New-York tribune., 1895-11-01
HOLMES SCORES A POINT.
HIS FIRST CLEAN OF HOPE.
EVIDENCE OF THE KILLING OF THE PET
EEL CHILDREN RULED OUT.

EEL CHILDREN RULED OUT.
THE JUDGES DECISION coNFUsEs THE PRosEcu
TIoN AND DELAYS THE TRIAL-RoI.MEs
wEEPs WHEN CONFRONTED WITH MISS
YOKE. HIS ALLEGED wIFE-HER
STORY AND THAT or DETEc-
TIVE GEyER-THE END BE-
LLEvED TO BE NEAR.
Philadelphia, Oct 3l-The first geam Of hope
which has come TO Holmes since he Was ar
raigned for the murder OF Benjamin F. Pietzel
to-day broke through the rift Of the dark cloud
Of damaging evidence in which he has been en-
veloped HIS attorneys this afternoon succeeded
in keeping from the jury all evidence bearing de
rectly on the murder OF the P.etzei children.
The decision OF the Court ruling this evidence out
left the prosecution in confusion, and In conse
cuence the District-Attorney asked for time IN
which to rearrange his case. The Court granted
the request the usual night session was not
held and the case went over until tomorrow
morning Distrct-Astorney Graham, however.
Is convinced that the evidence he has already
presented TO the jury VIII convict Holmes. Al-
though the direct evidence possessed by the Com
monwealth that Holmes killed Pietzel IL circum-
stantial. strong is this chaiS Of presumptivs
testimony that to any one who ,as followed II
there can hardly remain doubt that on that
Sunday in September year ago Holmes killed
Pietze In the house at No. 1915 Callowhh-st
Notwithstanding the decision OF Judge Arnold
to-day much indirect evidence has been produced
showing that Holmes unquestionably made away
with the Petze children ard this I'm all prob
ability, will have weight with the jury.
THE FEATURES OF THE DAY.
The decision OF Judge Arnold, the confronting
OF Holmes by the woman whom he deceived
into believing she his legal wife and the
breaking down Of the prisoner which followed
were the leading features Of the proceedings to-
day After several witnesses had testified this
morning the name OF Miss Yoke was called.
Holmes had expected that the woman whom he
had lured into marriage with the belief that he
was single would be called to give test-
mony against him. but the prospect OF her ap-
pearance in the witness-boX completely un-
nerved him. He called eagerly to his counsel
and urged them with earnestness to object to
the witness In the mean time. however, MISS
Yoke had taken her place on the witness-stand.
From mis- behavior as she did SO. IL would seem
as If Holmes really loved this woman. AS she
came forward his pallid face flushed to the
brows and then the blood retreated leaving
him ghastly white. He looked appealingly at
her but she carefully avoided glancing In his
direction. When the girl so evidently avoided
even 80 much as looking at him. Holmes bowed
his head and struggled with sob which shook
his frame. while he wiped the tears from his
face He appealed pteously to his lawyers 10
have the witness taken from the stand. They
| combated as we'll as they could the ev'dehcs
of the District-Attorney that Miss Yoke was
| not his legal wife, and was therefore. compe-
tent under the statutes Of this State to testify
| against the prisoner The testimony that there
| was at least one and probably were two other
women with whom Holmes had gone through
| a legal marriage ceremony was conVihcins'
| and Judge Arnold allowed Miss Yoke 10 tes-
| tify.
| MISS yOKEs EVIDENCE DISAPPOINTING.
Before she began her testimony Holmes
| counsel said that the prisoner would cross-ex'
anime the witness himself Miss Yoke was one
| NJ the star witnesses for the Commonwealth
! but. beyond proving that Pietzel called on Holmes
the night before the day he was killed. and thas
Holmes told her that he had an engagement
with Pietzel on the next day. and was aosen'
| from the house from l0:30 in the morning untu
| 4.30 in the afternoon on Sunday. her evidence
was not so damaging to the prisoner as those in
tire courtroom expected. She seemed 10 nave NO
knowledge Of any Of the occurrences bearing di'
rectly on the murder OF P:etzel or the children
| Throughout the time in which these things oc'
CURED sh. was constantly with Holmes. But he
| easily deceived her to the reason Tor tneii
! hurried movements from city TO city by specious
! lies. .. ,,, -o.or
! While Miss Yoke was testifying, Holmes recov-
ered his composure and when he arose 10 cross
examine her his voice was steader and iouoei
! han il has been at any previous time since the
| trial began His examination Of the witness was
| NOT long and ne succeeded in drawing from ner
! some statements that were favorapie 10 nirh
! Uolmes did not finish his examination OF Miss
| Yoke but gave notice that he would can her As
a witness for himself
! AT this afternoons session Detective Ceyer
| who traced Holiness movements with the f1e'-
zeI children and discovered their bodies. wa'
! placed on the stand Geyer was expected TO De
| the chief witness Of the prosecution he toid o.
| tho conflicting stories related to him by Holmes
! of the manner of Pietzers death One OF these
stories was that the body found IN the mouse III
! Callowhill-st. was bogus corpse. ana .he ,ss.
story and the one TO which Holmes mas sine:
adhered was that PetZel committed SUICIDE aA1
! that he discovered the body and with 1t carriea
| ont the scheme to defraud the Insurance COM
pany.
THE EVIDENCE RULED OFT.
When Mr.. Graham started to have the witness
tell Of the fnding Of the bodies of the Pietzel
children the defence made the most STUBBORN
aght II has waged since the trial began. Tne
Jury was sent from the room. and the question:
OF the admissibility Of the evidence was argued
Mr. Graham made impassioned ana reAly
eloquent speech for the Introduction OK reye,s
testimony and Mr.. Rotan replied In remark
ably able manner for young and comparatively
inexperienced lawyer Judge Arnold without nes.
tation decided that the killing OF the cniaFn
had no direct bearing on the murder OF fietzei
He said that II Holmes was acquitted mere no
could be taken either TO Toronto or inulahApons
10 be tried for the murders committed there. aho
he ruled the evidence out 80, "a
Holmes had watched the face OF the Judge Al,
tentively while he spoke and when ne rehoetea
his decision a CLEAN OF relief passed over his
countenance and there came sudden guIpins
in his throat The decision OK Judge A,no'a
completely upset the line OF prosecution ou.insu
! for to-day by Mr. Graham, and after some tesu-
| mony OF an unimportant character the court
adjourned until tomorrow morning.
,,,,> ov TUE TRIAL, NEAR