Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1895-10-30

CtINllE pdle--S WAiCu -c-ACA " - sup
posed To- have held. He saw him sew
e-al times during the following week.
The witness drew p3cke, Of papers
from his pocket when ne came 70 the
dates. bu, Holmes objected to his re-
ferriug to them unless they were IN mis-
own handwriting. Smi-h admitted
chat -he papers had been prepared,
and the court sustained the objection.
Smith said that during h-s first visit
to P.e.Zel. whom ne knew by the name
OF Perry. Holmes came in, and after
viviug nod or s.gn to Pie,zel. went up
stairs. A moment la-er P.etZel excused
himself and followed HIM. He re-
turned very shortly, but Holmes re-
manned up stairs. The witness was
present when the corpse Of PIeJzel was
eXhuuei from the p0t-ers' held and WIS
there frs. introduced 20 Holmes. Law
YER Howe. of St. Louis. Alice PietZel,
tle Young daughter, and the Insurance
officers W ere there. The body was rec
O-u.zel by the witness as P-eJzel Sc
FSmes offered $50 -o have the corpse
crsm8ed. ana asked Howe about IL.
The lawyer answered tha, the widow
would first have to be consulted. Holmes
-Cll ne insurance people OF me marks
o. Identification and after body had
been dug up. he pulled o0c a lance and
cut q warc and other marks from the
corpse. AT this tine witness had rec
ceulzed Holmes as the man he had
seen so up stairs in the Callowh.H
street house
HO.meS on CrOss-eXamln3tt0n asked
@ number of lmmGterial questions, but
showed much legal skill IN their con-
struc-iCn he presented a strange pc
cure standing in the dock. with his
pencil leveled at the witness, trying
90 confuse him. He asked that the plan
of lla house be produced here, and wit
ness Sm@h 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 so up stairs on the day al
Guided t0, bat the witness adhered TO his
original statement Holmes subjected
Smith TO a long and searching cross
examination. dwelling upon every point
of testimony addUced by the common
we2bh. bU- the witness was mistaken.
Eventually. becoming eXasperaJed at
ms inability in this respect, and in con-
sequence OF an immaterial word from
Mr.. Graham. Holmes exclaimed: Il OBJ
jec- % the b.COdthirsty manner in which
the DisTic- Attorney and this witness
are trying 20 draw the inference that
rushed ,n-O this p0tCers' field and mutt
la.ed The dead body Of my friend
You are drawing the inference your
self, said Mr. Graham.
Dr. William j. Scott was called, and
at this juucture Holmes renewed his
plea 10 have all witnesses except the
one on the stand excluded from the
room.
Mr.. Graham objected to this, and
Holmes, without a change OF expression
but with definite sarcasm, said:"I would
like 20 k0nw whether you, Mr.. Graham,
or the honorable court, is to make the
rulings in this case. l have been
anxious TO know this since the trial
began"
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 muT-
der of Benjamin Z. Pietzel be excluded.
This was granted him, and as Holmes
called out the names Of these witnesses
they LETT 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 AT
torueys prOtestati0ns, he protested the
matter earnestly, addressing himself
principally 20 the court and ignoring
llr. Mr.. Graham.
'I wish I could get the prisoner to
understand" ." finally remarked Mr.. Gra>
ham. "that somebody in this case is
acting honestly
The examination Of Or. Scott was
about 10 DE resumed, when the District
Attorney arose and said to the court:
"Iu view OF the circumstances Of this
case and the evident desire to create
sympathy for the prisoner. 1 mean as a
matter of grace to him. because he is
without counsel. to ask ell Witnesses
connected with any part OF the case to
retire Were me represented by cOun~
sei. I would fight such q proceeding at
every step
After the witnesses had all left the
room. Holmes asked if his wife was TO
De witness.
"Again I must ask" said the District
Attorney. (which wife YOU me2n?'
.You know" responded Holmes, with
q tuel Of anger.
"Tha woman YOU see fit to designate
as Miss Yoke, thereby casting a slur on
her and myself. That woman is my
wie"
You cast a Siur on her, Mr.. Gra-
ham ratOrted. when you married her
With two wives living. I call her by
the name she gives me. which is Miss
Yoke"
"That is for her to say" said Holmes.
"WeU she is not in the court room,
concluded the prosecutor. "and l de-
cline % say whether or not she will be
q witness.
DR.. Scott was then permitted to tell
his story. which concerned his having
been called i'm 10 examine Pietzers body
aIter its discovery. He explained the
situation of the room and the arrange
meDt of the windows. so that the suns
ravs should 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 District Attorneys assertion of yes
te~tav that the pipe could not have
FALLEN from the lips of Pietzel to the
rlace where it was found, and that the
iar could not have been broken by an
evDlosion. because the pieces Of glass
were moi scattered about the room, but
were inside the jar. The doctor dwelt
rnor the discovery of chlorOfOrm in the
s+oD,och and said large quantities Of