The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1895-11-03
fHE DEFENSE HAS NO TESTIMONY
4 10 OFFER,
HE ASKS FOR DISMISSAL
The Motion Overruled and the Case to
go to the Jury on Argument Alone
Miss Yoke Testides as to How
she Came 10 Marry Holmes
Was Baseiy Deceived
nv HIN.

PBuApELrHIA,N Nov. .2.-When yester-
days session Of thu Holmes trial was
begun every body was lool ing forward
to the prospect OF Holmes going on
the stand as he announced the other
day.
The commonwealth offered in evil
dence the letters, papers, pictures and
the Holmes book and rested its case.
The defense opened by recalling
Miss Yoke for re-eross- examination on
the question OF her marriage with
Holmes, which was not brought out IN
her examination yesterday, She tes-
tilted that she was married TO the
prisoner January IL, 1894, at Denver,
by the Rev Mr.. WileoN
AT the time OF this marriage did
you know of the existence OF this
Willamette woman" was asked by
Mr.. Rotan.
II believe / did
WAS she called Mrs Holmes?
81 don't remember"
You were sure when you married
him that he was not married to the
Willamette woman?"
II knew nothing of the woman
"Did you know anything OF any
other marriage2' asked Mr.. Graham.
The witness replied that she had
heard of another at Gilmanton. y. II. q,
but did not know the name.
Did his sister tell you what he
said to her about it,"
She did His sister told me .that
he had told her he had been injured
n wreck and lay "A long time in a
hospitals that | was a patronass of the
hospital and had asked the physicians
TO perform an operation on him which
saved his mind and that had married
him before he realized who he was.
l never met the Gilmanton Woman"
When you married him you be-
lievcd you were becoming a lawful
wife?"
II did"
Now tell what deception he used
to bring about this marriage. What
did he represent
He 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 that he had - father
mother. two sisters and two brothers
lie explained his taking the name oi
Pratt in Fort Worth by saying hi.
business complications required it,.
Counsel for the defense made OBJ
| iections to the admission of this testi
nony or anything that did not relate
to the murder of Pietzel They alsC
asked for an exception TO the irrele
want matters mentioned by the dis
trict attorney in his opening argu
ment but Judge Arnold said said thai
was not matter of record and over
ruled the motion.
Court at | o'clock took an hours re
cess and Lawyer Rotan said that h'
| expected to close his side of the cas-,
I in about two hours, and that ther,
was every probability of the cas-,
going 70 the jury tonight.
Immediately npon the reassemblinl
| of court, Mr. Rotan advanced TO tn,
bar and said MAY it please tn,
court, the commonwealth has CLOSED
its case. and we feel sure that Il hai
! proved its case. II Is incumbent upoT
the commonwealth to prove murde
beyond reasonab BILE doubt. II hai
not done SO. 1t has proved that thes,
/
but their testimony does not SHOW
that this man was not killed b,
somebody else. 1t may have beel
suicide, it may have been killing, but
we feel sure, under the rulings, tina
there is reasonable doubt. first
as TO whether Pietzel was killed; sec
ond. as To whether the prisoner killc'
him. They have not made out wha
the law calls n corpus delicti. Thel
have proved that body was found
but not that anybody killed IT, W
must therefore pray that You take th,
case away from the jury or give /
binding instructions.
This Is so ridiculous. intcrpose,
Mr. Graham, "that | decline To argu,
it,"
This is not the time to make a rul
ing Judge Arnold decided. Il eN
press no opinion. The jury must de
eide after they hear the evidence.
Judge Arnold told counsel the
must make their election betweei
calling witnesses or going 10 the jur,
on argument alone, hut after con
sultation. he ordered n recess of hal
an hour to permit them 10 confer wit
the prisoner on the question.
After a consultation lasting forty
five minutes, Mr.. Rotan announce
that the defense would call no wit
nesses. II was then agreed To begi
| arguments on the case this morning