The times. [volume] (Richmond, Va.) 1890-1903, 1896-03-05
II. II. HOLMES MUST HANG
THE >UPREME COURT OF PENNSrL-
CANIf sUsTlINy THE VERDICT.
rhe P,isoper Had Tayors shown Him
which He Had No Right 10 Ask'
Miss Yoke's Testimony.

Miss Yoke's Testimony.
PHILADELPHIA. PA. March 4.-lhe
STATE Supreme Court this morning a'lr"''
cd the verdict Of murder In the hrS' "'
,,ree in the case OF Herman W. Mudse''
alias II. II. Holmes. found guilty IN the
Court OF oyer ard Terminer' OF TINS c''''
n the murder Of Benjamin r Pitezol'
The opinion. which was delivered by
Justice Williams. overrules all assign
roents OF error and aflrms the juus-
,cent Of the lower court. u holds tna'
no substantial error was pointed OUT anu
that the evidence fully sustains the VET
d!ct. co,nuel
r,uVer samuel =. Rotan, 81 CO
for Holmes this afternoon CONVEX '' mn.
Gndinrs Of the court 10 ms vheh.. -,
roceu. action Of Holmes IN reyues,.i,s
Archbishop Ryan, OF the roman o,,d
church TO send clergy man 10 NM -
fhe subsequent visit 10 the eonu,''''' 80
wan Of Rev. Dr. +. j. Daley r,o, -
the Church Of Annuncialoh' - -
80 indicqte that Holmes gave UP -
a.
,is,o, of the Supreme Coui Wa 49, -,
t,n1,'o Now that the highest u.oIhai
=. ,ro state has decided that the aheseu
s',,,cr Of Ptezel shall hang, the visits ID
f,atbor DALEY will probably be niaue
regularly. 100
District Attorney Graham. VINO pro1e
cufed Holmes. IS authority for the state
rnent that the case cannot be appea'eI
10 the United states Supreme court anu
tho decision Of the state Supreme court
is final.
THE OPINION.
I, Tho onln;on Justice Williams says:
'This IS a vOlumiuous record. I'm eN-
animation of II shows that the trial Of the
defendant furnished some uniooked-ior
situations and dramatic incidents, but no
one OF them seems to have been the re-
suit Of anything Irregular or sensational
in the manner of ruling of the learned
trial Judge lJuGpe Arnold. on the other
hand. Il is apparent that they were due
TO the extraordinary character Of the
circumstances with which the defendant
| has surrounded himself and 10 his inter
ference with the usual methods OF tho
trial. Indeed. the assignments Of error
although thirteen In number. have been
! intended 20 raise no questions except such
as may be characterized as general ques-
lions Of law
The first, second. third. and fourth as
signments relate 10 the admissibil.ty OF
The testimony of Georgianna Yoke. who
w0s called as a witness by the Co.n,non-
wealth. and whom the defendant alleged
to be his lawful wife. At the time this
witness was called there was evidence
before the court showing that the defen-
dant had an establishment OF some SORT
az Williamet in the State Of Illinois
which was known al least TO some Of his
accua.ntances as his home where. as
I r. II. Holmes. he lived with woman
who was understood to be his wife There
was nothing in the name Of the witness,
and there was nothing Isl her testimony
when she was first on the stand. TO sug-
eest that she was the wife Of the prison
er An objection to her competency. taken
when she was first called and examined.
would have had nothing on which TO
rest. .
MISS YOKES TESTIMONY.
81 late stage OF the trial she was
recalled by the defendant and examined
/ upon this subject. She then stated that
! she had been married 10 the prisoner by
( n clergyman in the city Of Denver i'm
/ January 1894. but that she learned before
/ MS arrest that he had been married
some time previously TO a woman Uv-
( ing in Gilmanton. y II whom she un-
/ derstood 10 be still living. She had
4 heard still earlier Of the woman at VII
namet. but aid not understand that
/ Holmes had been lawfully married TO her
! The witness was apparently satisfied that
her marriage was not valid, and she had
resumed the use of her maiden name.
As she was competent prima face when
/ called and examined. tho burden Of show
| Ing her inrcmpotrncy was on the prison
/ or, who alleged it, The testimony Of
| Miss Yoke 10 which We have lust re-
ferrcd' was given for that purpose. and
| IL was al the evidence upon that sub
/ jet. The fair effect OF II was TO show
l tfat 40 legal maria &c had taken place:
{ mat Miss Yoke had been cruelty deceiv-
cd. ana ihat the legal wife Of the pIis-
/ oncr lived at Gilmanton y. II. The learn
| ed judge would have been justified IN
doing what the prisoners counsel COM
| plain that he did not do. liz: Treat this
| question or competency as a question Of
law and ovcrrule the objection 70 her
testimony at once What he li1 was
! more favorable 20 the prisoner than he
had a right to ask. Ge submitted the
| question Of the legality Of the marriage
TO the jury. nstructinE them that III they
found 1t TO be valid they should reject the
/ testimony of the witness altogether.
UNUSUAL ADVANTAGE.
We don't see how the prisoner can OK
poet successfully TO complain Of rui-
ing that gave him one mere chance ~.
favorable decision upon the question Of
the competency of the witness that no
had a right 10 ask"
The other weii-known features Of the
q
Lawyer Rotan said this afternoon. af
ter learning the decision Of the cour,.
Il am sorry that we failed. but what
course we shall now take will be de-
tefmined upon at conference with ny
assistant IN The case attorney Monn)
and It Is too early 10 discuss that point. -