The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-03-05
HOLMES is BOOKED TO HANG.
THE STATE SUPREME COURT WON'T
ORDER 4 NEW TRIAL.

Justice Williams Fails to Find Any
thing Irregular in the Rulings Of
the Judge who Presided at the
TriaI-The Prisoner Given Every
Possible Chance in the Matter OF
the Testimony of MissYOke.
Philadelphia Pa. March 4-The state
supreme court this morning affirmed the
verdict Of murder in the first degree in the
case of Herman W Mudgett. alias II. II.
Holmes, found guilty in the court Of oyer
and terminer of this city of the murder
of Benjamin F. Pitzel.
The opinion, which was delivered by
Justice Williams, overrules all the assign
ments Of error and afhrms the judgment
of the lower court 1t holds that no sub
stantial error was pointed out. and that
the evidence fully sustained the verdict.
Lawyer Samuel p Rolan, of the coun-
sci for Holmes this afternoon, conveyed
the finding of the court to his client.
The recent action of Holmes i'm requesting
Archbishop Ryan Of the Roman Catholic
church to send a clergyman to him, and
the subsequent visit TO the condemned
man of Rev. DR.. =. J. Daley rector
of the Church of the Annunciation. is be-
lieved TO indicate that Holmes gave up
hope Of securing a new trial before the
decision OF the supreme court was made
known. Now that the highest tribunal
I'm the state has decided that the alleged
slayer OF Pietzel shall hang, the visits
of Father Daley will probably be made
regularly.
District Attorney Graham, who prose
cuted Holmes, Is authority for the state
ment that the case cannot be appealed TO
the supreme court of the United States,
and that the decision of the state supreme
court is final
In the opinion, Justice williams says:
This is a voluminous record. An eXami-
nation of ii shows that the trial of the de-
PENDANT furnished some unlocked for sit
uations and dramatic incidents, but no one
of them seems to have been the result of
anything Irregular or sensational IN the
manner of ruling of the learned trial judge
(Judge Arnold. On the other hand II Is
apparent that they were due to the extra
ordinary character of the circumstance
with which the defendant has surrounded
himself, and to his Interference with the
usual methods of trial. Indeed, the assign
ments of error, although u I'm number,
have been intended to raise no questions
except such as may be characterized as
general questions of law.
1.-THE first second third and fourth as
signments relate to the adinissibllity or
the testimony of Georgianna Yoke, who
was called as a witness by the common
wealth, and whom the defendant alleged
to be his lawful wife At the time this
witness was called there was evidence be-
fore the court showing that the defend
ant had an establishment of some sort at
| Williamet, in the state of Illinois, which
was known at least to some OF his ac-
1 quaintances, as his home, whereas II. II
| Holmes, he lived with woman who was
| understood to be his wife. There was
nothing in the name OF the witness, there
was nothing in her testimony when she
was first on the stand to suggest that she
was the wife of the prisoner. An objec-
| ton to her competency, taken when she
was first called and examined, would have
| had nothing on which to rest. At a late
| stage Of the trial she was recalled by the
/ defendant and examined upon this sub
! ject She then stated that she had been
| married to the prisoner by a clergyman In
! the city of Denver in 1894, but that she
! learned before his arrest that he had been
| married some time previously TO a Wo-
man living, in Gilmanton, y. H., whom shs
| understood to be still living. She had
| heard still earlier of the woman at Will
amet but did not understand that Howard
had been lawfully married TO her The
| witness was apparently salts
fed that her marriage was not
valid, and she had resumed the use OF
her maiden name. As she was compe-
! tent, prima facie, when called and exam
| ined the burden of showing her ncom.
/ potency was on the prisoner, who alleged
] il. The testimony of Miss Yoke, TO which
we have just referred, was given for that
! purpose. and it was all the evidence upon
| that subject. The fair effect of IL was
! to show that no legal marriage had taken
| place: that Miss Yoke had been cruelty
| deceived and that the legal wife of the
prisoner lived at Gilmanton, n. II.
THE learned Judge would have beer
] JUSTIFIED IN dong what tne prisoner
/ counsel complain that he did not do, viz
treat this question of incompetency as q
| question of law, and override the objec-
ton to her testimony. at once. what ne
| did was more favorable TO the prisoner
| than he had a right to ask. He submit
ted the question of the legality of the
marriage to the Judge, instructing then
that If they found it to be valid they
should reject the testimony of the wit
ness altogether. We do not see how the
prisoner can expect successfully to com
| plain of a ruling that gave him one more
| chance for a favorable decision upon The
| question of the competency of the wit
ness than he had right to ask"
The other we'll known features of the
case are discussed a length
Lawyer Roland said this evening or
learning of the decision or the court; =
am sorry we failed, but what course WE
shall now take will be determined later
and it is too early to discuss that point