The World. [volume] (Martinsburg, W. Va.) 1891-1896, 1892-06-11

the jury which were allowed by the
court. The defense offered twelve
Instructions, eleven of which were al
lowed, one being modified by the
court. F. W. Brown opened the ar
gument for the State at 9.55. He said
that the case was for its enormity I'M
riveled in the annals of the State. He
called the attention of the jury to the
fact that the lazy calls for a life for a
life. He explained the instructions of
the defense, referring to the different
degrees of punishment. He said he
regretted the presence Of the ladies as
he proposed to handle the case without
gloves and show the enormity of it, rs
he knew it. He took up the different
points of the evidence and touched on
them lightly, and showed the premedi-
tated plan Smooth had laid to force
Miss Ferrell to marry him or ruin her
reputation.
He showed that Smooth had sent let
tiers to New York and Hagerstown pa
pers that were to be published, and
thereby ruin Miss Ferrell's character
forever, if Mr.. Chas. Terrell resented
the horrible scurrilous letter he had
received. Mr.. Brown mentioned the
threats against the life of Miss Terrell
that Smooth had made after he had
found that his plan to force her into a
marriage failed. He then described
the tragedy and the evidence given on
that point. He forcibly showed the
agony of mind that Miss Terrell suffer
ed while Smooth was holding her. He
brought out the point beautifully and
the jury felt it. Some of them APP
peared deeply affected Mr. Brown
then touched on the question Of insani-
ty and said that the world would be a
big mad house if this definition of the
defense of maniac was true.
Later $50 p. m.-Capt. Geo. Baylor
opened the case for the defense by
asking for calm and unprecedented
consideration Of the case. He cited
eases Of persons taking the lives Of
others while insane. He mentioned
:
particularly the case Of lady killing
d gentleman in Washington City
having become insane by love, and
the lady was set free. He said that
murder could only be committed by a
person of unsound mind with deliber.
ate fixed purpose, and the law only
viewed it that ain insane person would
not be responsible for his acts.
He then proceeded to define insani-
ty and delusion He read authority
on the subject of insanity which show
ed that homicidal monomaniaes were
always rational on any other subject
and We're wonderful in the way they
went about accomplishing the aim Of
their mania. Capt. Baylor then spoke
of the young lady in gentle, glowing
terms, and made one of the cleyerest
argumentsqthat has ever been made in
this court. He showed distinctly that
there was no malice in the affair, and
that all the evidence tended to show
that theprisoner was unsett ed in mind.
viz. by not leaving town when he was
warned to go; by Chas. Terrell not re-
senting the letter, but receiving it as
a delusion of an unsettled intellect;
and by the repeated statements. of
Others as to Smootz's behavior; by
Smooth writing such letter as he did;
by his refusing to retract at the point
of pistol. Capt. Baylor's appeal for
justice and his argument clothed in
eloquence, brought the moisture to
many eyes. His speech was strong,
throughout, and considering the feel
ing against his side and the evl-
dence, it was the ablest ever delivered
here.