The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-11-19
SHOEMAKER MAKES A BAD SLIP
FALSE AFFIDAVIT REsORTED TO
N THE HOLMES CASE.

] Expressed an Intention 10 Commit
/ Suicide - The Lawyer CoIIapses
when Detective Exposes the
Whole Plot 10 the Court.
/ Philadelphia, Nov 1S.-The argument for
I a new trial i'm the case of the convicted
/ murderer Holmes was heard this morn
/ ing in the criminal court before Judge
/ Arnold, who tried the case. Judge VII
/ son and Judge Thayer the presiding judges
/ Of the court. Like all the phases of this
singular case. this ordinarily routine pro-
/ cedure furnished a sensation.
/ Holmes was brought from prison to
court The weeks of confinement since
/ his conviction has added to the emacla-
tion that was so marked when he was
in court before and a hectic flush has
taken the place of his former palor. He
has also lost the easy look of confidence
that he wore during his trial. and al
| though he was composed, his anxiety was
/ plainly visible.
The sensation was furnished by Mr.
| Shoemaker, one Of Holmes counsel. Mr..
| Shoemaker presented an affidavit from a
witness purporung to be named Blanche
Hannigan. In the amdavit the witness
swore that she kept a cigar store on Cal
lowhill street, near the house where Pite-
eel was killed, ana that she knew the
! dead man, and that he told her that he
| intended to commit suicide.
District Attorney Graham asked that
| the witness be called TO the stand and
| Mr.. Shoemaker replied that he did not
know where she was
Then Mr. Graham called a private de-
| tective named Swetzler to the stand. The
detective testified that Mr.. Shoemaker
| weeks ago had written out the affidavit
and given $50 to pay some one to swear
Then Detective Geyer was called and
| he testified that Swetzler had shown him
| the afndaNit before 1t was signed.
| Then a woman was called to the stand
| VINO said she was the Blanche Hanni-
/ gan who signed the affidavit. She swore
that she knew nothing about the state
| ments in the affdavit. Her name instead
OF being Hannigan is Rhea, and she Is the
matron in the Fourth police district. 1t
| was at the suggestion of Detective Geyer
that she went with Swetzler to Mr.. Shoe
maker ana impersonatod Blanche Ham
nigan'
Mr. Shoemaker gave her $50 and took
her before a notary public and she swore
to the statement.
Ihls astonishing testimony that seemed
10 clearly point to perjured affidavit
evidently surprised the court, and when
Mr.. Shoemaker attempted to make some
confused statement, Judge Thayer sug-
gested to him that his greatest safety lay
in silence.
AII. LkOAdus Homes Otner attorney,
stated to the court that he knew nothing
OF the affidavit, and then he began the
argument for new trial. The main
points of the reason for asking for a trial
We're given in these dispatches
last week when the application for
new trial was filed. Tic principal alle-
cations for asking for the trial are that
| the district attorney influenced the Jury
| in Introducing evidence showing that the
children were killed 10y Holmes; that the
ueIehSe was not ready to proceed and
that be court erred on q number of
points in the trial.
Mr.. Rotan argued for an hour and fifty
minutes and District Attorney Graham
replied. In his argument MIR. ROtan had
dWelt upon the inadmssibiity of the ev-
| commonwealth had not clearly shown she
was not the prisoners wife, and she was
not therefore competent witness.
Mr.. Graham reproduced the prisoners S
letters TO the Willmette, H., wife, ac-
cording the ceremony of marriage and
then Mr. Graham sprung a surprise on
Holmes that perceptibly took him back
Mr.. Graham put in evidence, a record
from the chicago courts of an applica
uon for dTvorce filed by Holmes ask
ing for a separation from his reaf wife,
who lives in Gilmerton, N. II. He also
produced an affidavit from this wife that
while making the now famous journey
with Mrs. Pitezel and Miss Yokes, Holmes
came to see her and resumed his rela-
tions as husband with her. Mr.. era
the defense and step by step demolished
them, and in a manner that was abso-
lutely conclusive shed flood Of con-
vincing light upon Holmes guilt
During the trial Mr.. Graham was fire.
quently restrained by points of law re-
ferring to the prisoner, but in his re-
view of the evidence he was restrained
by no such conditions, and he fairly with
cred Holmes with his scorching arraign-
ment of his various crimes
The weak point in Mr.. Graham's case
during the trial was how Pitezel was act
ualy killed His inference was that
I Holmes. Dllt he brought this
clearly. Judge Wilson seemed struck by
this and asked Mr.. Graham how Pitezel
was killed. Mr.. Graham said that it was
the contention Of the commonwealth that
Holmes chloroformed him TO death, but
the district attorney did not make clear
! how the man was murdered. Mr.; Rotan
seized on this point, and in addressing
the court in his closing argument dwelt
/ on the improbabillty Of man of Holmes
/ physique overcoming Pitezel and killing
him with chlorofOrm. He also contended
that though the commonwealth had pro-
I duced evidence to show that Pitezel
bought a pint of whisky the night be-
fore he died, there was no evidence to
and thereby enabled Holmes to admins
ter the chloroform TO him In that condi-
tion.
tan ased the court to take particular note
| in their decision of the medical evidence
offered at the trial, which. he contended,
Judge Thayer replied that the court
would consider this phase Of the case
and especially as requested by Mr.. Ro-
tan.
Then Judge Thayer, addressing Mr.
[ Shoemaker told him that he had a most
! unpleasant duty to perform. He said
! that in view of the use Mr.. Shoemaker
{ made of the affidavit he presented in the
court this morning the court had no al
tentative but to hold him in Sl.500 bond
Z for subordination of perjury. Mr.. Shoe
| maker stood pallid and nerveless while
/ Judge Thayer was speaking and when
! his honor had finished he made an mar
ticulate effort 10 say something, but his
/ voice choked and he sat down silently.
The court reserved its decision upon
granting Holmes a new trial, but thar
the new trial viii be refused from the
line of questioning adopted by the bench
/ is not doubted
Mr. Shoemaker procured bail, but re-
fused to make any statement in regard
to the affidavit. He would only say that
il was "a most cruel and unexpected de-
I veloDment to him, ana that he understood
4 his whole professional career was at stake.
Mr.. Rotan Mr.. Shoemaker colleague,
/ was greatly worried over the affair, as
he feared il would reflect upon him, but
/ AT it was clearly shown in court that he
/ had had TO hand 20 procuring the affi-