Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-11-02
him. him that h. =, he was not married to the

MIN that he was not married to the
Willamette woman"
Knew nothing of the woman"
Did you know anything OF any 9TH
er marriage?" asked Mr.. Graham.
81, had heard OF another
u don't know the name"
"Where?"
"Gllmanton, N. H."
What did Holmes tell his family to
excuse his marriage with you when he
had wife at Gllmanton?"
Il was not with him when he visited
them"
:, Did his sister tell you what he said
She did His sister told me that he
mad told her he had been injured in
u wreck and lay a long time In n hos
pital; that l was a patroness OF the
hospital and had asked the physicians
to perform an operation on him which
saved his mind, and that / had tnar-
rled him before he realized who he was.
l never met the Gllmanton woman"
When you charged him with the
matter what did he say?"
He said he had received word that
she was dead"
Was there any truth in the story
Not any truth"
when you married lin you believed
yoi were becoming a lawful wife?"
81 did,
him?" ''N
II would not"
Now, tell what deception he used
to bring about this marriage What
did he representa-
He told my mother that his uncle
had died and left him certain properties
IN the South; tho West and In Fort
Worth provided he took his uncie's
name, Henry Mancill Howard. He
sald he had no relatives living except
an aunt in Africa. found that he
hid a rather. mother, two sisters and
TWO brothers. He explained his tal-
ing the name of Pratt in Fort Worth
Dy saving his business complications
required It," Miss Yoke at thescon-
eiuslon OF her testimony retired to
the crlers desk ana laid her head in
her hands on the back of chair. Then
she was led from the court room. Her
presence did not move Holmes today
cess. W. Nou' > re-
Immediately upon the re-assembling
or court Mr., Rotan advanced To the
bar of the court and said:
May 1t please the court the COM
mohwealth has closed its case and we
ieei sure that II has not proved its case
IL IS Incumbent upon the common
wealth to prove murder beyond a ress-
ordple doubt They have not done So"
Mt. Graham smiled broadly.
Ihey have proved" continued Mr.
hotan' that these men came here In
carry out a fraud, but their testimony
does not show that this man was kill
ed by somebody else. II may have
been suicide; 1t may have been n kill
ing, put we feel sure under the rul-
ihgs that there is a reasonable doubt.
n ~ hot lAV.
second. as 10 whether the prisoner
Killed him. They have not made out
what the law calls corpus delicti.'
They have proved that body was
found, but not that anybody killed 1t.
we must, therefore, pray that you
take the case away from the jury, or
give them binding instructions"
This is 50 Ridiculous" INTERRUPTED
MI. Graham, that l decline to argue
it,"
This is not the time to make rul-
Ing" Judge Arnold decided. 81 can
express no opinion. The jury must
decide after they hear the evidence"
After considerable colloquy. Mr.. Ro-
tan for the defense made the follow
ing announcement:
ION account of our Inability TO bring |
n number OF important witnesses from |
other places, we have, after n con- |
ference with our client. decided to |
present no testimony whatever, feel |
ing that the commonwealth has not |
proved its case. We do this, however, |
with the proviso that the court does |
not hasten us on with our speeches,
which we have had no time to prepare.
We ask therefore that the arguments
be postponed until tomorrow morn
Ing"
Judge Arnold asked District Attor-
ney Grahams opinion.
1.-THE case has closed" replied that
official. land shall prefer to take up
argument tomorrow morning; 1t won't
AXE long: 1t IL easily argued"
WELL" said the judge. I'VE will hear
both sides tomorrow"
Adjourned until 10 O'Clock tomorrow.