The times., 1899-09-25
SMELL soon TO Be TRIED
His Is The First Case on the October
Criminal Docket.
The Man Alleged to Have Murdered
Lizzie Weisenberger to Be in Court
Two Weeks From Today - Others
Who VIII Answer Serious Charges
-keickhoeffer and AIlender Cases.

The opening of the October term Of The
Supreme Court of the District is looked
forward to with great interest by the men,
lie, not only because of the desire to learn
who viii be appointed to succeed Justice
Cox upon the bench and other changes
which may follow, but also on account of
the large number OF important criminal
cases that viii be called for trial as soon
after the court conyenes as practicable.
On the criminal side of the court the first
case which viii be called for trial is that
OF Benjamin H. Smell, who is charged with
the murder OF little Lizzie Weisenberger,
on August 6 last, at her home on the Ben
ming road.
Public opinion demanded that Smell
should be put on trial but the juries in the
criminal courts had been discharged for
the April term and there was no way of
bringing him to trial. The matter vas
referred to District Attorney Davis, with
a view Of having a special jury empanelled
to hear the case. He stated that this was.
impossible as the law governing the trial
of criminals in the District made no pro-
vision for the assembling of special iu-
ries. The grand jury for the District, how
ever, was in session, and on the Friday
following. five days after the murder vas
committed, Smell was indicted for the
crime. District Attorney Davis then or
dered that Smell should be tried imme
diately upon the empanelling of the petit
juries for the criminal business OF the
October term Of the court.
The October term OF the Supreme Court
OF the District will commence on Monday
next, and one week from that day Mr.
Davis has been ordered that Smell be call
ed 10 answer the charge of murder. 1t
was expected that Smell would be called
TO trial during the latter part of the open
ing week of the October term of court
but as the juries are not generally com
pleted until nearly the end of the week
this was found impossible, because of the
rule that persons to be tried for a capital
offence shall be furnished with list of the
jurors two full days before being put on
trial for their lives 1t is understood that
Charles H. Turner will defend the pris-
oner.
Another case in which the general pub
lie is interested is that of Frank Funk
who is charged with the murder of Will
liam H. Brooks in the northwest part Of
the city over a year ago. Funk will be
defended by Messrs. Newton c. Price and
D. w Baker, the latter OF whom was for
several years and until recently connected
with the Office of the District Attorney
Since Funk has been arrested and brought
to the city he has continued TO assert his
innocence of the charge against him, and
further has intimated that when he is
caHed for trial he will create a sensation
by the developments he will make 1t will
be remembered that after his arrest he ad-
mitted having been at the Brooks house
on the afternoon that Brooks was murder
ed and robbed. He further stated that he
saw a certain colored man there who had
been working at the place repairing a
chimney few days before, and that Mar
tina Brooks, one OF the murdered mans
daughters, was also In the house at the
same time. He also admitted having Sc
cured the money, about s1.s00. of which
Mrs. Brooks was robbed, but said that he
got this from Martha Brooks in a park
at Twenty-frst Street.
After Funk left the city the police found
his old clothes in down town hotel, where
he had left them after donning new suit