The Red Cloud chief., 1895-11-08
HOLMES CASE ENDED.
THE DEFENSE NO TESTi-
MONY TO OFFER.
Uoimes Asks for btsmlssn,- The Motion
Over-ru,sd aud the Case to Go to tho
Jury on Argument Aionc--Mlss Yoke
TestlAes.

Testl0es.
PHILADELPHIA, Nov. when TO-
days. session Of thu Holmes trial was
begun everybody was lool ing forward
20 the prospect of Holmes going on
the stand rs he announced the other
day.
The ommon wealth offered ia evil
dence the letters, papers, pictures and
the Holmes book and rested Its case.
Tho defense opened by recalling
Miss Yoke for rc-cross.cxamipation on
the question OF her marriage with
Holmes, which was not brought out IN
her examination yesterday. She tcs-
tiRcd that she wa married to tho
prisoner January IL, 1894, ut Denver,
ny the Rev. Mr. Wilcox.
"At the time OF this marriage did
Tou know of the existence OF this
Willamette woman?' was asked by
Mr.. liotan.
II believe did"
.'Was she called Mrs Holiness
az don't remember"
"You were sure when you married
him that he was not married to the
Willamette woman"
IL knew nothing of the woman"
"Did you know anything of any
other maria asked Mr.. Graham.
The witness replied that she had
heard of another at Gilmanton, n. H.,
hut did not know the name.
''Did his sister tell you what he
said to her about it?"
She did. Ills sister told me sthat
he had told her he had been injured
In n wreck and lay q long time in n
hospital; that | was a patronass OF tho
hospital and had asked the physicians
TO perform an operation on him which
saved his mind and hat ! had married
him before he realized who he was.
i never met the Gilmauton oman.
when You married him you bo-
1icved you were becoming u lawful
wife?'
II did"
."Now tell what deception he used
TO bring about this marriage. What
did he represent!"
'Hc told my mother that his uncle
had died and left him certain proper
ties in the South, the West and
in Fort Worth, providing he
took his uncle's name. Henry
Mancill Howard. lie said he had nc
relatives living except an aunt in
Africa. / found hat he had n father,
mother. two sisters and two brothers
lie explained his taking the name OF
Pratt in Fort Worth by saying his
business complications required 1t.
Counsel for the defense made ob.
jcctions to the admission of this testi.
mony or anything that did not relate
10 the murder OF Pietzel. They also
asked for an exception to the irrcle'
want matters mentioned by. the dis
trict attorney in his opening argu
mcnt but Judge Arnold said said that
was not u matter Of record and over
ruled the motion.
Court Mt l o'clock took an hours re
cess and Lawyer Rotan said that h,
expected to close his side OF the cas-,
In about two hours, and that Their,
was every probability Of the cas-,
going to the jury tonight.
Immediately upon the reasscmblins
Of court, Mr.. Rotan advanced to tn,
bar and said: MAY IL please tn,
court, the common wealth has close,
its case, and we feel sure hat il In
proved its case. IL is incumbent upoI
the common wealth to prove murde
beyond u reasonable doubt. 1t Ia
not done so. 1t has proved that thes,
men zane here to carry out u fraud
but their testimony does not shoy
hat this man was not killed b,
somebody else. II may have, bee
suicide, II may have been a killing, but
we feel sure, under the rulings, tina
there Is n reasonable doubt. flrs,
as TO whether Pietzcl was killed: Sc,
Ond, rs to whether the prisoner killc
him. They have not made nj wha
the law calls n corpus deficit. The
have proved that u body was fount
but not that any body killed 1t. w
must therefore pray that you take tn
case away from the jury or give
binding instructions"
''This Is so ridiculous" interposc
Mr.. Graham, that decline to argu
st."
This Is not the time to make n ru
ing" Judge Arnold decided. Il G,
press no opinion. The jury mast d
eide after they hear the evidence"
Judge Arnold told counsel the
must make their election betwee
calling witnesses or going to the jui
on argument alone, but after u co
ouitation, he ordered u recess OF ha
tn hour to permit them to confer Wi
Ghe prisoner on the question.
After u consultation lasting fort
Eve minutes, Mr.. Rotan announce
that the defense would call no W
nesses. 1t was then agreed to beg
arguments ON the case to- moro
morning.