The times., 1899-08-08


States District Attorney, Engaged
Counsel for the Accused-Ad-
ditionaI Details OF the Tragedy.
Benjamin Hill Smell, the slayer of Liz
zie Weisenberger, was held yesterday by
a cononer's jury for murder, and was re-
manded TO jail to await action by the
grand jury. An inquest into the death OF
the child was conducted by Acting Coronsr
L. W. GIazebrook, at Police Station No. 6,
and lasted from Il o'clock yesterday morn
ing to l2:45. at which time the jury Ie-
turned its verdict. The murderer sat
through the proceedings and heard half a
dozen witnesses tell the story OF his crime,
He made no statement. Not once did his
lips part in speech. Neither did he shed
one tear.
A crowd of morbid citizens. white
and black, men, women, ani chill
dren. began TO gather in New Jer-
sey Avenue in front OF the station
at an early hour in the morning. They
hoped TO get glimpse of the murderer
and perhaps by chance 10 gaze upon the
mutilated body Of The little girl. All who
could gain admission to the station en-
tered.
Among the early arrivals were the moth
er, father, sister, and brother Of the dead
girl Several solieitous neighbors came
with them. The first Of this party to en-
ter were Charles Weisenberger, the father,
and Mary. the mother. Behind them walked
little Henry, the ten-year-old brother 10
the deceased, the only living eyewitness 10
the crime. and Carrie, the ffteen-yea old
sister to Lizzie. Mrs. Weisenberger, Henry.
and Carrie were taken in charge by the
natron Of the station and Mr.. Weisenber-
ger was given resting place in the private
Office of Lieutenant Kelly.
The Murderer Brought In.
The sound of hoofs and wheels and q
murmur OF curiosity and indignation from
the crowd heralded the approach of Smell
The patrol wagon of No. station drew
up. Several policemen got out, and beAind
them came the massive, eumbrous form OF
Smell. BY his side was Policeman Pat
CreGgh, who captured ain. Policemen
forced a lane through the crowd and es-
ing within the squad room, he vas given a
seat against the south wall. His hands
were crossed and on his wrists were mana
cles. After he was seated his right les
was thrown lazily over his left He
glanced around the room once or twice,
but looked at no particular thing. His face
is "a. and his eyes are very small. This
gives to his face piggish aspect. He was
very untidy. but this was not unreasonable
as men VINO nave spent tweaty-four hours
IN a stationhouse cell are not. as a rule
weii-kept IN appearance On taking his
seat Everett l. Phillips, OF Detective Head
quarters, proceeded 10 take the measure
ments Of the man according 10 the Ber-
sfllion system Detective German recorded
the figures as they were called out by Mr.
Phillips Policeman Creagh stood at the
side OF The prisoner and other policemen
were near The room was full OF psople
and many faces peered through the window
which looks out upon an alley. BY the side
OF the acting coroner sat Assistant District
Attorney Shillington. A. q round table be-
fore the Coroner sat Charles p. Lincoln
and A. A Birney, representing the pTis-
oner
The jurors were announced as follows:
Frank J. Acker, Dr. c. b. Bond, Lewis
Holmes Rapps Davis W. T. koppen, and
w h Bowman. The jury adjourned 10
the morgue, where WilliaEi rhoneberger,
superintendent OF the E5.-~Es ?. withdrew
the body from the crypt that it might be
viewed By the jury. At II o'clock the
taking Of testimony Was begun. Every
nov ard then when a particularly revolt
ing detail came from a witness there were
muEmurs and suppressed ordinations OF
indignation or horror from some OF the
spectators
The First Witness.
The first witness was Dr. p. c. Melon
aid. He testified that he performed an au-
topsy on the body Of Lizzie Weisenberger.
He said the child weighed IS pounds. Her
undercIothes were saturated with blood
There were five wounds. Two OF these
extended across the throat either Of which
would have proved fatal. There were three
superficial wounds and a bTuise on the
akHll. X was MS opinion that the child
lad been physically alaltreateG by 2 man.
The next witness was Charles Neisen-
Berger. the father OF the murdered child.
lie passed directly in front OF the mrr-
eerer bet did not see him ir the crowd.
Sic said that Smell raped on the front
1oor at 6 O'Clock yesterday morning He
was in the kitchen. WeisenbeTger an
swered the door. Smell asked for water
There being none IN the house he went TO
the hydrant Returning he heard cries Of
murder and met Smell leaving the house.
He grappied with him but was shaken OF.
Smell Was covered with blood. During
this recital the prisoner sat with folded
hands and closed eyes. Smell said the
witness. was not excited He did not run
from the house. but walked away, going
north along Nineteenth Street
Lizzie had lived With the Smell family
for FIVE wears She was paid 50 or 81
month she left the Smell house about
two months ago. When asked why she
left. he said Il was because OF insulting
conduct He had seen Smell often and
lived with him in the BladensburS Road
for some time. The Weisenbergers had
liYed in Nineteenth Street for one month.
Smell had called at the house twice.
The Mothers Testimony.
The next witness was Mary Weisenber-
ger. the mother Of the dead child. She
said that Smell came at O'Clock and asked
fer q drink Of water. Her husband then
went TO the hydrant. Smell entered the
front door and passed through the sleeping
room to the door leading 10 the kitchen.
Smell asked after her health and she or
dered him TO leave the house. She said
Smell then looked into the sleeping room.
She heard the scream Of murder" three
times She hurried TO the room. Smell
met her al the door. grabbed her, and tried
10 est her. She went out into the back
yard. but returned directly and found Liz
zie all bleeding and gasping. II she was
not then dead she was nearly so. The
child was In bed. Everything was gaturat-
ed with blood She took her child IN her
arms. called 10 her three times. but re-
ceiFed no answer. The mother then turned
10 look Tor Smell. but he had disappeared
The only other person ia the house al
A. q - -.