Judge Thayer was speaking and |
when his honor finished he made an mar
ticulate effort to say something, but his |
voice choked and he silently sat down. The |
court reserved Its decisions upon granting |
Holmes new trial. but that the new |
trial will be refused is undoubted
Shoemaker procured bail, but refused TO |
make any statement in regard to the |
affidavit He would only say that it |
was most cruel and unexpected |
development and that he under |
stood that his whole professional career |
was at stake.
Mr.. Rotan, Mr.. Shoemaker's col |
league, is greatly worried over the |
affair as be feared 1t would reflect |
upon him, but rs it was clearly shown in |
court, this morning, he had no hand in |
procuring the affidavit, the judges exon
Grated him from blame. Mr. Rotan ex-
pressed the opinion that Mr. Shoemaker
would be able to show bis innocence of |
any guilty intent and that he fell into |
trap set for him.