The times., 1899-08-14

BENJAMIN H. Smell, who will, il is ex-
pected. be today indicted for the murder
Of Lizzie Weisenberger, when arraigned
viii plead not guilty and make plea OF
hereditary insanity as an excuse for the
deed be committed At least this is the
impression CLEANED from what was said
yesterday by his brother, c. ". Smell,
who arrived from Georgia Saturday.
There is a striking resemblance between
C. W. Smell and his brother both in the
matter Of size and features. Mr. Smell
weighs about go pounds, while his bro
ther who is in jail is said to be about ten
pounds heavier. 1t would be easy to tell
that they are brothers or at least very
near relatives. A circumstance which in
creases the general resemblance is the fact
!. that their boards are worn in the same
style, the only difference being that Mr.
SHELLS side whiskers are cut a trifie
shorter than those of the prisoner. They
both have clean shaven chins and throats.
Mr.. Smell said that as soon as he ar
rived In the city Saturday he went direct
to the jail TO see his brother. The inter
view, he said, was very painful, and his
brother seemed greatly affected. He is
very much depressed. said the brother,
and what makes il more pitiful is the fact
that he does not seem to remember any
of the circumstances Immediately sur
rounding the horrible crime with which he
is charged
In discussing the circumstances at
tending the killing of the little girl Mr..
Smell stated that his brother had told, as
has heretofore been published, that the
only thing he remembered Of the whole
affair was being pushed out of the door by
some one, but whether this was before or
after the murder OF the child he is not
able TO say
In speaking Of his brothers defence, Mr
Smell stated that as YET nothing definite
had been decided upon. Attorney Charles
H. Turner called at the jail yesterday at the
request OF the prisoner, but whether or
not he had been retained is not known No
matter what member OF the local bar is
retained for the defence Mr.. Smell stated
that in all probability, on account of the
nature Of the plea. il viii be advisable TO
also retain an attorney in Georgia TO in
restigafe the matter at the home OF the
prisoners parents.
Before coming to Washington Mr. Smell
said that very little was known by the
members Of his family concerning the cir
cumstances Of the killing OF the child. Sew
eral kilograms had been sent him and othe:
relatives by Mrs. Smell, the prisoners WIFE
but these contained no details. However
two or three days later, when more Of the
details were published IN the Georgia pa
pers and the atrocious character of the
crime became known 10 the prisoner g
mother she exclaimed:
Ben is crazy now: that makes the third
that has gone that way"
In explanation Of this remark by his
mother, MI Smell said that he knew that
one Of his grandaunts had become insane
and 1ad died in an asylum, and while he
could not recall sny others who had died
III this way, stated that he had heard his
parents say that four OF the family had be-
come mentally unbalanced. For looking
up this part OF the family history, Mr.
Smell thinks Il VIII be advisable 10 retain
q home attorney.
II all that he has read in the newspapers
fs true Mr.. Smell said he believes that il
vii be very hard 10 save his brothers life
The details given. he said, paint it as e
most horrible crime and II the reports are
subsiantiated he thinks IL would be very
hard 70 even get a recommendation for
mercy or verdict Of guilty without capi-
tai punishment"
MIR Smell intends 20 remain in the city
until Wednesday and then return 10 his
home ~ the South. 1t is very probable he
said that II will be arranged TO take his
brothers family 10 Georgia as soon as pos
Eible. IL Is pretty well settled that his
brothers children viii soon be sent South
Mrs. Smell will. however, he thinks. remain
here al least for some time TO be OF what
assistance she can 10 her husband. In the
event that she decides not TO go South, Mr.
Smell stated that in all probability one Of
his brothers viii come 10 Washington and
remain until after the trial in October.