The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1895-10-30

attorney.
~ have no queItlons now" replied
Holmes, but when told that "noW or
never was the time to question tho
wiIneIs, ut least on tho picture question,
no askedi "ATe these good pictures ot
your father as you last saw him, or two
years hstore" "Aa last saw him"
Eugsno Smith, who found PietzePs
body In tho CAllowhill streat house on
September 4, 1894. then told a datailed
story OF his discovery. He had become
acquainted with tho dead man on Aug.
u't 22, 1894, through business concern.
ing patents which piGtzel was supposed
to have held. Tho witness drew
packet OF papers from hia pocket when
hO camo to tho datss, but Holmes OBJ.
jecled to his relHrring to them unless
they were In his own handwriting,
Smith admitted that tho papers had
been "prsparsd" and tho court srs.
talned the objection.
WANTED THE noDY CREMATED.
Smith said that during his tirst visit
to Pietzol, whom no knew by the namo
Of Perry, Holmes came in aud after CIV
ing nod or sign to PiotzOl, went up
stairs. A moment later plO,zel excused
himself and followed him. He returned
very shortly, but Holmes remained up
stairs. Tho witness wal present when
Tho corplo OF Plelzol was exhumed from
the potters fold aud was thGre first in
lroduced to HolmoL Lawyer Howe, OF
St. Louis, Alice Pietze, tho young
daughter, and the insurance officers
waro there. Tho body WAS recognized
by the witness aS Piatzsl'a. Holmes
offered S90to have the corpse cromatod
and asked Howe about it. Tho lawyer
answered that tho widow would frat
bavo to be consulteh. Holme, told tho
insurance people Of the marks Of idOn.i.
iication and after the body had been
dug up, no pulled out lance and cut a
wart and other marks from the corpse.
At this titno witness had recognized
Holmos as tho man no had seen 60 up
in the CalloWhill street house,
Holmea on Crola examination asked
number oi immatorial questions. but
showed much legal skill in their con-
slructon. lie preieutsd strange pic
ture, standing on the dock, with his
pencil levslod at tho witness, trying to
confuse him. He asked that the plan
OF tho house bo produced hore, and
witness Smith temporarily mado way
for Marshall Il. 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 provo that he
could not, from tho place whore he sat,
have seen him 20 up stairs on the day
alluded to, but the witness adhered to
his original statement Holmes sub
jected Smith to- long and searching
cross examination, dwelling upon every
point OF the testimony adduced by tho
commonwealth, but tho witness was
unshaken.
Eventually becoming oxasperated at
his inability in this respect and in con.
sequence OF an .immatsrial word from
Mr.. Graham, HolmsI exclaimed: VI OBJ
ject 10 the bloodthirsty manner in
which the district attorney and this
witnOBs are trying to draw the inference
that rushed into this potter's field
and mutilAled tue dead body oil my
friend"
"You arc drawing tho inforenccS your
self, said Mr.. Graham.
HoLMEs' sARcAsM.
DR.. William ]. Scott was called, and
at this iuncturc Holmes renewed his
plea to have all witnesses except the
ono on the stand excluded from the
room. -,
Mr.. Graham objected to this, and
Holmes, without change Of expression.
but with infinite sarcasm, said: "l
would like to know whether you, Mr..
Graham, or tho honorable court is TO
make tho rulings in this caso. have
boeu anxious TO know thla since the
trial began"
Judge Arnold uphold the district at
torney, aud Holmes asked for aud was
granted an exception TO the ruling.
Holmes compromised by asking that
the witnesses connected with tho mur'
dor Of Benjamin +. Piotzsl bo excluded.
This was granted him, and as Holmes
callod out the namoI OF these witnesses
they loft tho room. Not having a full
liBt Of tho witnesses. however. ho was
Suspicious that all had not lott, and, In
apto Of tno district attorneys protosla'
tions, no protoatOd tho matter earnestly,
addressing himsOi principally to tho
court aud ignoring Mr.. Graham.
~ wigh / could got the prisoner to
underaiaud," finally remarked Mt
Graham, "that somebody in this case 10
acting honestly.
Tho examination Of Dr. Scott was
about TO bo re,umod whom tho district
attorney arose and said to tho court;
"in Wow OF tho circumstances oil this
oago and tho evident desire to create
sylnpaGhy for tho prisoner, moan rs q
matter Of grace to him because ho is
yllhou. counsel, to nak all tho witnesses
connected with any part OF tho case 10
retire. Woro hO represented by coun-
sol, l would fight such u proceeding at
oyory stop."
After tho witnesses had all loft tho
room, Holmoa asked II his wiio was to
"Agsin I must ask" said tho district
nItorney, (which wiIc you moan"
"You know" responded Holmes,
with hnBh OF anger "fho woman
you AGO 1T to designate ns Miss Yoke,
thereby casting d glur on hor aud my
soli That woman 10 my wlio."
"You cast aur on hor," Mr.. Graham
ro.ortod, "whon you married hor with
two wiyns living ] cali hor by tho
namo sIio givci me, which ls Miss Yotkc."
"rhnl ia for hor to sny, said llolmcl
"WolI, sho Ia not in tho court room"
concluded tho prosecutor, "Rnd ! do.
elmo to nny whether or nOI Hhc Will DO
wilnOal,'
ExpgRr TESTIMONY.
DR.. Scott was then permitted 10 toll