Birmingham state herald., 1895-11-01
HOLMES MOVED ID TEARS By the Introduction of Miss YOhe
 as a Witness.
HE EXAMINED HER HIMSELF
Judge Arnold Made Ruling in the Prison- >er's Favor, But it Will Hardly
 Save Him.

of hope that has come to Holmes since he was arraigned for the murder of B. F. Pietzel today broke through the rift of the dark cloud of damaging evidence in which he had been enveloped. The decision of the court ruling certain evil dence out left the prosecution in confu- sion and incorrectness. The district at torney asked for time in which to rear range his case. The court granted the request and the regluar night session was not held. The case went over until tomorrow. Despite the direction of the court in refusing to admit testimony showing that Holmes killed the Pietzel children, District Attorney Graham Is convinced that the evidence he has al- ready presented to the jury will convict Holmes. Although the direct evidence
 possessed by the commonwealth that Holmes killed Pietzel Is circumstantial, so strong Is this chain of presumptive testimony that to anyone who has fol- lowed 1t there can hardly remain doubt that on that Sunday in September year ago Holmes killed Pietzel in the house at 1916 Callchill street. Notwith- standing the decision of Judge Arnold
 today, much indirect evidence has been introduced showing that Holmes unques- tionably made away with the Pietzel children, and this, in every probability, will have weight with the jury, and even if unconsciously, will in all ikei- hood influence their minds in arriving at a verdict in the case before tomorrow. The decisison of Judge Arnold and the confronting in the witness box of Holmes by the woman whom he deceived into be- lieving she was his legal wife was the leading feature of the proceedings today. After several witnesses had testlned
 this morning the name of Miss" Yohe was called. Holmes had expected that the woman whom he had lured Into mar riage with the belief that he was single would be called upon to give testimony
 aginst him. but the prospect Of her ap- pearance In the witness box completely
 unneryed him. He called eagerly to his
 counsel and urged them with eagerness to object to the witness. In the mean
 while however, Miss Yohe had taken her place on the stand. From his behavior as she did so it would seem as if Holmes really loved the woman. AS she came
 forward his pallid face flushed and then his blood retreated, leaving him ghastly white. He looked appealingly at her, but she carefully avoided glancing in his d. rection. When the girl so evidently eyaded even so much as looking at him Holmes bowed his head and struggled with a sob that shook his frame while he wiped the tears from his face. He ap- pealed piteously to his lawyers to have the witness taken from the stand. They combatted as we'll as they could the evil dence of the district attorney that Miss Yohe was not his legal wife and was therefore incompetent under the statutes of this state to testify against the pris- oner. The testimony that there was one and probably two other women with whom Holmes had gone through legal marriage ceremony was convincing ana Judge Arnold allowed Miss fohe to tes- tify.
 Before she began her testimony Holmes counsel stated to the court that the prisoner would cross-exam1ne the
 witness himself. Miss Yohe was one or the wives of the prisoner, but beyond the proving that Peitzel called on Holmes the day before he was killed and that Holmes told her that he had an engage ment with Pietzel on the next day and was absent from the house from 10 in the morning until 4:30 in the afternoon on Sunday, her evidence was not so dam aging as those in the court expected.
 Throughout the period in which the events occurred she was constantly with Holmes, but he readily deceived her as to the time for their hurried movements from city to city by spacious lies. Dur ing Miss Yohe'S testimony Holmes re- covered his composure and when he arose to cross-examine her his voice was stead fer and louder than it had been for some time His examination of the witness was not long and he succeeded in abstract ing from her statements that were faVor- able to himself. Holmes did not con- clude his examination, but gave notice that he would recall her as witness foa himself.
 At the afternoon session Detective Geier. who traced Holmes movements with the Pietzel children and discovered their bodies, was placed upon the stand. MT. Graham started to nave the witness tell of the finding of the bodies of the Pietzel children, but the defense made the most stubborn fight that 1t has waged since the trial began. The jury was sent from the room and the question of ad- instability of the evidence was argued. Mr. Graham made an impassioned and really eloquent speech for the introduc- tion of Geiers testimony and MT. Rolan replied in remarkably able manner for a young and comparatively inexperienced lawyer, Judge Arnold decided without hesitation that the killing of the chil- dren had no direct bearing upon the mur- der of Pietzel. He said if Holmes was ac- quilted here he could be taken to either Toronto or Indianapolis to be tried for the murders committed there and that he ruled the evidence out.
 The attorneys for tle defense were joy full over the decision of the judge and they now affect to believe that there is a prospect of the jury returning verdict of acquttal against Holmes, as they claim no evidence has been produced showing directly that the prisoner killed Pietzel. On the contrary. MT. Graham is equally confident that he has placed a moose around Holmes neck by the evil dence he has already presented. Judge Arnold's decision has cut off the testi- mony of about fifty witnesses for the commonwealth from Indianapolis, To- ronto and other places. and in this case the prosecution will call but two more witnesses.
 One of these witnesses will be Dr. Loff- man. an expert chemist, who will testify to the effect produced by the inhalation of chloroform upon the system of a hu- man being. The defense has no wit nesses except those of the commonwealth that they will call in their behalf. This will probably be disposed of in compar- atively short time. At all events there now seems no likelihood that the trial will extend beyond Saturday at the far thest.