The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1895-11-02
TME LARGEST GRgWlAT0WN OF AMY NURTG GA@Tl0NA DAILY

the woman who calls herself Miss Yoke,
"were you ever married to the pris-
oner 2"
''I was.
'FWhen and where"
ION January II, 1894, at Denver, by
Rev. Mr.. Wilcox"
Miss Yoke, In answer to further ques-
tioning, said she had vague knowledge
of Holmes Willamette wife, and had
| heard of another at Gilmanton, N. ii.
| Holmes had told her various stories
about the women, including the state
ment that the Gilmanton wife was dead.
All of this was untrue. When she mar
ried him she believed she was becoming
lawful wife.
Now tell what deception he used to
consummate this marriage. What did he
represent2'
"He told my mother that his uncle
had died and left him certain properties
in the South, the West, and in Fort
Worth, providing he took his uncles
name-Henry Mancill Howard. He said
he had no relatives living except an aunt
in Africa. | found that he had father,
mother, two sisters and two brothers.
Counsel for defense made objection to
The admission of this testimony or any
thing tnat did not relate to the murder
of PIetzel. They also asked for an ex-
ception to the irrelevant matters men
| toned by the District Attorney IN his
opening argument, but Judge Arnold
| said that was not matter of record, and
| overruled the motion.
3At the end of an hours recess, Mr.. Ro-
| tan advanced to the bar of the court and
said:
"May it please the court, the common
wealth has closed it's case and we feel
sure that it has not proved its case. 1t
| is incumbent upon the commonwealth to
prove murder beyond reasonable doubt
| They have not done so"
| Mr.. Graham smiled broadly.
"They have proved, continued Mr.
Rotan, "that these men came here to
carry out a fraud, but their testimony
does not show that this man was killed
by somebody else. 1t may have been
| suicide; it may have been a killing, but
we feel sure, under the rulings, that
there is a reasonable doubt, first, as to
whether Pietzel was killed; second, as
to whether the prisoner killed him.
They have not made out what the law
calls a corpus delecti. I"
"They have proved that body was
found, but not that anybody killed it.
| We must therefore pray that you take
| the case away from the jury or give them
| binding instructions.
oThls is so ridiculous, y interposed Mr..
Graham, ''that | decline to argue it.
ssThis is not the time to make q rul-
ing,n Judge Arnold decided. II express
no opinion The jury must decide after
they hear the evidence"
"Then," continued Mr.. Rotan, 1--WE
must entreat your honor to grant us
continuance of at least an hour in which
to decide upon line of defense. In
| consequence of the lack of time TO out
line our course and the vast quantity of
new testimony introduced, we cannot
proceed without at least this brief con-
| tinuance.
Mr.. Graham objected, saying when the
| first motion for continuance was made,
counsel had pleaded that they would go
| on If no evidence was introduced except
that bearing on this crime and as the
| other matters had been ruled out, the
case ought to proceed.
Judge Arnold told counsel they must
make their sci ction between calling
witnesses or going to the jury on argu-
ment alone, but after a side-bar CON
sultat on he ordered a recess of half an
hour to permit them to confer with the
prisoner on the question.
At the expiration of 45 minutes, Mr..
Rotan returned to court and said;
"0n account of our inability to bring
a number Of important witnesses from
| other places, we have, after CON
ference with our client, decided to pre-
sent no te timony whatever, feel ng
that the commo wealth has not proved
| its case. We do this, however, with the
prov so that the court does not hasten
us on with our speeches which we have
had no time TO prepare. We ask there
| fore that the arguments be postponed
until tomorrow morning"
Judge Arnold asked District Attorney
Grahams opinion.
''The case has closed, ;" replied that of
fetal, ''and should prefer to open ar
gument in the morning. It won't take
| long. 1t is easily argued"
"Well," said the Judge, ''we will hear
both sides to morrow"
Court then adjourned until 10 o'clock
/ tomorrow morning.
A