Evening star., 1900-01-18
Arraigned for the Murder of Lizzie
Weisenberger.
MOTION 70 POSTPONE OVERRULED
The Questions Which Jurors Are
Required to Answer.
GREAT INTEREST IN CASE

After man. poStpcI omentS the trial OF
Benjamin II. Smell. accused of the murder
of Lizzie WeiselbCrger, began this morn
ing before Justice Clabaugh in Criminal
Court No. l. As all evidence of the general
interest in the case a large throng of peo-
pie gathered this morning in the corridors
of the city hall building seeking admission
to the court room. A deputy marshal was
stationed at each entrance. however. and
only those connected with the cause on
hearing and members of the bar We're per-
mitted to enter.
Smell was brought into court in the Gus
tody OF Deputy Marshal Springman. He
vas well dressed. wearing suit of dark
clcth, with cutaway coat. The defendant
Occupied a seat directly in the rear of his
with knees crossed and hands clasped. His
eyes We're continually cast down and APP
parently he took no interest in what was
tr;.nspiring. His face so far as expression
is concerned. was blank
When court opened the mother of the
murdered chill ami other relatives We're in
the room. As Smell appeared to view the
female members of the party began to
weep. They We're forthwith escorted to the
witness room. The father of the girl and
her little brother remained in court and
paid the closest attention to all that oc
Cured.
After the government nad announced tnat
it was ready To proceed in the of the
United States against Benjamin H. Smell.
Attorney Turner, of counsel for the de-
Tense, asked that postponement be grant
ed. The motion. he explained. was based
on the fact that Representative William
II. Fleming of Georgia. who is one of the
attorneys for Smell. is i'll. and under treat
nIent at local hospital, and therefore
unable to appear in court.
Assistant United States Attorney Gould
opposed the granting of the motion, Gaying
that Mr.. Fleming has taken no active
part in the preparation of the case, and
therefore his presence was not necessary
as far as beginning The trial was concerned.
1t was added that United States Attorney
Anderson had left sick bed. against the
advice of his physician and journeyed to
the court house. in order that the trial
might not be further delayed.
The Notion OverruIed.
Justice CIabaugh promptly overrued the
motion for poStponcment- and the exam
ination of talesmen was commenced, with
Attorneys Charles II. Turner and F. Ed
ward Mitchell representing the defendant
and United States Attorney Anderson and
Assistant United States Attorney Gould con-
Quoting the prosecution
Justice Clabaugh briefly stated the nature
of the case for the benefit of those who
We're To be examined to determine their
qualifications as jurors. He said that the
defendant was under Indictment for the
murder of one Elizabeth NJ. Wesenberger
the morning of Sunday. August & last.
The form of examination of the taleSmen
marked departure IN this jurisdiction
Each man called into the box was inter-
rogated at length. among other things be
Ing asked il he entertained any prejudice
against inSa nifty as a defense for murder
One question put by the defense was: AS
sumo that epilepsy is a form of insanity
manifesung itself in what is known as
epieptic seizures. during which the mind
loses all control OF the physical move
ments of the body; that between the seiZ-
ures the mind is apparently lucid and the
Patient appears to the casual observer of
sound mind, could you in such case look
to the surrounding symptoms of the dis
ease in determining the guilt or irresponsi-
bility of a person charged with murder
where the defense Of epilepsy is interposed
in his behalf?"
The government objected to the question
1t was allowed to be asked, however but
in a modified form.
1t developed at the outset of the trial
that the defense will be that Smell at times
Is sane 50 far as the casual observer is
competent to judge: that at times he Is
insane. and that the murder of Lizzie Wei
senberger was committed at d time when
he was insane, and when his mind had
no control over or knowledge of his ply
seal actions.
Work of Securing Jury.
The examination of talesmen was in
progress up to ) o'clock, at which hour the
panel was exhausted The defense has
sixteen and the government five peremp-
tory challenges remaining. An adjourn
menJ taken until 10 o'clock tomorrow
morning. additional taesmen to be sum-
moned in the meantime. 1t is expected
that jury will be secured tomorrow.