The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-10-30


timony of one witness all the others should
not be excluded from the court room. Judge
Arnold answered that this would be done
for q moment and then began the big work
of the trial-the taking OF testimony.
jeanette Pietzei ODESSA" she is called,
the daughter Of the dead man, was the first
witness called. She is !. slender, pale girl,
of about seventeen. and neatly attired in
dark gray. She was called merely to iden-
tify several large crayons of her father.
''Cross-examine? said the district attor-
ney
Il have no questions now replied
Holmes, but when told that now or never
was the time to question the witness. at
least on the picture question. he asked:
Are these good pictures of your father
as YOU last saw him, or two years be-
fore?''
LAS / last saw him"
THAT is all, said Holmes.
John Townsend, photographer employed
in the detective service: and William H.
Rau. private photographer, then identified
photographs of Holmes taken by them after
his arrest.
EUGENE SMITHS TESTIMONY.
Eugene Smith. who found Pietzers body
in the Callowhill-street house on Sept 4,
1894, then told detailed story of his dis
covery, which has been already fully pub
lished. He had become acquainted with the
dead man on Aug. 2. 1894. through business
concerning patents which Pietzel was sup
posed to have held. He saw him several
times during the following week. The wit
ness drew a packet of papers from his
pocket when he came to the dates, but
Holmes objected to his referring to them
unless they were in his own handwriting.
Smith admitted that the papers had been
prepared" and the court sustained the OBJ
lection. Smith said that during his first
visit to Pietzel whom he knew by the name
of Perry, Holmes came in and, after CIV
ing a nod or sign to Pietzel went up stairs
and Pietzel soon followed him. He returned
soon afterward, but Holmes remained up
corpse of Pietzel was exhumed from the
potter's field, and was there first introduced
to Holmes. Lawyer Howe, of st. Louis,
Alice Pietzel, the young daughter, and the
Insurance officers were there The body was
recognized by the witness as Pietzel's.
Holmes offered $50 to have the corpse ere
mated, and asked Howe about 1t. The law
have to be co Consulted % e HoImes toia the in
surance people OF the marks of identified
tion, and after the body had been dug
up he pulled cut a lance and cut a wart
and other marks from the corpse AT this
time witness had recognized Holmes as the
man he had seen 20 up stairs In the Cal
lowhill-street house.
number of immaterial questions, but showed
much legal skill in their construction. He
presented strange picture standing in the
| dock, with his pencil leveled at the witness,
trying TO confuse him. He asked that the
plan of the house be produced here, and
witness Smith temporarily made way for
bureau aus of surveys. who had drawn the plan
and was called to identify 1t.
Smith then continued bis testimony, and
Holmes sought to prove that he could not
from the place where he sat, have seen him
go up stairs on the day alluded to. but the
witness adhered to his original statement.
tod Crx,ffh 1ox,v md
searching cross-examination. dwelling on
every point of the testimony adduced by the
Commonwealth but the witness was un-
shaken, Eventually becoming exasperated
sequence of an immateriai word from Mr..
Graham. Holmes exclaimed:
which se fe rns and ihs with
ness are trying 70 draw the inference that
rushed into this potter's field and mutiiat-
ed the dead body OF my friend.
"You are drawing The inference yourself"
said Mr.. Graham.
DIR. SCOTT CALLED.
DR.. William j. Scott was called. and at
this juncture Holmes renewed his plea to
have all witnesses except the one on the
stand excluded from the room. Mr.. Graham
objected 10 this, and I5lmes. without
change of expression, but with infinite sar-
casm, said:
II would like to Anow whether you, Mr..
Graham, or the honorable court is to make
the rulings In this case. / have been anx~
ious TO know this since the trial began
Judge Arnold upheld the district attorney
and Holmes asked for and was granted an
missed by asking that the witnesses connect
ed with the murder Of Benjamin +. PietZel
be excluded This was. granted him. and
witnesses they left the room. Not having
a full list of the witnesses, however, he
was suspicious that all had not left. and, in
spite of the district attorneys protesta-
tions he pressed the matter earnestly, ad-
dressing himself principally to the court
and ignoring Mr.. Graham
II wish / could get the prisoner to under
stand" finally remarked Mr.. Graham, that
somebody in this case is acting honestly
The examination of DR.. Scott was about
arose and said to the. court; I'm view of
the circumstances OF this case and the evil
dent desire to create sympathy for the pris-
because he is without counsel. to ask all
the witnesses connected with any part of
the case to retire. Were he represented by
counsel ] would fight such proceeding at
every STEP"
Holmes asked If his wife was to be a wit
ness.
Again / must ask" said district at
torney, which wife you mean?'
You know" responded Holmes, with a
designate as Miss Yoke. thereby casting a
slur on her and myself. That woman Is
my Wife
'sYou cast slur on her." Mr. Graham re-
torted when you married her with two
wives living. ! call her by the name she
gives, which is Miss Yoke.
THAT is for her TO say" said Holmes
'Well. she is not in the court room." con-
cluded the prosecutor. and / decline TO say
whether or not she will be witness
DIR. Scott was then permitted to tell his
story, which concerned hts having been
called In 20 examine Pietzers body after its
discovery He explained the situation OF
the room and the arrangement of the win
dows so that the suns rays should fall on
the corpse and hasten decomposition to-
gether with the position Of the burns on the
nine. He verified the district attorneys
assertion of yesterday that the pipe could
not have fallen from the lbs Of Pietzel to
the place where IL was found, and that the
lar could not have been broken by an ex-
plosion. because the pieces of glass were
not scattered about the room but We're in
side the lar. The Doctor dwelt on the DIS
coTery OF chloroform in the stomach and
said large quantities OF the drug had been
iised and from the contested condition OF