New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-11-02
HOLMES HAS NO DEFENCE.
A DESPERATE STEP TAKEN.
HIS LAWYERS DECIDE 10 CALL NO WIT
NESSES

NESSES.
vHEy BASE THEIR HOPE OF ACQUITTAL on THE
ALLEGED WEAKNESS OF THE PRosEcu-
TONS cAsE-Two BLUNDERs MADE BY
THEM-THE CLOSING ARGUMENTS
TO BE MADE AND THE
CASE GIVEN TO THE
JURY TO-DAY
Philadelphia. Nov. Holmes to-day threw
himself on the mercy of the jury When the
Commonwealth closed it's case this afternoon his
lawyers announced that they considered that
the prosecution had not made out its charge of
murder. and they would their case on the
evidence offered by the Commonwealth and sub
nit no testimony in defence Of the prisoner.
This decision was made by Holmes on the ad-
vice of welknovn lawyer who was at one
time retained by the prisoner The move seemed
Ike bold one but was unquestionably done
more in the desperate hope Of influencing the
jurors and creating the impression in their minds
that being conscious Of his innocence and not
having had time to prepare proper defence,
Holmes trusted himself 10 their sense Of justice.
In reality Holmes had no defence Not a wit
ress has appeared for HIM. and his black record
would tell terribly against him even If he were
able to offer something like substantial proof
that he did not kill Petzel The Commonwealth
presented direct proof that Holmes murdered
P.etzel. The chain of circumstantial evidence
even was not strong as was expected. and eX-
cept for the admissions at various times of
Holmes himself the p.strict-Attorney would have
had most difficult tasJ In proving the charge
That the Commonwealth hes:tated TO arraign
Holmes for rnurdc- ';sr. until the discovery OF
the bodies of the tIccsl children is we'll known.
ba II trip 4 T.
torney was absolutely convinced that Holmes
killed Pietze and that the murders of the children
were the direct outcome of the first assass.na-
ZION When the bodies OF the three children
we're unearthed and Holmes admitted that he
had been alone in the house with the body OF
Petzel. Mr. Graham was satisfied of the strength
.> his case and brought the accused man TO
trial
II was expected that the would be sensa-
tonal in the extreme. but after Judge Arnold
ruled out all the evidence bearing on the muir
der of the children the most ghasty features OF
Holiness series Of crimes were eliminated. IN
stead Of furnishing any sensation. the trial IT.
self has been as dull and uninteresting to the
SPECTATORS In the courtroom as the majority OF
ordinary murder cases are. Only two incidents
out Of the ordinary have broken the moho'ohy
~ ,ha nroceedings These were the appearance
ON tho yitueSs stand Of Mrs Pietzel and the
pathetic tale Of her journey with Holmes ana
the testimony against the prisoner OF the elil ne
deceived into believing that sne was MS Iesd!
wife.
TWO RIJNDERs BY THE DEFENCE.
Only nine witnesses were called to-day. The
defence this morning decided that they would at
,e,nt 70 prove that Petzel committed suicide ana
was not murdered. Expert testimony bearing on
this theory introduced by Mr.. Graham must nave
shown TO the attorneys Tor Holmes that the de-
fence they had outlined would require greater re-
sources to maintain than they had at thelr com
rnand. They also made two oiunders io-uaS.
Mrs Petzel was recalled 10 the stand 10 iueHtn!
some articles Of clothing belonging 70 hel "u. ~
band and on cross-eXaminauon the ueIehce a'
tempted to show that she was perfectly cosllHaht
of the scheme TO sWindle the insurance coHpdii!
and that in the journey she took with Homes she
was trying To avoid arres:foT her shaIe III ~ S,
was not seeking heI children ana husoahu. MI
Graham Indignantly resented TINS iorh VI ia SAa,i -,
tnation and accused the defence OF dtlcliPtills
add to the wOman's already heavy purueh ol
grief He showed by the witnesses Statements
that although arrested for conspiracy no i!ulIt ~
1nent was ever found against her, ana that she
was DISCHARGED because there was no eNluei.De
showing that she had any direct connection WIN m
the swindle The questions OF tf attoineS n tba Ua
the defence brought tears to the eyes oI @ ene
broken woman on the stand, and her appearahce
excited the sympathy of all In court "heh sne
was removed from the and ana leu mo tHs
corrdor she was attacked by nervous fit, and
her screams rang through the room. Iii.
The second blunder was in endeaVoflng 10 eilcI.
herself 10 be the legal wife of Holmes Nheh .hI.
Graham saw the drift Il the questions ne mace
the witness tell the entire story or now hoiiies
rad deceived her in the marriage ana the iies
and deception ne practised on her Duilhe t'ia
,aci,al Holmes became confused and hung MS
head in a shanefaced manner
VERDICT PROBABLE TO-DAY
1us, before recess Mr. Graham announced that
,be nrosecutton had closed its case. During the
,eoess Holmes consulted his lawyers ana "hen
tbev came into court Mr. Rotan boldly asked
rudg. Arnold to DISCHARGE the prisoner on uhe
ground that the Commonwealth had not iiiaue
on, case against him. or charge the Jur! ao "
sccuit him This Judge Arnold ieluseu " ~ w.
tn they asked for a continuance ioI t,n tnce "
forr hours in which to prepare lhel, ,n 49,
Jrdga Arnold refused 10 grant 50 InuCIl my ~
sIG1ed half an hour They retlIed WIN a
,,rlsoner and on their return Mt. l'o'dL az a
nrnmnned that they would rest their case on M Dii
.v;Sance If the Commonwealth. lie Sa'u a ',e5
wera satisfied that the prosecution haa nVt p -. ~
The cbarge Of murder. and they were Wlil'hs ~ 9 .
to ,ha furv without calling any witnesses. - h3h
,bor arranged that the closing arg VI, d
.ss shonid begin tomorrow. and the couil "u
tourned for the day - ,ho charge Of the
,so Iii probably consume the grea'ei pa.' W pa
but the case VIII in all Hkenhoou 0e
- ~ the Jury tomorrow afternoon