The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1895-11-06

efforts were useless, as the court over
ruled all their exceptions and ordered
the examination to go on. The wit
ness kept her eyes cast down and, like
Mrs. Pietzel, court officer repeated
her low answers to the jury.
Mr.. Graham proposed now to have
Detective Geyer tell of the finding OF
the children's bodies. The defense OBJ
iected strenuously and the jury was
taken from the room while the argu-
mcnt upon the question was made to
the court. The matter before the court
was the most important that had come
up. The commonwealth had undouDt-
edly based much of its case upon the
evidence of the killing of the children
bv Holmes, not alone for the effect u
would produce, but to show that the
murder of I'ietzel was but one link in
the chain of deaths he plotted. II evil
dence of the murder of the children
was barred out the commemorative |
case would lose much of its strength,
as the evidence of the killing Of Piet-
eel is purely prcsumptive and circum-
stantial and the prosecution might have
difficulty in proving directly the MUIR
der by Holmes. With these facts in
view, Mr.. Graham argued at great
| length
Ny Rolan made the argument for
the defense. His plea was that the
courts OF Pennsylvania have decided
time and time again against the admis-
sion of evidence of another crime to
help convict man of the crime for
which he is being tried. The argument
consumed m hour and then Judge
Arnold rendered his decision. lie had
rot spoken but half dozen sentences
when it was evident he intended to
rule the evidence out, and this he did
on the ground that the killing of the
children had no direct bearing on the
case for which the prisoner was ar
raigned.
PHILADELPHIA, Nov. 2.-IIolmcs has
thrown himself upon the mercy of
, the jury. When the commonwealth
! closed its case yesterday after
! noon his attorneys announced that
: they considered the prosecution had
, not made out its charge of murder and
they would rest their case upon the
= evidence offered by the commonwealth
: and submit no testimony in defense OF
the prisoner This decision was made
by Holmes upon the advice of we'll
. known lawyer who was at one time re-
: tanned by the prisoner. The move
: seemed like a bold one, but was un-
questionably done more in desperation
4 in the hope Of influencing the jur. and
! creating the impression in their minds
:. that, being conscious of his innocence
f and not having had time to prepare {
G proper defense, Holmes trusted himsel
= to their sense of justice.
It In reality Holmes has no defense
n The commonwealth has presented NJ
Is direct proof that Holmes murderer
Pietzel. Their chain of circumstantia
IS evidence even was not as strong as wa
t. expected, and but for the admission
W at various times of Holmes himself, tn
~ district attorney would have mos
u, difficult task in proving the charge
'u 1t was expected that the case woul
SO be sensational in the extreme, but aftC
ol Judge Arnold ruled out all the ev
IL dence bearing upon the murder OF tn
&c Pietzel children, the most ghastly fe;
CT lures of Holmes series of crimes wei
VI eliminated. Instead of furnishing an
'r sensation, the trial itself has been {
VI dull and uninteresting to the spect
he tors in the court room as the majorit
~ of ordinary murder cases are. But tv
incidents out of the ordinary ha'
as broken the l.onotony of the procee
w. ings. These were the appearance upC
er- the witness stand of Mrs. Pietzel al
NV her pathetic tale of her journey wi
iu' Holmes and the tcstifying against t
nc prisoner of the girl that he deceiv
.ne into believing that she was his leg
.on wife. The closing arguments and t
W 'al charge of the judge will probably &C
III sumo the better part of to-day, but t
es- case will in all likelihood be given
,o,- the jury this afternoon.
aoa. DR.. Henry Lehman, an expert che
'oS o list, took the stand Friday and describ
@' the different effects upon the hum
3, body of chloroform taken interna
,''., '' and inhaled. Mr. Rotan put the W
,o. ness through.a close line of eXamil
, ,>n ton tending towards sustaining
49,, theory of the defense that Pietzel &C
~. -, mitted suicide. He brought out SO
la,, ," points favorable to this theory, but
,,Hn t the meantime the testimony Of
- Leffnan was adverse.
! ~ Mr.. Rotan stated to the court that
;Jst wished to recall Miss Yoke for the p
,om pose of proving the marriage betw'
q u herself and the defendant. She sta
Io,. that she was married to the defend
hot in the city of Denver on January
,red 1894 She was asked if she knew of
,.,t existence Of the woman at Willamt
and said she did, although continu
,rtb she said she did not remember if
nrs. knew that she was called Mrs. Holm
ool,. She said she did not know us Holl
was ever told her marriage ceremony
performed between him and any OF
nth woman Miss Yoke said that she ne
,ess knew of the Willamette marriage,
that in reply to Mr.. Graham she said
anv she had learned that Holmes he,
ID It wife in Gilmanton, n. II.
tzel. Miss Yoke said she never would i
t of married Holmes if she had not
was posed that she was becoming his !,
wing wife. Then Miss Yoke related the
lila ceptions practiced upon her by Hol
who to secure her hand. Mr.. Rotan
rried exception to the story, but Judge
t the mold would not sustain him. Du
place the recital Holmes looked much dis