Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-02-03
HEARING HIS APPEAL
Another Page in the History Of the
Holmes Case.
BEFORE The SUPREME COURT
Argument Regarding the Evidence
on the Trial.
REVIEWING THE AFFAIR

PHILADELPHIA, Pa, February 3-An-
other page was turned today in the mani
fold misadventures of II. H. Holmes, mur-
derer. The supreme court of the state lis
tened to a long and tedious argument on
the appeal taken by the defense from the
verdict Of murder in the first degree, rem
dered last November.
Since that time the lower court refused a
motion for a new trial, the sentence
of death was passed upon Holmes
ard arrangements were set ON foot
to expeditiOUsly remove the extra
ordinary criminal from the face of crea-
tion. Even condemned. murderers nave
rights however, and Holmes lawyers
fought at every step. Today is next to the
last Should the court affirm the decision
of the jury Governor Hastings may be ap-
pealed to for executive clemency. and,
should he decline to interpose, then Holmes
must hang.
For some time prior to the opening of the
court at IL o'clock this morning. a big
gathering filled the room. Promptly upon
the stroke Of the hour the court, clad in
Its sable gowns. entered. All the judges
were present, headed by Chief Justice Ster-
rett. The others are Justices Williams,
Green, McCollum, Mitchell. Dean and Fill.
The commonwealth was represented by
District Attorney Barlow.
Samuel p Rotan conducted the opening
argument for the appeal, and associated
with him was r. o. Moon. William A.
Shoemaker originally the senior counsel
for Holmes who became involved in a
charge Of procuring the production 'f false
testimony in the case, did not appear.
Mr.. Rotan began the proceedings. First
he recited to the court the details of the
charges against Holmes, and the conduct of
the recent trial. In support of the aIpe al
1t was urged that the verdict was against
the law and the evidence. Upon the find
ing of the bodies of the PiteZel children
counsel declared, the commonwealth had
jumped to the conclusion that Holmes had
murdered PiteZel. although there was no
testimony to support such an accusation.
He referred to the unsuccessful applications
by counsel for a continuance Of the trial.
and their withdrawal as a CONSEQUENCE of
the courts refusal. They had wanted the
case postponed because they suffered from
a lack of funds and could not get oil their
witnesses. Eventually they had been oblig-
ed to go to trial practically without a de-
fense.
The most important fact dwelt uncn by
counsel, however, was the introduction of
Irrelevant evidence, regarding the other
crimes charged against Holmes, ;nd hav
ing no connection with the death of Z. +.
Pitezel, for whose murder Holmes was on
trial.
At the very outset. Mr. Rotan declared,
this tremendous error had been made by
.ddIess to the jury. when, because of their
temporary withdrawal the prisoner was
without counsel. In that speech Graham
went over all the outside crimes, and even
went far as to intimate that Holmes
had seduced little Alice Pitezel in the house
of Mrs. Alcorn, 1905 North 1ith street
where he afterward had his alleged wife.
Miss Yoke, or Mrs. Howard. All this
testimony was ruled out by the court " hen
offered.
The next point taken up was the testi-
mony of this Miss Yoke. The defense Oh
jected to this on the ground that she was
the legal wife of Holmes and could not,
therefore testify against him. The COM
monwealth. however, had gained its point
by claiming to prove that she was only
one of several wives and therefore COM
petent to testify.
In conclusion, the lawyer took up tie
charge of Judge Arnold to the jury, and
pointed out in it errors in expressions cal
culated to influence the jury against the
prisoner.
District Attorney Graham replied to Mr.
Rotan's argument. He took up the obiec-
ton to his opening speech to the jury, and
said that after the fullest review and con-
sideration, he had been convinced that every
particle of the testimony concerning the
other. crimes should have been admitted.
In overruling the motion for new trial, the
court mad said that it should have been adj
mitted. They were not separate affairs,
argued Mr.. Graham, but all were part and
parcel of a single crime committed upon a
iiuiHoci VI NiCt.mS. ANO iiidL cOulu take the
story in detail without feeling that every
act il this marvellous drama was linked to-
gether by single purpose, and to dsmem-
Der it would be to destroy it.
Mr.. Graham next dwelt dpon the COM
potency of Miss Yoke's testimony con-
tending that it had been proved beyond
question that she was not Holmes wife
He then took up every other question in
volved and argued them at much length
Mr. Moon made the closing address in favor
of the appeal.
The entire argument was upon the law
iSio