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recovered." he concluded. In his final summation and again in rebutall to Elgin, defense attorney Peter Luke, while reviewing testimony of a string of witnesses, returned to one key point. "If you believe two witnesses, then this case is over." Luke told the jury, referring to testimony from Georgia Liston Daley and Sgt. Stephenson, the two witnesses at the execution of the will. They both saw Col. Holmes every day during his last stay in the hospital. Luke said. “They knew him and they talked to him. They both said he was of sound mind w hen he signed the will.
"Nurse Liston said she read the will (before signing it as a witness to Col. Holpies' signature)...What reason would she have to lie...lie, to perjure herself?" Luke asked.
Whith summations finished, the case went to the jury at about 5 p.m. The seven members retired to the basement of the clerk’s office for just a half hour or so of deliberations before being excused for the evening. Returning early the following morning. August 5, the jury signaled that it had reached a verdict at 11:30 a.m. ,
"I will not tolerate outerys of any kind." warned judge Robertson, before he asked foreman Dciier Knupfer for the jury's findings. "1 have contempt powers." the judge added.
Clerk Diane Bruce read that the jury found the alleged will to be the true last will and testament of Col. Earl Holmes. In turn, each juror affirmed the verdict that left the entire SI.8 million Holmes estate — at least for the time being — to Dr. Peter Neilson.
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