The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1895-11-01
A CHANCE FOR LIFE.
Is Perhaps Holmes by the..Court's
Ruling.
1T EXCLUDES THE EVIDENCE OF
THE CHILDREN'S DEATH.

A Substantial Victory for the Defense
Holmes Shows His Intense Relief-The
Dramatic cScenes-Abhorring Details OF
Holiness Stories to officers.
Philadelphia, October 31.-The fourth
day of the Holmes murder trial opened
thls morning with the prisoner looking
as fresh and bright as when he was first
arraigned.
After court opened there was long
wait for the district attorney. Holmes
passed the interval by consulting with
his counsel and chatting and laughing
with the court officers.s
Sidney L. Samuels, Fort Wort
lawyer was the first witness today. He
was shown the note for S16 900 signed by
Pietzel under the name of Benton L.
Lyman and to take up which Holmes got
the $1,000 from Mrs. Pietzel. Witness
identified the handwriting in the body OF
the note as his own. The witness ldenti-
fed Holmes as the individual in the case
whom he knew under the name of Pratt.
Mr.. Samuels's testimony showed that
Holmes or Pietzel never obtained any
money on the note but used it to extort
the $4,000 from Mrs Pietzel.
William E. Geary, the agent of the
Fidelity Insurance company, who testi-
fled yesterday was recalled to the stand.
He testified to the fact of seeing and
talking to woman in Willamette, who
was known as Holiness wife, and so
acknowledged to be by him.
A letter from Holmes to the woman in
Willamette, in which he speaks OF their
marriage, was read to the jury.
The defence entered general objection
to any and all testimony bearing upon
the question of Holiness S marriages.
just after this, Holmes for the first
time since the trial, gave way and SO
acute was his emotion that he wept.
A fair blonde haired girl was led towards
the witness stand when Holmes saw her
he started and his pallid face flushed and
then grew CHASTITY pale. He beckoned
eagerly to his attorneys and with tears
running down his cheeks talked with
great earnestness to them.
The witness gave her name as
Georgiana Yoke. Then the reason for
Holmes eagerness was apparent. 1t was
the girl whom he married under the
name Of III. I'll. Howard. Holmes urged
his lawyers to use every means in their
power to prevent the witness from testify
ing but their efforts were useless as the
court overrulled all the 5eptions and
ordered the examination to go on The
witness kept her eyes cast down, and like
Mrs. Pietzel, q court officer repeated her
low answers to the jIry.
Never once did she glance at Holmes.
He on the contrars. looked longingly
toward her and occa. .-onally he wiped a
tear away.
Miss Yohe testified that she knew the
prisoner under the names of Holmes and
Howard.
Witness told of Holiness life with her
in detail.
Mr.. Rotan then stated to the court that
his client insisted upon eross-examinlng 6
the witness himself
Judge Arnold gave his permission and
Holmes arose quickly to his feet. His
voice was steady and strong as he began
to question the witness. His questions
were directed towards showing that it
was no sudden determination which led
him to leave the house at 1905 North
street on that Sunday afternoon, but that
the matter was fixed and decided on be-
forehand. Holiness manner was
courteous and ntle as he led Miss Yoke
on from questi~ i to question.
Mrs. Pietzel, Bessie Pietzel, DR.. Henry
l.. Sidebotham, the coroner's physician
and Dr. Mattern identified the clothing
taken from the body of PietZel.
Bessie Pietzel, was recalled and identi-
fed the pictures of her dead sisters and
brother.
Mr.. Rolan protested on the ground it
had no bearing on the case, but IL was
only for effect upon the jury.
Detective Frank E. GayeI, identified
letters taken from two tin boxes in the
possession of the prisoner.
The letters were those Identified by
Mrs. Pietzel as written by her, which
Holmes suppressed Mr.. Graham pro-
posed to read the letters to the jury, and
to this the defense made stubborn
resistance Judge Arnold could not see
that the letters were irrelevent as they
would be corro lucrative of Mrs. Pietzel' S
testimony.
The court refused to allow Mr.. Graham
to read them at this time though, and
said he would render decision later.
The refusal of Judge Arnold to allow
the Introduction of the letters seemed to
upset the Commonwealth plan. and Mr..
Graham, Mr.. Barlow and detective Geyer
held an earnest consultation. The re-
suit of the conference was placing of
Geyer on the witness stand. Geyer said he
had interviewed with Holmes in this this
city after the latter was brought from
Boston. Geyer said to Holmes he under
stood the body was found at 1916 Callow-
hill street was substituted body, and
Holmes told him that Sunday, Septem-
Der 2, he went to New York, got q body
from q medical student he knew and
brought it to this city in trunk, and
the same afternoon met Pietzel.at the
Western Union Office and gave him