The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-10-29

nized Holmes as the man he had seen go
up stairs in the Callow Hill street house
Holmes, on cross examination asked a
number of immaterial questions, but
showed much legal skill Ia their con-
structon. He presented a strange pic
pencil leveled at the witness,
trying to confuse him. He asked
that the plan of the house be produced
here, aud Witness t5mith temporarily
made way for Marshall r Pugt, an lgi-
neer in the bureau of surveys, who had
drawn the plan, and was called to iden-
tify it.
smith then continued his testimony,
and Holmes sought to prove that he
could not, at the place where he sat,
hav8 seen him go up stairs on the day al
luded to, bat the witness adhered to his
original statement
Holmes subjected Smith to long and
searching ross-examination, dwelling
upon every point of the testimony ad-
duced by the commonwealth, but the
witness was mistaken.
Eventually becoming exasperated in
his inability in this respect, and in con-
sequence of an immaterial word from
Graham, Holmes exclaimed: 81 object
to the blood thirsty manner in which the
district attorney and this witness are try
ing to draw the inference that l rushed
into this potter5 field and mutilated the
dead body of my friend"
you are drawing the inferences your
SELF" said MIR. Graham.
Dr VIM. J. Scott was called and at this
iuncture Holmes renewed his plea TO
have all witnesses except the one on the
stand excluded from the room.
Mr. Graham objected to this and
Holmes, without change of expression,
but with infinite sarcasm said: 81 would
like to know whether you, Mr.. Graham,
or the honorable court ID to make the rul-
ings in this city. l have been anxious to
know this since the trial begun"
Judge Arnold upheld the district at
torney and Holmes asked for and was
granted an exception to the ruling.
Holmes compromised by asking that
the witnesses connected with the murder
of Benjamin f. Pi eel be excluded. This
was granted him and as Holmes called
out the names Of these witnesses they left
the room,
Not having full list of the witnesses,
however. hs was suspicious that all mad
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.
81 wish / could get the prisoner to un-
derstand," finally remarked Dir. Graham,
chat sonnet body in this case is acting hon
estly."
The examination of DR.. Scott was about
to be resumed when the district attorney
arose and said to the court:
SIN view of the circumstances of this
case, ard the evident desire to create
sympathy for the prisoner. l mean. as d
matter of grace to him, because he is
without counsel, to ask all the witnesses
connected with any part of the case to
retire. Were he represented by counsel
l would fight such proceeding at every
step"
After the witnesses had all left the
room Holmes asked il his wife was to be
d witness.
"Again must ask" said the district
attorney, (which wife do you mean?"
"You know" responded Holmes with
a flush of anger
1.-THE woman YOU see fit to designate
as Miss Yoke, thereby casting slur on
her and myself. That woman is my
wife"
"You cast slur on her" Mr. Graham