Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-03-05
HOLMES is TO DIE.
Ills Sentence Affirmed BY the Court o.
Last Resort.
EXTRACTS FROM TIRE DECISION
The Testimony of Miss Yoke ana
the Leniency of the Trial Judge
with Reference to It's Competency
Other Points.


State Supreme Court this morning az
frmed the verdict OF murder in the first
degree in the case of Herman w. Mud
eett alias II. III. Holmes. found guilty In
the Court of oyer and Terminer. of this
city. OF the murder OF Benjamin 4.
Pietzel.
The opinion, which was delivered by
Justice williams, overrules all the as
signments OF error, and affirms the judg-
ment OF the lower court. 1t holds that
no substantial error was pointed out, and
that the evidence fully sustains the ver-
dict.
Lawyer Samuel p Rotan, Of counsel for
Holmes. this afternoon conveyed the md
ings of the court to his client The recent
action of Holmes In requesting Arch
bishop Ryan, OF the Catholic Church, to
send a clergyman to him, and the suose-
ouent visit to the condemned man OF
Rev. DIR. p. ]. Daley, rector or the
Church of the Annunciation, is believed
to indicate that Holmes gave up hope OF
securing new trial before the decision
OF the Supreme Court was made known.
Now that the highest tribunal In the state
has decided that the alleged slayer Oh
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
10 the United States Supreme Court. so
the decision of the State Supreme Court
Is final.
THE OPINION.
In the opinion Justice Williams says:
This is a volumnous record. An exami-
nation of 1t shows that the trial OF the
defendant furnished some unlooked-for
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 (Judge Arnold). On the other
hand, II is apparent that they were due
to the extraordinary character OF the cir
cumstanccs with which the defendant has
surrounded himself, and to his interfer-
ence with the usual methods Of trial. In
deed, the assignments of error, although
thirteen In number have been intended
to raise no questions, except such as may
be characterized as general questions OF
law.
'The first, second third, and fourth as
signments relate to the admissibilty Of
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
before the court showing that the de-
fendant had an establishment OF some
sort at Williamet. in the State OF Illinois.
which was known, at least, to some OF
his acquaintances. as his home, and
where H. II. Holmes lived with a woman
who was understood to be his wife. There
was nothing In the name Of the witness,
and there was nothing In her testimony
when she was first put on the stand, to
suggest that she was the wife of the
prisoner. An objection to her competen-
CT, taken when she was first called and
examined, would have had nothing on
which TO rest.
"At late stage OF the trial she was
recalled by the defendant and examined
upon this subject She then stated that
she had been married to the prisoner by
a clergyman in the city of Denver in
January, 1894, but that she learned be-
fore his arrest that he had been married
some time previously to a woman living
In Gilmanton. n. H.. whom she under
stood 10 be still living. She had heard
still earlier OF the woman at Willamet
but did not understand that Holmes bad
been lawfully married to her. The wit
ness was apparently satisfied that her
marriage was not valid, and she had re-
s..med the use OF her maiden name. AS
she was competent, prima facie, when
called and examined. the burden of show
ing her incompetency was on the pri-
soner who alleged II. The testimony Of
ferred, was given for that purpose and
II was all the evidence upon that subject
The fair effect If 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. ~ II.
FAVORABLE TO PRISONER.
"The learned Judge would have been
justified in doing what the prisoners s
counsel complain that he did not do
viz. Treat this question of competency as
a question Of law, and overrule the objec-
ton to her testimony at once What he
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 jury, instructing them
that II they found II to be valid they
should reject the testimony OF the wit
ness altogether. We don't see how the
prisoner can expect successfully to COM
plain of a ruling that gave him one more
chance for favorable decision upon the
question OF the competency OF the wit
ness than he had a right 10 ask
The other well-known features of the
case are discussed at length.
Lawyer Rotan said this afternoon, after
learning the decision OF the Court: II am
sorry that we failed, but what course we
shall now take will be determined upon
at a conference with my assistant in the