The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1895-11-02


1891, and that shO know OF another
woman who claimed to bO his vile,
"What did Holmea toll his family to
excuse his marriage with YOU when he
had q wife at Gilmanton"
~ was not with him when ho visited
thsm."
"Dld his sister tell you what he said
TO her about IL"
"shs did. His sistor told me that
ho had told her he had heen injured in
q wreck aud lay a long time in u hos
pital; that | was pRtroness oil the
hospital, and had asked tho physicians
to perform Rn operation on him which
saved hii mind, and that had married
him before he realized who he was, l
never met the Gilmanton woman"
"Wheu you charged him with the
matter what did no say2
"IIo said he had received word that
she was dead"
"Was there any truth in tue story he
told your"
mot any truth"
"When you married him you bo.
lioyod you were becoming lawful
wiie2"
~ did"
"or you would no. have married
him2"
~ would not"
"Now toll what deception he used to
bring about this marriage. What did
ho represent"
"Ho told my mother that his unclo
had died aud loft him certain properties
in the south, the west and Ia Fort
Worth, providing he took his nncle's
name, Henry MancIll Howard. Ho said
he mad no relatives living except an
aunt in Africa. found that he had II
iathor, mother, two sisters and two
brothers. He explained hh taking tho
name OF Pratt in Fort Worth by saying
his business complications required it,"
Miss Yoke, at the conclusion OF her
testimony retired to the crier'S desk
and laid her mead in hcr hands on the
back OF chair. Then she was lod
from tho court room. Her presence did
not move Holmes to-day.
DErENsE's PECULIAR REQUEST.
During tho rcccs, Mr., Rotan, oil coun.
sol for the defense, stated privately
that thoro was strong probability Of
their closing their case to-day.
Immediately upon tho reaWombllng
OF court, however, their intention was
made manifest Mr., RotAn advanced
10 the bar OF the court aud said: "May
II please tho court tho commonwealth
has cloIed its case and We feel suro it
has not proven its case. II is In.
cumbent upon tho commonwealth to
provo murder beyond reasonable
doubt. They have not dono So"
Mr.. Graham snIlel broadly.
"rhoy have proved" continued Mr..
Rotan, "that these men came here TO
carry out fraud, but their testimony
docs not show that this man was not
killed by somebody else. /! may have
been suicide; II may lave bOeu \ kill
ing. but We feol auro undOr tho rulings
that there is u reasonable doubt, first,
as to whether Pietze was killed second,
as to whether the prisoner killed him.
They hayo not made out what tho law
calls corpus delicii They havo proved
that q body was found, but not that
ANYBODY killed it. Wa must therefore
pray that you take tho case away from
the jury or give them binding instruc'
tons"
"This Is so ridiculouq." intsrpoaed Mr..
Graham, "thAt decline TO argue 1t"
"This IL not tho timo TO mako rul-
ing" Judge Arnold decided. 81 express
no opinion. lhoIury must decide attor
they hOAr tho evidence.
"rhon," continued Mr.. Rotan, I'VE
mult ontreaL your honor to grant " a
continuance Of At least an hour In which
to decide upon n line Of defense. In
consequences Of tho lack oil tim1 to out.
line our course, aud tho vnlt quantity
OF new testimony introduced, We cannot
proceed without a! leaa. this brIet con-
tinuauce."
Mr.. Graham objected, saving whom
tho first motion for continuance was
maln counsel had pleaded that they
would 60 on II no evidence was intro.
ducei except that bearing on this
crime, and rs tho other matters had
been ruled out tho case ought to pro-
coed.
Judge Arnold told counsel thn. thoy
must mako tholr selection botwoOu call
ing witnesses or going to tho Jury on
argument alone, but after sldo bar
consultation, hu ordered q recess oil
hali an hour to permit thnm to confer
with tho prisoner on tho question.
HOLMES OFFERS 40 EVIDENCE.
It was a. minutes later whou Moinrs
Shoemaker and Rolan returned to court
and hold another whispered talk with
tho Judge ard tho dig,ric! attorney
This lasted for ten ninuios aud Ihon
thcro was an otior to bring tho prisoner
back TO tho dock. Whom thn casO was
nnaIly resumed II was $3.50 o'clock.
Meanwhile Mr. shoomaScr said pri'
vatOv that thOY had decided 10 call no
witnesses for tho doionsh but TO roat on
tho commemorative case.
Mr.. R1tan IN ,dc tho formal announce
monl to tho court momlnL Inter Ito
qaid; ION account OF or inability 10
bring number OF important witnesses
from othOr plnCOi, wO have, altor con-
ference with our Cllont. decided to pro-
sunt no testimony Whatever, lcoling
that tho commonwealth has not proved
ito caso. NO do this, howovGr, With
tho proviso that tho court docq not
hasten ui on with our spcochcs which
wo hnvo lnd no tmO to propnro' Wo
nsl, therefore that tho argument hopost'
pUnoi until tomorrow morning"
Judgn Arnold nskod District Attorney
Gtnhnm'a opinion.
"rhc cnl6 has clo1od,' roplod that
official, "and should prrinr ~ opon
argument In llln morning II viii not
til,c long. II IL easily argued"
",ypll,n said tina Judge, "Wo will hoar