The daily morning journal and courier., 1895-11-02

that is, according to evidence.
 There had been great deal of matter before the jury that would create feel Ing against Holmes, and give an insight into his general bad character, though not too much of that had been shown. As the case stood then, 1t seemed that Holmes might be convicted because of his general bad character,
 It was expected, however, that Holmes would take the stand in his own behalf and attempt to make an examination and in the effort convict himself, MISS YOHE RECALLED BY THE DE-
 TENSE.
 At the request of MT. Rotan, Miss Yohe was called to the stand again, this time to help save the man whom yes terday she forced closer to the gallows. To Mir Rotan she said she had been married in Denver, in December 1894, by the Rev. MT, Wilcox.
 "At the time of the marriage did you konw of the existence of this Willamette woman?"
 q believe I did" Did you know that she was known as Mrs Holmes? ?" q don't remember" She did not look at Holmes as she answered the questions. Holmes gazed at her steadily with wide open eyes. Did Holmes ever tell you that he was married to the Willamette woman?"
 q don't remember he said there had ever been any legal ceremony" And .l,n T l +, of Willamette marriage"
 But she said to District Attorney Gra- | ham that she had heard of another mar riage, one to a woman in New Hamp- shire She had talked with Holmes about it.
 What excuse did he give his own | family for having married you?" asked 1 Graham.
 q was mot with him when he visited I his people," i She had heard what he told his sister about her and how he came to marry l her.
 His sister told me he told them he | had been injured in a wreck and had | been in a hospital long time, and I was a patroness of the hospital, and that I had influenced the physicians to | perform an operation that saved his | mind, and that I had married him be- l fore he realized who he was: that he | had gone to meet his father and mother. | When I repeated the story to him." she l went on, "he evaded it by saying he had received word that the woman in | Wilmington was dead" l q do not know that he ever explained to me why he told me that strange l story. He had never been in a wreck | that I know of. I had never been the patroness of a hospital. No part of it was true so far as was concerned"
 The district attorney then pressed her l to tell of the deception that Holmes had practised on her in order to get her to marry him.
 He told my mother that property in 1 the south would come to him if he took | the name of his uncle, which he did, as H. M. Howard. He said the proper | ty was in the south and west and in | Fort Worth, Tex. He told me he had onyl one relative living and that was an aunt in Africa l She said that when she and Holmes were in Fort Worth, Tex, he had as stunned the name of Pratt, after telling | her that because squatters had taken | possession of the property it was neces- l sary for him to pass under an assumed name in order to avoid trouble with the squatters.
 | When court reconvened at ? o'clock MT. Rotan, addressing Judge Arnold 1 said that they were satisfied that the l J4l. 1.a case and that there was a reasonable doubt from the evidence that Pietzel was killed in the house at 1916 Callow- hill street.
 MT. Rotan asked the court to either discharge the prisoner or charge the jury to acquit Holmes. MT. Graham said MT Rotan's request 1 was so ridiculous that he would not even reply to it, and Judge Arnold re- fused to make a rule discharging the prisoner and said that the case must go to the jury.
 MT. Rotan then asked for a recess for two or three hours, saying that he and his colleague had not had time to con- suit with their client and arrange the line of defense
 
 quest, stating that the defense must either proceed with their side of the case or allow the case to go to the jury.
 MT. Rotan then asked and was grant ed permission to speak privately to the judge.
 After a whispered converse ton be- | tween Mir Rotan and Judge Arnold the latter announced that a recess of half an hour would be taken, the court to reconvene at o'clock MT. Rotan and MT Shoemaker re- turned to court at 3:15 o'clock and held a five minutes consultation with Judge l Arnold and MT. Graham, at the con- clusion of which the judge directed that Holmes be brought back to court. Be- fore the prisoner was brought in it was announced that the defense would rest it's case on the commonwealths testi- l mony.
 Holmes was brought in directly and although it must have been a trying moment for him, he showed no evidence of discomposure.
 MT Rotan stated to the court the conclusion he and MT. Shoemaker had arrived at.
 He said they had arrived at this con- clusion because lack of time prevented I,.iy1 to Fro-.