The evening times., 1900-06-29

which. striking her in her mouth, felled
her to the floor. The enraged and fright
ened mother recovered quickly and gTap-
pied with the murderer. hut she had not
the strength to repel him. As she rose
from the floor Smell hourished the razor
which he still held in his hand and made
a motion as IL 20 cot Mrs Weisen berger.
She threw up her arms TO protect herself
and received a wound on her left wrist
Smell then left the house and started north
on Nineteenth Street He had proceed
ed but few steps, however, when he
met Mr.. Weisenberger returning from
the hydrant with a bucket or water. He
had heard the cry Of help and murder
made by his wife and his son, and be. too.
attackc Smell. who still held the bloody
razor iI his hand with which he had killed
Lizzie
Smell shook Mr.. Weisenberger Of as II
be were a child and continued his flight
along Nineteenth Street Although but a
few minutes had elapsed, the neighborhOod
had been aroused and several started in
pursuit % the murderer Every now and
then Smell would turn and make menaciug
gestures at his pursuers, as IL he intended
10 shoot anyone who approached him.
None OF the pursuing party being armed.
they did not venture too near the fleeing
man, who when he reached the Benning
p
far along this thorOughfare until he turn
ed into Iaze on the east side OF Grace
land Cemetery. From there he went to-
ward the Benning Road bridge. Here Smell
and his pursuers were met by Mounted
Policeman Patrick Creagh. who immediate
ly d-smounJed and placed Smell under ar
rest
When taken 20 the police STA. ion
besides the razor with which. he murdered
Eaf Gnr all
in one OF his pockets an Instrument com
monty known as a 'stabber" and q pocket
knife with one blade.
When seen at the police station within
an hour after the crime had been commit
ted Smell pretended not 10 know why he
had been arrested and disclaimed having
any recollection Of having harmed anyone
When told Of tie crime he had committed
he said he could not believe that he had
done such a thing. He was in a very
nervous condition and refused TO say more
than had been stated. but said he would
make statement on the next day. He
did not do this. nor did he at any other
tine since
Public feeling ran high for some weeks
after the murder of Lizzie Weisenberger
and an effort was made TO bring Smell to
trial at once frr the crime he had commit
ted 1t happened however. that none Of
the criminal courts Of the District were
in session at the time and there is no
provision in the law authorizing the call
ing Of special panel 20 dispose Of such
cases. The grand jury was in session. and
four days after the crime was committed
an indictment was returned against Smell
charging him with the murder Of Lizzie
Weisenberger.
He was, however. not called to trial IN
til the January term Of Criminal Court No
a. Smell then made insanity his defence
and large number Of witnesses were sum
moned from Georgia the home o. his fatn-
er and mother and other relatives. VINO
testified that he was always regarded as
queer" At his trial he was represented
by Attorneys Turner e Mitchell and the
proceedings were conducted b. Justice
Harry VI Clabaugh. After hearing tie
testimony and the charge Of the court tie
jury returned a verdict OF guilty as n
dicted' within an hour after il left TIE
courtroom.
A motion fer new trial was made and
his was overruled by Justice Clabaugh.
who then sentenced Smell to be hanged In
the Dis trict Jail on May II last An appeal
was taken from this judgment to the Court
OF A9pel's for the District, which tribunal
on June last. in an opinion announced
by CEies Justice Alvey affirmed the finding
Of tt5 trial court In the meantime Smell
was Tespited until June 10. At that time.
uONSNef, dilucusn InG opinion or the
Court of Appeals for the District had been
announced the mandate of the court had
not been forwarded to the Supreme Court
Of the District and a further respite was
made necessary. The third date set for
SneIl's execution was today
About two weeks ago the Representatives
in Congress from Georgia waited upon
President Mckinley and asked that Snelrs
sentence ue commuted from death TO i'm
prisonIHeI-t IN the penitentiary for life TIE
President refused to grant the appeal and
said that the law must take its course
SHELLS attorneys then filed a writ for Ger
tiorari in the Supreme Court Of the United
States asking that the Court Of Appeals
for the District be required to transmit the
whole record in the case TO the higher
court that II might be reviewed by that
tribunal The application was denied and
then similar petition was made to Jo-
seph McRenna. one Of the Associate JUS
tiees OF the Supreme Court OF the United
States. and he too, refused to entertain the
appeal.
A final appeal was then made to the
President who was asked TO delay the ex-
ecution OF Smell until his case could be re-
viewed by the Supreme Court of the
United States. The matter was referred
20 Attorney General Griggs by the PresI-
dent an6 tie former reported adversely 10
the granting Of further respite, on last