Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-08-08
BEFORE GRAND JURY
Crime Of Benjamin H. Smell Under
Consideration.
AN EARLY INDICTMENT EXPECTED
Significant Remark Made by the
Accused Man.
VISITED BY Fl S W / It ID
SITED BY HIS " f E

The grand jury Immediately after as
sembling AT IL o'clock this morning be-
gan the consideration of the case of Ben
jamn H. Smell, held for it's action by a
coroner's jury yesterday in connection with
the murder of the little Weisenberger girl.
Assistant District Attorney Taggart con-
Quoted the examination of the witnesses,
who were Carrie Weisenberger, Charles
Weisenberger, John Kraft, Policeman Fat
Creagh, Charles Luscomb and James Rob-
inson.
The indictment will be reported in day
or two There are several other papers be-
ing drawn up, covering cases that the srano
iury has considered and the expectation
is that the Weisenberger Indictment will
be handed in at the same time they arc
presented to the court. The grand jury
will then be discharged for the term.
An examination of the law shows that
there exists no statute prohibiting the
service of petit juries in this Jur1d1ctlon
during the months of July, August and
September.
{ aDser EOS Revised Statutes of the
United States-''An act to amend the laws
relating to the selection and service OK
jurors irS the Supreme Court OF the DIS
trict Of Columbia provides tfat the ou-
power by rule CT court to regulate the pc
Rod of holding it's terms, aiso the periods
of all the special terms. and TO IN the
number of such terms, and to alter the
same from time to time. as puohc coh-
venience may require
Term of Service.
Another section is to the effect that "the
term of service of jurors drawn for service
in the Supreme Court of the District of CO.
lumb'a holding a SPECIAL term az Circuit
Cours or to serve as petit jurors in the spe-
ciaI term as a Criminal Court. shall begin
on the first Tuesday in each and every
month in which jury trials shall be mad,
etc.
The fact that jurors are not drawn for
service in the circuit and Grim nal branches
of the Supreme Court of the District of Co
lumb during the NOR tbs OF July. August
ana September is practically enc based on
custom. the clerk acting Il tn" matter I'M
der verbal instructions of the court. There
appears to be no reason why petit jury
could not be summoned and the trial of
Smell commenced Tuesday. the 9th OF Sep
TENDER. if the court should so order. Some
years ago August was the only month dur
irg which juries did not serve. The law re-
quires that the term of service of jurors
shall begin the first Tuesday of the month,
and that they shall be summoned ten days
prior thereto. Therefore it would be i'm
possible TO place Smell on trial earlier than
month hence.
Nothing Gained by Haste.
1t is pointed out that in reality nothing
would be gained by rushing the case to
trial From the moment that he first OBJ
tanned knowledge of the preparation of the
crime it was the intention of the United
States attorney for the District of Columbia
to place Smell on trial Immediately after the
opening of the October term of the court
Tuesday the Sd of that month. Should an
order of the court be obtained directin,, the
special assembling of jury for September
it is stated, the trial would be had only
month earlier than it would should the reg
ular program be followed, and if convicted
Smell could appeal to the Court Of Appeals.
which would necessarily delay further ac-
ton until the Court Of Appeals convenes in
October. Then the case would have to be
heard and passed upon by that tribunal all
of which would consume time.
The business of the office of the United
States attorney is up to date-that is, up
10 the time the Criminal Courts adjourned,
in June. With the exception of Smell, there
is only one alleged murderer in the Dis
trict Jail awaiting trial He is Dock N
| Tharp, the volunteer soldier who shot and
killed his comrade, Aaron Bishop, while
they were waiting in the 9th street depot
| to take train south, soon after having
been mustered out of the service of the
| United States at Camp Meade Pennsylva-
| mia. The Tharp case was assigned for trial
| in June. but was continued until the Octo-
| Der term at the earnest solicitation of coun-
| sci for the prisoner.
| United States Attorney Davis was absent
| from his office on business the greater part
| of today. and therefore it was impossible
| to learn from him whether or not he means
10 take any steps toward securing an order
| OF the court directing the converting of a
] jury for September, in order that Smell may
| be placed on trial next month.
Prisoners Suggestive Remark.
| Il guess this will be the death of me- ~
| was about the only remark made by Ben
| jamin Fl. Smell. the slayer of little Lizzie
| Neisenberger, while on his way to the jai
| yesterday afternoon in the patrol wagon
| Policeman Creagh, who arrested Smell, ant
| Policeman Mansfield in charge of the nintt
| precinct patrol wagon. were with him at tn,
| time.
| Upon his arrival at the big brown-ston
| prison he was registered. giving his age a
forty-two years. This differs from the ag
he gave yesterday. He tipped the scale
al 800 pounds. After being weighed he wa
taken down the iron stairway to the bait
room. No objection was made on the par
of the Dig prisoner to obey.ng the prison
rules, but when he was put in one of tn
| cells he informed the guards that the room
| was rather small for man of his siza
| Soon after shutdown he was resting quiet
on his cot, and during the night he RENAME
| as quiet as those more accustomed to pris
| ons. He was up early this morning, an
| when the heavy iron door confronted hir
| he seemed to realize more fully the seriou
|
| He wanted to know of the guard if he coul
| not be permitted to exercise in the CORR
| dor. This privilege was accorded him late
| in the day.
| Mrs. Smell Calls.
Among the early morning callers at tn
Jail was Mrs Smell, the prisoners wife
The present rules of the Jail forbid visit
ing. the smallpox quarantine has no
yet been removed. An exc ption was mad
, in her case. however, and about the tim
she entered the rotunda her husban
emerged from cell No. ;, the one latel
occupied by murderer George w. Horton
. He walked to the wire netting, and hi
| wife talked with him from the other sid
| of the screen All the prisoners who wer
| out of their cells We're anxious to get
| view of Smell, We're the outsiders VIII
| happened to be in the building.
Just before the prisoner had the CONVEX
, sation with his wife Warden Harris aske
|CAS TORN A