The World. [volume] (Martinsburg, W. Va.) 1891-1896, 1892-06-11
HISPLEA WON'T WORK
SMOOTz'S DEFENSE Is EVIDENTLY
VERY WEAK.
THE BRUTAL SLAYER OF MISS FER
RELL WORKS HIS PLEA OF IN
SANITY WITHOUT EFFECT.

SANITY WITHOUT EFFECT.
Special to THE WORLD.
CHARLES TowN, w. Va, June H.
1t is evidently a settled matter that
Smootz's attempt at insanity has
failed to bring about the desired effect.
He has worked his plea well, but not
sufficiently to accomplish his ends.
Excitement here is growing more in,
tense, and the people generally be-
coming more anxious to know the final
outcome. Smooth remains in his
would-be-style of ..unconcernedness, ?
probably for effect; but, the general
impression is that he will fail even in
this. The deed was brutal and das-
tardly one, and for which the prisoner
should pay the just penalty.
Since yesterdays last report in the
Smooth trial, witnesses have testified
as follows: j. S. Myers, agent for
Deering binders, was put upon the
stand by the State. His evidence in
effect was that Smooth was a bright,
clever man.
J. J. w. johnson testified that
Smooth had fearful temper. Con-
sidered him always saneNand has not
seen any change in him. Witness had
seen Smooth twice on the street, about
ten minutes before tragedy.
T. w. Stingley knew prisoner well.
Met him in post Office about Ii hours
before the shooting, but noticed moth
ing in his manner that showed any
signs of insanity Never heard him
speak of Miss Terrell. ,
H. H. Cooper had known Smooth for
about two months before the affair.
Thought prisoner a man of sound
sense.
Jacob Wintermyer thought accused
o sensible man and noticed no change
in him.
BENZ. Hortzell testified that prisoner
had been in his employ at the railroad.
Had considered accused entirely sane.
Spoke to witness about Miss Terrell.
Said Smooth had met him on the street
and intimated that he had been too
intimate with Miss Terrell. Smooth
told him that he had been to Hagers-
town, Md, and that they would not
let him see Miss Terrell, and he would
circulate the above report, if they
would try to prevent his marriage with
her. About two or three months later
witness heard the report rumored
about. Witness considered Smooth
perfectly sane.
Fred Wiltheimer had known Smooth
all his life. Had conversation with
accused in Hagerstown and Shepherds
town about Miss Terrell. Smooth told
him in Shepherdstown that he was
very anxious to marry Miss Terrell,
and intimated the same that he had
said to Hortzeu. Smooth further said
to witness that unless he was married
very shortly he would send himself and
her to hell -
The defense asked the court to strike
out this and Mr.. Hortzell's testimony
Court over ruled the motion. Defense
waived the objection,
On cross examination witness was
asked to state the conversation in full.
Witness said he did not care to repeat
the conversation throughout, but
stated that the same he gave in his ex-
animation in chief.
Rev. J. R. Van Horne met Smooth
ON the street on the 2lst of September.
Smeotz called him aside and asked
witness whether he had heard of any
trouble between him and Susie, and
that he could not see the girl and
wanted witness to arrange an inter
view for him with Miss Terrell, Wit
ness refused and declined to have any
thing to do with the matter. He con
sidered accused perfectly sane. Wit
ness had observed him closely and saw
no change in him.
Jacob Terrell, grandfather of the
deceased, testified that none of his
family made any objection to Smooth
visiting the house. At this point both
sides rested the case.
The defense yesterday introduced
the following correspondence. When
the letters were offered by the defense
the States attorney objected, and
Judge Faulkner took the admission