Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-10-29

UESDAY, OCTOBER 29.
through business concerning patents which
Pitezel was supposed to have held. He saw
him several times during the following
week. ", Witness aasat drew W,s packet Of papers
dates Holmes objected to his referring to
them unless they were in his own hand
writing. Smith admitted that the papers
had been prepared" and the court sus-
tanned the objection.
Pitezel's Remains Exhumed.
Smith said that during his first visit to
Pitezel, whom he knew by the name of
Perry, Holmes came in, and after giving
a Lod or sign to Pitezel went upstairs. A
moment later Pitezel excused himself and
followed him. He returned very shortly,
but Holmes remained upstairs. The wit
ress was present when the corpse of Pite-
eel was cxhumed from the potter's field,
ard was there first introduced to Holmes.
Lawyer Howe of st. Louis, Alice Pitezel,
the young daughter, and the insurance Of
by the witness as Pitezers. Holmes offer
ed $50 to have the corpse cremated, and
asked Howe about it. The lawyer answer
ed that the widow would first have to be
pie of the marks of Identification, and after
the body had been dug up he pulled out a
larce and cut wart and other marks
from the corpse.
At this time witness had recognized
Holmes as the man he had seen go upstairs
in the Callowhill street house
Holmes CrOsA-ExamininE.
Holmes, on cross oss-examiration asked a
number of immaterial questions, but show
ed much legal skill in their construction.
He presented a strange picture, standing
in the dock with his pencil leveled at the
witr ess. trying to confuse him. He asked
that the plan of the house be produced
here, and Witness Smith temporarily made
way for Marshall r. Pugh, an engineer in
the bureau Of surveys, who had drawn the
plan, and was called to identify it.
Smith then continued his testimony. and
Holmes sought to prove that he could not.
from the place where he sat, have seen
him go upstairs on the day referred to, but
the witness adhered to his original state
ment.
Holmes submitted Smith to a long and
searching cross-examination. dwelling upon
every point of the testimony adduced ny
the commonwealth, but the witness was
ur shaken.
Dispute Over Excluding Witnesses.
Eventually becoming exasperated at his
inability in this respect, and in consequence
of an immaterial word from Mr.. Graham
Holmes exclaimed: Il object to the blood
thirsty manner in which the district attor-
ney and this witness are trying to draw
the inference that I rushed into this pot
ter's field and mutilated the dead body of
my frieE.i."
SELF said Mr.. Graham.
DIR. Wm. J. Scott was called. and at this
1uncture Holmes renewed his plea to have
witnesses, except the oneaon the stand eX-
cluded from the room.
Mr.. Graham objected to this, and Holmes
without change of expression, but with
infinite sarcasm, said: u would like to
know WHITTIER you, Mr.. Graham, or the
honorable court is to make the rulings in
this case. 1 have been anxious to know
this since the trial began"
Judge Arnold upheld the district attorney
and Holmes asked for ana was granted AN
exception to the ruling
Holmes compromised by asking that the
witnesses connected; with the murder of
BENJAMIN F. Pitezel be excluded. This was
granted him. and as Holmes called ont the
names of these 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 attor-
ney's protestations. he pressed the matter
earnestly, addressing himself principally to
the court and ignoring Mr. Graham.
Il wish 1 could get the prisoner to un-
that somebody in this case is acting hon
estly."
The examination of Dr. Scott was about
u pe resumed, When the district attorney
arose and said to the court:
I'm view of the circumstances of this
case, and the evident desire to create SYM
pathy for the prisoner, l mean as a mat
ter or grace to him because he is without
counsel, TO ask all the witnesses connected
with any part of the case to retire Were
he to be represented by counsel, I would
fight such proceeding at every STEP
After the witnesses had all left the room
Holmes asked if his wife was to be wit
ness.
Again I must ask said the district at
tcrney, which wife you mcan?'
You know responded Holmes, with
flush of anger The woman you see fit to
designate as Miss Yoke, thereby casting
slur upon her and myself That woman is
my wife"
'You cast slur on her." Mr. Graham
retorted when you married her with two
gives me. which is Miss Yoke
That is for her to say said Holmes.
WELL she is not in the court room' con-
cluded the prosecutor, land 1 decline to
say whether or not she Will be a Witness
DR.. Scott's Story.
DR.. Scott was then permitted to tell his
story, which concerned his having been
called in to examine Pitezel's body after its
discovery. He explained the situation of
the room and the arrangement of the Win
dows, so that the suns rays would fall
upon the corpse and hasten decomposition,
together with the position of the burns on
the body, the broken jar, pipe, etc.
He verified the prosecutions assertion of
yesterday that the pipe could not fall from
the lips of Pitezel to the place where it was
found, and could not have broken by an
explosion, because the pieces of glass Were
not scattered about the room, but were in
side of the jar. The doctor dwelt upon the
discovery of chloroform in the stomach,
and said large quantities of the drug had
been used. and, from the consested condi-
ton of the lungs and the empty heart, it
was apparent that the man had met a sud
den and violent death from chloroform
poisoning.
At the end of DIR. Scotts examination in
chief the court took a recess from II 10 to
$50 o'clock.
All the Persons Rescued.
Supt. Kimball of the life e-saving service