The evening times., 1900-01-26
EXPERTS ON 9BE STAND
Physicians TEST as to Sneli's
Mental Condition.
The Belief Expressed That the Pris-
oner Is Insane as the Result of
EPiiepsy-The Fracture of His
SkuII-A Warof Words-The Strain
Having It's Effect on the Defendant.

tnlS morning before Judge ClaDauSn.
Neither the family of Lizzie Weisenber-
ger nor that of Smell was present when
the roll call of the jury began. The mother
and sister of the dead girl en-
tered later. The defendant was
| brought in a moment later. He at once
Closed his eyes and threw his head back
as if very weary. His head was nervously
moving from side to side. and there was n
general air of nervousness about him that
plainly showed that the strain Of the trial
was beginning to tell upon him.
His wife came in at I0:0S and kissed him.
seating herself by his side while he lean
! ed his head in his right hand. his elbow
! on the back Of her chair, and apparently
| went to sleep.
DR.. Kicking was the first witness to go
| on the stand, and the examination be-
began by Mr.. ANDERSON stating to the
court that the prosecution would leave the
! jury to judge of the weight of the Ques-
tion which followed.
Mr.. Turner then related all the symp-
! toms of Snell's attacks as told on the wit
ness stand on the preceding days, and af-
| ter clear and precise resume of the case
in chronological sequence, the question
was put to the witness. if. in his opinion,
! the defendant was a sane or an insane
| man, and whether, at the time of the muir
/ der of Lizzie Weisenberger, all the circum-
stances in the case having been taken in
consideration, he was responsible.
He suffering from ePileptic in
sanity. / should say, and was, of course,
insane at the time" was the prompt re-
ply of the witness.
Would such a man have a normal
mind?'
The witness replied that such a man
might perform the duties of life in nor
NAL way except in cases of unusual excite
ment. when epileptic fits would probably
result. during which period the sufferer
would be an insane man.
During this testimony Smell seemed TO
be asleep.
The cross-examination was by Mr.. Gould.
The witness said that he graduated from
the Georgetown Medical School in 1884,
and had given much attention to insanity
since that time. He was examined as TO
his professional and institutional expert
encp in an endeayOr to learn his knowledge
of the mental diseases. He had examined
the defendant at the request OF MIR. Turner
When the witness made the examination
Mr. Turner was present
Did Smell know that you were there to
examine him on account of his trial.
Yes sir replied the witness.
What per centum OF epileptics are p-o-
duced by injuries 10 the head
About per cent
''Wil YOU explain 10 the jury the struc-
ture OF the skull doctor, and tell us the
thickness Of the skull. and so forth? -
The witness then went into a detailed
explanation. as requested. the counsel for
the Government endeavoring, by frequent
interpOsitiCns. 10 show that the injuries
to SMELL could not have been so severe
7s to produce the epilepsy owing TO the
space between the two walls of the skull,
which acted as a protection to the brain.
The questions were many and always
toward the point that the pressure on
the brain of Smell from the fracture could
not have been positively known 10 the
witness because he did not actually see
it, having performed no operation.
First symptoms of epilepsy were gone
into as was the effect upon the nervous
centres.
The witness said that the motor nerve
centres were the most readily susCepu- |
bic to the disease in question. and said
that he had not used the opthalmoscOpe in
his examination of Smell because he did |
not feel il to be necessary. The diff |
ference in the measurements in SHELLS |
case were gone into. Mr.. Gould asking !
if the muscles would not have been small |
er on one side than on the other If the |
man used one side more.
Certainly" replied the witness. but |
regard the fracture OF the skull and its !
infringement on the brain as having been |
responsible for the partial paralysis of the !
man. and the consequent impairment of the /
muscles on the side of the paralysis.
Snell's gait on the occasion when the wit |
ness asked him to walk away from him !
was said to be indicative of the paralysis. /
and when Mr. Gould asked if his gait was !
not altered when the doctor was not look |
ing at him.
lit seemed to me TO be the same. al
though a guard at the jail said that he |
thought he noticed a change
The stimulation of insanity was next |
taken up and the witness examined as 10 |
the general actions of person under this |
stimulation. The witness said that man
who had for nine years performed difficult
duties, and. then, after lucid interval.
had committed a great crime. following
which mental stagnation resulted, would
not necessarily be under the strain of epi-
lepsy. When asked by Mr. Gould if re-
cent injury TO the head of the defendant
was not a trife. the witness replied:
There is a surgical maxim which says
that no injury to the head is so slight as
to be despised. =
did | understand you TO say that in
1T is so considered.
did YOU ever see a child who was born
insane?'
Il have. 1t is very difficult TO see indi-
cations in infancy of the disease. ldiocy
is considered by the authorities as a dis
tinct form of insanity"
''Wili you say, il the defendant had gone
to his office on that 9th day of August and
had performed his duties and gone home
apd he'd whether the man was |
sane or insane at that timer
Il regard that man as at all times dan
gerous to the community
Answer the question. Do you regard
him as sane or insane?"
After long pause the witness said:
Il cannot answer that question with jus
ice to myself in any other way than by
saying that if that man had been brought
% me for medical opinion, / would have
his confinement for lunacy."
Mr. Turner objected to leading ques-
ion and said:
Mr.. Gould. has no foundation for this
hypothetical question, and there has never
Deen a witness on the stand whom Mr..
Gould has not cross s-examined incorrectly"
Mr.. Gould received a severe arraign-
ment from the chief counsel for the de-
fence, who said that the years of eX-
Derience at the bar precluded the idea |
that he could be in voluntary error, but
hat the questions were asked for the |
purpose of getting before the jury test
nony in an irregular manner
IF your honor desires to hear me- said
sSr. Gould. Il wish to say that l thought
1t least that the gentlemen who have
made such a careful study of this case
Knew the rules of cross-examination of
Experts
l-aI for ri nj aud AJr 4