The times. [volume] (Richmond, Va.) 1890-1903, 1895-11-19

ONE or HOLUEs' COUNSEL HELD
FOR suB0ENITION or PERJJRi.
Neatly Caught In His Own Trap to Prove
That rlefzel Announced His In
tention to Commit suicide.

ntAt iof new tflai N ihe case Vi ''V
convicted murderer Holmes was heard
in the Criminal Court this morning before
Judge Arnold. who tried the case; Judge
Wilson. and Judge Ihayer the PRESIDING
judge Of the court Like all the phases
of this singular case this ordinarily rou-
tine proceedings furnished sensation.
Holmes was brought from prison 10
court The weeks of confinement since
mis- conviction has added 20 the emacia-
tiOn that was 50 marked when ne was IN
court before. and a hectic flush has taken
the place OF his former palor. lie mas
also lost the easy LOOK OF confidence thal
ne wore during bis trial, and although ne
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 purpOrting 20 be named BiaDche
Hannigan In the afternoon the witness
swore that she kept cigar store on
Callowhiu street. near the house where
Pietzel was Killed. and that she knew
the dead man. and that he told her that
ne intended 10 commit suicide. District
Attorney Graham asked that the witness
be called TO the stand. and Mr.. Shoe
maker replied that ne did not know
where fho was Then Mr.. Graham called
a private detective named Swctzler 10 the
stand. The detective testified that Shoe
maker weeks ago had written out the
Aiidavit and given him so 20 pay come
one 10 swear 10 10.
"BLANCHE 1IANNIGAN."
Then Detective Gcyer was called and
he testified that Swcltzor had shown him
the affidavit before 1t was signed. Then
woman was called TO the stand. who
said she was the blanche Hannigan"
who signed the affidavit. She swore that
she knew nothing about the statements in
the affidavit
Her name. instead Of being Hannigan,
was Rhoa, and she is the matron In the
Fourth police district. 10 was at the sug-
gcsIon of Detective Gcyer that She went
with Swetzlcr to Shoemaker and imper-
sonated Blanche Hannisan" Shoemaker
gave her so and took her before notary
public and she sw0rc 10 the statement.
This astonishing testimony. that seemed
to clearly point 10 periured affidavit.
evidently surprised the court and when
shoemaker attempted 20 make some con
fused statement. Judge Thayer suggested
10 him that his greatest safety lay in
silence.
SIR. Rotan, Holmes other attorney,
stated TO the court that hc knew nothing
Of the affidavit. and then he began argu-
ment for new trial.
The main points of the reasons for ask
Ing for a new trial were given I'm these
dispatches last week when the applica-
uon for new trial was filed. The prin-
cipal allegations for asking for a new
trai are that the District Attorney in
huenced the judge in introducing evidence
showing that the children were killed by
foimes' mat the defence was not ready
10 proceed. and that the Court erred on a
III. IF ftlfH fs.
HOLMES WIVES.
Air. Rotan argued for an hour and lftv
minutes. and then District Attorney era
nam replied. Ia his argument. Mr. Rotan
had dwclt uDOn The inadmissability of the
evidence OF Miss Yoke on the ground
that the Commonwealth had not clearly
shown she was not the prisoners wife.
and That, therefore she was not a COM
ptttnt witness Mr.. Graham reproduced
The prisoners letters TO the Willimette
dli] Wife. acknowledging the ceremony OF
marriage. and then Mr Graham sprung "A
surprise on Holmes that pcrccpUhly took
him back. Mr. Graham put ion evidence
At record from the Chicago courts OF an
application for a divorce nled by Holmes.
asking for a separation of his real wife,
who lives ln. Gilmcrtou. y II. lie also
produced am sildayit from this wife that
While making thc now famous journey
with Mrs. l1etzel and Miss Yoke Holmes |
s. anne So See her and resumed ms reia-
lions - husband with her
Ar Graham reviewed the contentious !
SET up ny The defence. and step by step !
demolished them. and in a manner that /
absolutely. couclusitely shed food |
OF convincing light upon Holmes guilt
During the trial Mr. Graham was fre- |
quently restrained boy points of law IN |
referring So the prisoner. but i'm his re- |
view of the evidence today he was re- |
strained hy NO such conditions. and he |
fairly withcrei Holmes with his scorch- !
lng 1rfaignmcnt of his various crimes |
Hl. fIltfF n f4II .ttlHa
during the trial was how Pietzol was
actually Killed. His Inference was that !
l1ctzcl was chloroformed 10 death by
Holmes, but he never brought this out /
clearly.
Judge Wilson seemed struck by this.
and asked Air.. Graham how pietzcl was
killed Mr. Graham said that n was the
contention OF the Commonwealth that
The district attorney did not make IL
lear how they believed the dead man
was murdered.
Mr. Kotan spoke on this point. aud ad-
ircssing the Court in his closing argu-
nent. dWelt upon the imprObability of "a |
nan Of Holmes physique overcoming "A
man OF Pietzels strength and killing him
With ChlOrOfOrm. He also cOnfended that |
he Commonwealth had produced ev denco
70 show that Pietzel bought z pint OF
whisky the night before he died There
vas no evidence TO show that he was
trunk on the day he died. and thereby
nablng Holmes TO administer chlorofOrm
o him in that condition.
In concluding his argument Mr. ROtan
lskcd the Court TO take particular point
n their decision of the medical evidence
,ifered az the trial. which. he contcnded |
vas incomplete and incOnclusive. Judge
rhayer replied that the Court would con-
idcr this phase OF the case. and especially
Is requested by MIR Rotan.
Then Judge Thayer, addressing Mr.. !
'hoemaker told him that ne had most
unpleasant duty 70 perform. lie sa.d
hat. in view of the use Mr. Shoemaker
nade Of the afiidavit he presented In
ourt this morning. the Court had no |
lternatiye but TO hold him IN $500 bail
or subOrnation OF perjury Mr. Shoe
maker stood pallid and nervcless while
udge Thaver was speaking and when
is HOnOf had finished he made an mar
lcnlate effort To say something. Int his |
Oico chOkcd and he sat down silently. |
.he Court reserved its decision upon
ranUng Holmes a new trial. but that |
he new trial will be refused from the !
.ue OF questioning adopted 10y the bench !
undouhted.
Mr.. Shoemaker procured BAIL but re |
used 20 make any statement In regard |
% tho aliavit he would only say that |
Wae most cruel and unexpected de-
10 him. and fnaf be under
TODD his whole professional career was
q stake. MIR kofan. Mr.. Shocmakcr's |
was greatly worried over the |
nair. As he feared IL would reflect upon |
i'm. but as 81 aaS clearly shown in court |
his morning that he had no hand in |
recurring the affidavit the bench OF |
ldges eNoneretcd him from blame. Nv.
lakcr would be- able 20 show his inno-
.r.. ,f any s3ttf~ tr4aH4 and fhat ". |