Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-06-11
EVIDENCE ALLNlN.
piRsUNESS m Tss SMOOTH MURDER CASE
BEGIN FRIDAY.
Letters Written bT he Prisoner 10 Various Pecple
B,smirch Mss RsrrslIs Character.
Evidence That BE Was not In
sane-Cop@ Of Lsiisr&


Ing. When the letterSAWere ouered ~
the defense, the states Attorney o.
iected and Judge Faulkner took the ad-
mission under consideration. The ruiz
ing OF the Judge upon their admission
after consideration was that they are
admissible only as evidence insanity
and not as 20 the statements contained
An them and for no other purpose would
they be proper evidence. A letter 20
Chas. Terrell is OF such a nature - 70
render it unfit for publication, the
others are as follows;
Mss FERRELL's LETTER TO SMOOTH.
HAGERsTCwN, Nd,
X Monday, July 90, 1891.
Harry
81 am not going TO write a letter.
feel in no condition since have receiv-
ed yours 20 write or do n[hing else.
IL Is impossible for me 70 Nome home
this week and promised N's. Net 20
make something for her. E(Hn n had
not ] could not come heeauae they are
not thinking Of my coming home.
I have no excuse and ] do not
WANT any. do not want 70
come Nome. &c want 70 see my dear,
loving, trusting mamma. Aia b. can
sympathize with you, because she only
asw how I treated you, but never how
YOU acted with me. She is the one TO
give You advice. Look how she treated
and talked about Mr.. Eichelberger.
never will curse God and die, no matter
What YOU do; never. He is my Maker,
NV Saviour, and I have found
out that people cannot die when
thew want. There are things thousand
times worse than death. Carrie did not
tell YOU sam King was coming, because
he is not. She does not know when he
Is coming: not for long time. Please
excuse writing. I am so extremely ner-
vous and can scarcely sec for crying.
Carrie has gone out. l could not 60
did not feel able. SUSIE
"Chds. Fe7Tell, Esq.
SrR:-I have sent three copies OF this
letter 20 Hagerstown TO three different
partles and distributed five copies In
Shepherdstown. You should have
zone little more mild for what this
al. F. SMoorz."
In this letter was enclosed the one
Improper TO publish.
Letter to Frank Mcdaniel, Sheherds-
town, w. Va.
80 Former Friend:
"When YOU read the enclosed letter
which is a copy OF one sent Mr.. Chas.
Terrell you will perhaps say It is lie,
bot as coming from me on my dying
bed I would say the same that l have
written and / have sworn before God
and man that the letter is true. /
offered to marry Susie which was
the only thing l could do TO right the
wrong I had done here, but they would
not listen TO me, aud have driven me TO
my death and forced me to do what
have done. Pray for me, and may God
prosper you In every way.
"H. f. SSIooTz."
~ "HAGERsTOwN, Nd.
ITO Miss Rose Cost
= 'LADY-Enclosed ind copy Of letter
written by me TO the father OF Susie
rvFerrell, and as coming from dying
man. I have sworn before God and man
Evhat which I have written in the letter
IS true. Il. +. SMOOTH.
Smooth had no acquaintance with this
dy.
"SHEPHERDsTowN, W. VA.
$50 Ecu. J. r. VdnhOrn:
copy Of the letter sent to Chas. Fer
rell, which I have sworn before God and
man, is true. ID. r. ;.
Each OF the last three letters contain
ed a COPY Of the letter to Charles Fer
rell. The letters were not read 20 the
Jury, but copies were given them. After
the Introduction OF the letters, the de-
tense rested its case.
In rebuttal OF the plea OF insanity the
state introduced fifteen witnesses who
testified substantially that they had
seen and conversed with him frequently
during the six months prior 10 the
homicide; that they had noticed nothing
strange nor unsettled In his condition
or conversation. They regarded him q
sane man.
BENJAMIN Hartzel testified to con-
VerSation with the accused before the
homicide, In which he asked witness II
he had not seen prisoner in a cOmprO-
missing position with Miss Terrell. Wit
ness told him he had not. Accused
said:e 81 thought II you had you would
say so, and that would give me hold
on them to let her marry me, and II she
does not marry me l will circulate re-
ports injuring her character.
Witness did not believe accused.
4. l.. Weltzheimer narrated CONVEX
satlOn with the prisoner last fall when
prisoner said be had been intimate with
Miss Terrell and that he wanted 70
marry her and she wished 70 marry him
, but her friends interfered. Accused
said he was going to have the matter
settled before long and II he could not
I mar-v her be would send himself TO h
ant II too.
= Ger severe crOSS-eXaminatiOn the
w,thess said be did not like to tell
every statement of the prisoner, be-
cause they concerned her character.
Witness did not believe these state
ments.
Rev. j. r. Vanhorn testified to a con-
versation With the prisoner, when the
prisoner said that he and Miss Terrell
had met with a misfortune.
Witness replied he did not believe il
and II IL was true time would tell and
then perhaps her parents would consent
Ito the marriage. Accused said he
would not marry her then. Witness
declined to intercede for Smooth with
her parents. Witness said he believed
81 accused sane 40 that time.
n Defendants counsel moved 70 strike
out the testimony In tho case. Argu-
ment will begin tomorrow. Public in
>, terest in the case has not ceased and
the crowd to-day was probably larger
than any former day. SmoOtz was at
7 tended 10 Court by three brothers and
n three sisters and Rev. Mr.. Deck OF Hag-