The evening times., 1900-01-27

Considerable damaging testimony was
given against Benjamin H. Smell in his
trial for the murder OF Lizzie Weisen-
berger today Pension clerks swore that
tie prisoner had never shown any signs
Of insanity. and the officials at the Jail
testified that Smell simply pretended to
have epilepuc symptoms, when the doctors
were present to examine him.
John w. Watson. Chief Of the Southern
Division Of the Bureau OF Pensions. was
the first witness called today by the Gov
eminent. and to questions put by Mr.. An
derson, stated that he had occupied po-
sitiOn IN the Pension ONCE since 1852 and
had known and worked with Smell for
seven or eight years.
Smell was an examiner in the Office.
His work was the most difficult in the Of
fee There was a great deal Of CORES
pOndence connected with it,"
do you know whether he was at work
in the Office on the Saturday preceding this
tragedy
Eyes. sir he was there and there SEEM
ed to be no change in his work"
You had an opportunity 10 note his
mental and physical condition."
Il did" replied the witness. He never
impressed me as a man of unsouud mind
nor did he seem to be physically weak in
any way"
The cross examination brought forth The
fact that the witness was on terms Of good
fellowship with the defendant az all times
Mr. Turner formulated his questions so as
to draw fro.a ,he witness the fact that
Smell was always a genial man and had
never exhibited any violent rage OF in any
way given the impression that ne was else
than an amiable and even tempered in
dividual.
Theodore +. Sargent followed Sargent
has been a clerk in the Pension Bureau
for more than thirty years, and knew Smell
quite well. He had seen Smell nearly ey-
cry day, and had considered him a careful
ana competent clerk. whose duties we're in
way judicial and intricate In their char
acter
81 regard the examination of widows
claims as the most difficult I'm the bureau"
said the witness. The witness went on TO
relate that the fendant had also done tn,
work of examining into the claims of ne.
gro soldiers. a particularly difficult task
The witness had never considered Smell an
physical ailments in the dedefendant.
The denomination revealed the fact
that the defendant had taken his annual
leave I'M day or two az "a time. charging
his absence 90 the annual leave instead OF
sick leave. The witness had also known
Smell as au amiahIe and industrious man
who seldom talked much around the Office
beyond his official work. He had never
seen him under the influence Of liquor
Capt James RI. Harris. Warden of the
United States Jail. was. the next witness.
He had observed Smell almost every day
at the jail. and under many circumstances.
He had held conversations with him. aud
had formed the opinion that the defendant
was a sane man.
There has been quite a difference In
his conduct and manner while being ex-
amined by physicians and while not uu-
der the eye OF these men. AT the times
when the doctors were there he seemed TO
have poor memory and TO walk with a
Iimping and halting gait He would stag
ger when he attempted to turn around.
and nearly fall when he put his heels to-
gether. When he was being examined by
Dr. Chaplin, OF Philadelphia. he exhibited
the same signs. When no physicians were
around he walked as well as anybody could
walk
The witness testified that Smell had al
ways talked nationally. He had had no
convulsions while at the Jail.
Have you observed how each man
among the 900 prisoners at the Jail
walks?" asked Mr. Turner on the cross
examination
only when some special case required
it. replied the jailer
The witness was asked if he was much
Of on expert on walking, and replied that
mil
good knowledge Of il.
Mr.. Turner drew from the witness that
he was perhaps expert enough TO notice q
slight paralysis. He had noticed however
that the defendant had walked very badly
when the doctors had been present but
that at other times there was nothing ap-
parently the matter With his powers Of
locomOtiOn.
Mr.. Anderson asked If the witness had
ever observed Smell walk worse than at the
times mentioned. and re answered that on
an occasion when Dr. Richardson. Superin-
tendent OF the Government Hospital for
the Insane was examining him ne had put
his heels together and fallen to the HCor.
Damaging Certificate.
Frederick Z. Sayre an examiner in the
Pension Bureau, was then called. lie said
he had known Smell since 1895. He had
seen and talked with Smell almost every
day for the last few years. This witness
also thought the defendant sane. The
cross examination was on the lines laid
down by the defendants counsel in pre-
Ceding questions put to these witnesses.
Charles Newburgh. another clerk i'm The
Pension Bureau, was next called He said
ne had known the defendant since 1891
as clerk in the bureau in the Record
Division. His testimony was on lines sim
liar TO the witnesses preceding him.
DR.. John H. Junghaus was called and
testified that he had examined Smell for
life insurance on October IL 1897. for the
Knights of the Maccabees. The witness
produced the blank application signed by
Smell. i'm which the applicant had deniei
having ever had COnvulsiOns or any Z
The ailments commonly noted in the ap-
plicatiOns Of insurance companies The
applicant stated that he had no disease Of
he brain and was i'm general good health
William II. Griffith was next called. He
lives at 1917 Benning Road. aud Is presi-
dent OF the Washington Wholesale Gro
Gerry Company. He testified that he had
seen Smell nearly every day up to two