The times. [volume] (Washington [D.C.]) 1897-1901, 1900-01-26

was flushed and distorted. and that bloody
foam came from his mouth. Smell had, the
witness said. been in the habit OF drinking
heavily. Once he had a fit at his own
home. His family was present. He lad
been drinking and his physical appearance
was the same on each occasion
Mrs. smell Recalled.
SMELLS mother was then recalled. and
testified at length on the family history
and corroborated the testimony of the
father in the forenoon and on Wednesday.
On one occasion the witness had seen her
uncle trying to take morphine with suicidal
intent. and she took il away from him. He
afterward succeeded in killing himself.
Insanity was constant in the Smell family,
according TO the witness. She had seen an
aunt who was kept chained who afterward
died in an insane asylum.
DR.. ID. Percy Hickling was called. He
is the visiting physician of the Wash
ington Asylum. He testified that he had
before testified many times us an expert
on insanity. He had. he said made a
special study of diseases of the brain and
nerves, and was offered by the defence
as a qualified expert
Il nave examined Smell on four occa-
sions at the District Jail, on the 2lst of
November, the 18th of December. the 18th
OF January. and the 18th of January. /
found him to have compressed fracture
of the skull on the right side, about one
half an inch from the centre. There we're
evidences of an old fracture at another
point. The depression is deep enough to
put the tip of my finger in, and is very
apparent. The fracture on the top of the
head invades the inner wall Of the skull,
and there is pressure on the brain.
When / applied pressure, he complained
of pain, and when i released the pressure,
there was an involuntary twitching of the
head. There is also partial paralysis OF
the left side, and a wasting of the mus
cles there.
The right calf is two inches larger
than the left, and there is marked diff
ference In the pulse on the right and left
Sides the latter beating sixty TO the
minute, while the right pulse beats but
sixty-two.
SMELLS Poor Memory.
THE examination was conducted with
great difficulty because Mr.. Smell sp-
peared to be unable to recollect anything
of his previous life that would aid me. He
could not tell me his age. and his mind
seemed TO have been a blank
The witness said that the effect of liquor
on a man suffering as Smell did, would be
more pronounced than on a man of normal
brain action. He also said that a man
with such a pressure on the brain as
Smell, would be subject 10 epileptic con-
WILSON'S lasting from few minutes TO an
hour or more.
There are" said the witness, various
ferns of epilepsy. The patient is uncon-
scious. There are forms of epilepsy which
are termed masked epilepsy. during which
the patient may be under the control of
the disease for days at time and totally
unconscious. upon recovery, of his acts
during the time of his Inconsistencies.
He may appear to be In a normal condition
of mind. but wholly unconscious of his acts
during the seizure. These seizures usually
affect the mind between each attack
The witness answered each question at
length. and said that the excessive use of
alcohol would tend TO bring on an attack
OF epilepsy in a patient suffering from the
disease. The questions put 10 DR.. Hick-
ling were technical and of such length as
to be at times unintelligible until the
read them deliberately.
MIR. Gould frequently interposed objec-
tons. and the arguments were even more
In their sallies.
Traumntic Epilepsy.
Traumatic epilepsy seemed to be STUN
bling block which brought about the great
est amount OF trouble, and the witness
was kept standing for several minutes be-
tween each debate
The witness was asked If. in his opinion.
Smell at the time of the murder, was a
sane man, TO which the Government object
ed, and Mr.. Turner said that the objection
would involve long discussion upon a
hypothetical question. The jury was re-
tired for the day and Mr.. Gould arose TO
reply tilt at once began between the
Assistant District Attorney and Mr.. Mitch
I'll. The question was based upon the
original injury 10 Smell. and after all the
symptoms following the injury had been
read TO the witness, he was asked to state
whether in his opinion the defendant was
sane or not at the time Of the murder
4 stubborn Contest.
This question, and the hypothesis pre-
ceding it, were read by Mr. Gould. who
fought it sentence by sentence and was
met by Mr. Mitchell at every point, Mr.
Turner occasionally getting in a word
Now. Mr.. Could" said the court at one
point, don't sit down. Every time / speak
20 you you sit down"
Y don't wish to be obtrusive." said Mr.
Gould.
you are not obtrusiye" replied the
sourt.
He recognizes where he ought to be"
said Mr.. Turner.
The audience was highly amused. and
Kept the crier busy rapping for order
At 3 o'clock the witness was excused for
he day and adjournment taken to 10
o'clock this morning.