The herald., 1895-11-02


..You we're 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
marriage?" ASKED Mr.. Graham.
81 had heard OF anorher.'
"To whom?"
81 don't know the name"
"Where?"
"Gimanton, N. H."
"Why did Holmes tell his family to
excuse his marriage with you when he
had a vile at Gilmanton?'
II was not with him when be visited
them"
Odd 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 IN a
wreck and lay a long time in a hasrital:
that was a patroness of the hospital
and had asked the physician 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 wo an
''When you charged him with the mat
ter what did he say?"
''He So d he had received word that she
was dead.
! WAS there any truth in the story he
told your"
"No, sir"
NneU you YOU oti'S'NN
you were becoming lawful witeY
Il did,
"Or you would not have married him?'
Il would not"
"Now, tell What deception he used to
bring atout this marriage. What did he
representa-
''He told my mother that his uncle
had died and left him certain property
in the south. the west and in Fort Worth,
providing he took his uncle's name,
Henry Mitchell Howard. lie said he had
no relatives living except an aunt IN
Africa. found that be had a father
r1other, two sisters and two brothers.
lie explained his taking the nams OF
Pratt in Fort Worth by saying his bust
ness APPLICATIONS required IT.
Counsel tor the defense made objection
40 this ad miss on of this testimony OF
anything that did not relate to the muir
der OF Pitzel. They also asked for an
exception to the irrelevant matters mem
oned by the district attorney IN his
opening argument, but Judge Arnold
said that was not a matter of record and
overrued the motion.
Miss Yoke, at the conclusion of b er testi-
mony, retired to the crer's desk ana laid
her head in her hands on the back of
chair. Then she was led from the court
room. Her presence did not move Holmes
today.
Court at o'clock took an hours recess.
Immediately upon the rsassem bling OF
court Mr. RoIau advanced to the bar of
the court and said:
MAY it please the court, the common.
wealth has closed Its case and We fe III
sure that It has not proved its case. 1t is
incumbent upon the Common wealth to
prove der beyond reasonable
doubt. Tney have not cones 81.
They have proved continued Mr..
Rotan, "tnat these men cam here to
carry out fraud, but their testimony
does not show that this man was not
killed by somebody else. 1t may have
been suicice; 1t may have been killing;
but we feel sure, under the rulings, that
there is reasonable doubt. first as to
whetuer Pitzel was killed; second, as to
whether the prisoner killed him. They
have not maze out what the law calls
corpus deficit. They have proved that
a holy was found. but not that anyb1dY
killed 1t. We must therefore pray that
you take thu case away from tne jury or
give them pinoing instructions.
"TLis is so ridiculous" interposed Mr..
Graham, "that d ecline to argue it,
This Is not the time to make a rul-
ing" Judge Arn"ld decided. II express
no opinion. The jnry must decide after
they hear the evidence. he continued.
Then" continued Mr.. Rotan. Eve must
entreat your nonor to grant us contin-
ua ice OF o. least an hour in which to de-
CHE upon line OF de ense. In conse-
quence of the lack of time to outll
our course and the vast quantity OF new
testimony introduced, we cannot proct ed
| without at asst this biie co tinuanca."
| MIR. Graham objected. saying when
| the motion for a continuance was made
| counsel had ri, AIDED that they would go
| on if 10 evidence was introduced except
that bearing on this crime, and as the
otner matters ' al been ruled out the
case ought to proceed.
Iudea Arnold toIt pnnps sci fhev nuSt
make their election before calling wit
nesses or going TO the Jury On 'rFunent
alone, bur after consulate ION ordered
recess of half an hour to permit them
TO confer with the prisoner on the ques
ton.
1t was forty-ive minutes laeer wuen
Messrs. Sine maker and R0tsn returned
TO court and held another whispered talk
with the Judge and the district attorney.
I his lasted for ten minutes and then
there was an order to bring the prisoner
back to the dock. When the case was
finally resumed 1t was 80 o'clock. Mean
while Mr.. Shoemaker SAID privately that
thoy bad decided to call no witnesses for
the uefense, but t. lest on the common
weeith's case.
Mr.. Roten made the formal announces
ment III CT urt a moment later. He said:
"On account of our INABILITY to bring a
nun be- Of important Witnesses from
other places, we have, after a conference
with our client. decided 10 present no
testimony Whatever, feeling that the
commonwealth has not proved its case
We do this, however, with the iroviso
that the court does not hasten on with
our spe eches, which we have had no time
to prepare. We ask, therefore, that the
arguments be postponed until tomorrow
morning"
Judge Arnold then asked District At
torney Graham oninion:
"The case is close1.n replied that
official, "and should prefer to open ar
gument in the mornn:. 1t won't take
long. 1t is easily a.gued."
"Well." said the Judge. "we will hear
both sides tomorrow.
CourG thea adjourned until 10 o'clock to-
morrow
THANKS TO CHANDLER