New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-11-19
HOLINESS LAWYER ARRESTED
MR.. SHOEMAKER HELD FOR sUBORNA-
TTON OF PERJURY.
ACCUSED OF BRIRING WOMAN TO SWEAR THAT
NIT suICIDE-THE MOTION FOR

NIT SUICIDE-THE MOTION FOR
NEW TRIAL ARGUED
Philadelphia Nov. 1s.-rhc argument for new
trial for the convicted murderer, H. r. Holmes,
was heard to-day in the Court Of Oyer and Termi-
ner. and this remarkable case furnished another
sensation. MI. Shoemaker. one Of the counsel for
the prisoner. produced an affidavit in court al
leging that Pietzel. the murdered man. contem-
plated suicide. To the amazement of the specta-
tors and the shocked astonishmert of the Court.
District-Attorney Graham proved the affidavit to
be false and showed that Mr.. Shoemaker had
paid $40 to the woman who swore to il for doing
So Shoemaker was SO overcome by this expos
ure that he could make no explanation, and at
the close Of the argument he held in $500
ball by the Court to answer the charge Of sub
ornation OF perjury.
Holmes was In court during the argument and
he has failed perceptlbly in looks since his trial
He has lost the prison bleach which paled his
cheeks and hectic flush has taken Its place. His
eyes were bloodshot and dark rings around them
told Of anxious days and nights His manner
was not as cool and unconcerned as II was on his
trial and he showed almost feverish interest
in the proceedings AS formerly, however, he re-
tained his self-possesscn. took notes OF the Dis
trict-Attorney's argument and prompted his law
yer In his address, The argument consumed the
entire day and the Court reserved its decision
but from the questi ms asked by the judges 1t
seems certain that new trial will be refused.
The argument was heard before Judge Arnold,
who tried the case; Judge Wilson and Judge
Thayer the presiding judge Of the court Mr..
Shoemaker presented an affidavit from witness
purporting to be named Blanche Hannigan In
the affidavit the witness swore that she Kept
cigar store In Caowhill-st. near the house where
Pietzel killed. that she knew the dead man
and that he told her that he intended to commit
suicide.
THE AFFIDAVIT PROVED FALSE.
District-Attorney Graham asked that the
witness be called to the stand. and Mr.. Shoe
maker replied that he did not know where she
was
Mr. Graham called a private detective named
Swetzler to the stand The detective testified
that Shoemaker weeks ago had written out the
affidavit and given 500 to him to pay some one
to swear to It, Then Detective Geyer testified
that Swetzle- had shown the affidavit to him
before 1t signed woman was next called
to the stand who said that she was the
blanche Hannigan' who signed the affidavit.
She swore that she knew nothing about the
statements contained In it. Her name. instead
OF being Hannigan was Rhea. and she 10 the
matron in the Fourth Police District 1t was
at the suggestion Of Detective Geyer that she
went with Swetzler to Shoemaker and imper-
sonated blanche Hannigan." Shoemaker gave
$40 to her. took her before notary public and
she sworc 10 the statement.
This astonishing testimony seeming to poin.
clearly to a perjured affidavit. evidently sur
prisec the Court. and when Shoemaker at
tempted TO make some confused statement
Judge Thayer suggested to him that his
greatest safety lay in silence.
Mr. Rotan, Holiness other lawyer. stated to
the Court that he knew nothing Of the affidavit
and then he began the argument for a new
trial. The principal allegations for asking for
trial were that the Dlstrict-Attorney in
fluenced the jury In introducing evidence show
ing that the child .en were killed by Holmes
that the defence was not ready to proceed and
that the Court erred on a number OF points
During the trial Mr.. Graham frequently
restrained by points OF law In referring to the
prisoner but in his review Of the evidence to-
day he was hampered by no such conditions
and he fairly withered Holmes with his scOrch-
ing arragnment Of his various crimes. The
weak point in Mr.. Graham's was to
how PietZel actually killed. His Inference
was that PetZel was choroformed to death
by Holmes. but he never brought this out
clearly. Judge Wilson seemed struck by this
and asked Mr.. Graham how Petzel was killed
Mr.. Graham said that 1t was the contention Of
the Commonwealth that Holmes chlOrOformed
him to death. but he did not make it clear how
the prosecution believed the dead man was
murdered.
Mr.. Rotan seized on this point. ana addressing
the Court in his closing argument. dwelt on the
improba bility of man Of Holiness physique
overcoming Pietzel and killing him with choro-
form. He alsc cOntended that though the Com
monwealth had produced evidence to show that
Petzei bought pint Of whiskey the night before
he died there was no evidence to show that he
was drunk the day he died thereby enabling
Holmes to administer chloroform 10 him In
closing his argument Mr.. Rotan asked the Court
to TAX" particular note Of the medical evidence
offered at the trial, which, no contended was in
complete and inconclusive. Judge Thayer replied
that the Court would consider this phase Of the
case especially as requested
SHOEMAKER hELD IN $3.50 BAIL.
Then Judga Thayer. addressing Mr. Shoemaker
told him that he had a most unpleasant duty 10
perform. He said that in view of the use Mr.
Shoemaker made Of the affidavit he presented in
court this morning the Court ha1 no alternative
but hold him in 81. 500 ball for subornation of
perjury Mr.. Shoemaker stood pallid and nerve
less while Judga Thayer speaking. and when
he had finished he made inarticulate effort to
say something. but his voice choked and he sat
down silently The Court reserved its decision
on granting q trial
Shoemaker procured bail. but refused 10 make
any statement in regard to tn, affidavit He
would only say that IT A most cruel and un-
expected development to him. and that his whole
prof.. 7ional career was at stake Mr.. Rotan
Mr.. Ioenaker's colleague was greatly worried
over the affair he fe red Il would reflect on
him. hut as It was clearly shown that he had no
hand IN procuring the affidavit the Judges exon
Grated him from blame Mr. Rotan expressed
the opinion that ShOem iker would he able 70
show his Innocence of any Sui'S intent and that
he fell into trap set for him
ACCrSED OF CHEA7TNG THE GOrERNMEyT