The times., 1899-12-27

killing Of Lizzie " r8~ruberger.
From now until after the New Year hol-
iday there viii be but utlc business in
the criminal courts of the District 1t
may he stated also that little if anything,
viii be done in either the circuit or equity
branches Of the Supreme Court Of the Dis
trict, until the beginning of the January
term, which Will commence on the second
day cf the month. The jurors which viii
serve in the different branches of the
court have been summoned by the marshal
and viii report in the respective courts
TO which they are assigned on Tuesday
next
There are nine prisoners in the District
Jail awaiting trial for murder One Of
these is Benjamin H. Smell, who is held
for the murder of Lizzie Weisenberger on
Sunday August 6, and whose case is TO
be taken up early next month, The cold
blooded brutality with which the crime
was committed excited public Indignation
at the time. and an effort was made to
have the alleged murderer dealt with as
quickly as the machinery OF justice would
permit. Smell was indicted for murder by
the grand jury for the District within five
days after the crime was committed, but
for sufficient and unavoidable reasons his
trial has been postponed from time to time
until now it is believed that il viii com
mence on Monday, January Is. Smell has
retained excellent counsel and will put in
the plea of insanity as a defence. On this
line, it is sta ed by his counsel that the
accused has strong grounds for acquittal.
II viii he proven, it is claimed not only
that Smell himself, for some months pre-
vious 10 the murder of Lizzie Weisenberg-
er, was suffering from what is known as
paralytic insanity, but that several of his
near relatives have died in insane asy-
lums. TIC great extent it was the gather
ing Of testimony to sustain these claims Of
the defence which has necessitaJed the de-
lay IN bringing Smell to trial
The circumstances surrounding the mur-
der Of Lizzie Weisenberger are no doubt
still fresh in the mind OF the public and
briefly reJold are: LizZie's parents are poor
and for a long time she had been staying
at the home of the man who murd sred
her Two or three days before the crime
was committed, for good reasons. Lizzie
resided on The Benning Road but a few
squares from Smell. who lived with his
wife and children on II Street, between
Eighteenth and Nineteenth Streets north
east. On Saturday. the day prior TO the
murder Smell visited the WeisenbeTgsr
home and eBdeavored 10 persuade the
child 10 return 10 his home and live with
him. Lizzie's mother was quite willing
that she should return 10 the Smell family,
- 4ar = u. - a
That was the last ever said about The nat
ter and on Saturday night Lizzie stayed
at home with her mother and sisters. On
the next morning, Sunday, Smell called at
the WeiseHbeTger home very early. II was
about o'clock and the children were not
vet out Of bed, Smell. when sS srriyed at
the Weisenberger's. met the father OF the
child at the door on his way TO a nearby
hydranr TO get bucket Of water. Smell
asked him The time OF day. and without
other words passed into the house
In the kitchen Smell saw Mrs Weisen-
berger preparing breakfast. When she
saw him she spoke and said Go away
Lizzie has told me all. At that moment
Smell was standing In the doorway which
led TO the room in which Lizzie Weisen-
berger was asleep. Without a word Smell
drew razor from his pocket. and step
ping to the side Of the bed upon which the
tul4u lay IL DtHi over utI- anu raising
her head with his left hand he quickly
drew the keen b.ade of the razor. which he
held in the other, several times across
the chIld's upturned throat Death was
almost instantaneous and she died with
out speaking a word
After committing the crime Smell tried
TO escape, but was overtaken beyond the
Benning Road Bridge, where he was cap
tured by posse of citizens and police.
When seen shortly after his arrest Smell
denied any knowledge or recollection of
what had taken place.
The other prisoners awaiting trial are
colored, OF which seven are males and
two females. One OF the latter is Mollie
Harris who is charged with being re
spOnsible for the death Of Isaac Henderson
whom she pushed down a steep flight Of
steps. and who died a few days after from
the injuries he received. The other is Ella
Wracks who stabbed another woman to
death In South Washington
II is understood that Charles Ormsby
who IS under Indictment for the murder
OF Charles Galway will be charged with
manslaughter when called to trial The
accused is now at large on bail in the
sum Of 5000.
In the equity branches of the Supreme
Court the most important matters now
under consideration are the telephone cases
argued some time ago before Justice Bar
nard. and the Standard Oil case, heard by
Justice C.. C. Cole. It is expected that
opinions will be handed down in these
cases during the month of January