Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-12-02
NEW TRIAL DENIED.
Murderer Holmes Sentenced to Death
by Judge Arnold, Saturday.
Holmes Louks Careworn and Seems to Have
Lost His Nerve.

L
of oyer and terminer Saturday Judge Ar
mold refusei to grant Herman w. Mudg.
etts, alias II. H. Holmes, who was con
vcted on Nov. for the murder in this
city on Sept. 2, 1894 of b. f. Pitezel Il
new trial and sentenced the condemned
murderer to death.
Promptly at 10 o'clock Holmes counsel
accompanied by Holmes came into court.
He looked careworn and seemed to have
lost that air of confidence which has chung
to him throughout his trying ordeal, Tho
court opened with brief tilt between
Judge Arnold and Lawyer Rotan, counsel
for the defendant. Judge Arnold charged
that Mr.. Rotan had offered an insult to
the court by sending briefs to judge
Thaycr and Judge Wilson, who had sat
with Judge Arnold when Holmes counsel
had argned for new trial, but neglected
to send him copy.
Mr.. Rotan said the briefs had been pre-
pared hurriedly, and if tho Judge had been
overlooked it was mistake. He said: 81
do not want the impression to go forth
that | have done wrong. l do not want
to be attacked that way. There was no
dlsrespect intended when l sent the briefs
to Judges Thayer and Wilson, and as II
member of this bar you should have that
confidence in me.
Judge Arnold made no further COM
ment, but proceeded 20 read the courts
answer to Holmes counsels reasons for {,
new trial He took up the ID exceptions
TO the verdict one at q time, and dwelt al
length upon each. The main reasons for
new trial which We're put forth by the
defendants counsel We're the admission of
the testimony of Miss Yoke, who Holmes
claimed as his lawful wife; the district at
torney's opening speech to the jury, when
he brought the murder of the children
into the case, and that part of Mrs Piet-
zels testimony in which she said the last
time she saw her children was Sin tho
morgue at Toronto"
In reference to Miss Yoke's eligibility
as a witness the judge saidshat it was the
opinion of the court that Holmes was not
only married to the Willamette ulls.)
woman when he welded Miss Yoke. but
he also had a wife in Gilmanton, n. II.
Therefore the marriage to Miss Yoke was
null and void and the evidence was adj
missibe
The opening speech of the district attor-
ney, he said, was not open to obje ction. II
was the evident intention of Holmes, said
Judge Arnold, to take off the entire Piet-
eel family, in order to secure property be-
longing to the murdered man. AS to tho
statement of Mrs Petzel, thcl Judge had
instructed the jury not to be influenced by
the woman's statement
He closed by saying that the court an.
proves the verdict and refuses a new trial
District Attorney Graham then arose and
asked that sentence be passed. Holmes
was ordered to stand up. Judge Arnold
said:
Herman w. Mudgett, have you any
thing to say?'
Holmes replied in barely audible voice:
II have nothing to say"
Judge Arnold then pronounced the death
sentence in the usual form, after which
Holmes was taken from the court to
prison. Governor Hastings will fix tho
day of Holmes execution. An appeal to
the supreme court will be taken at once