The evening times., 1900-01-30

The taking of testimony was concluded
in the trial of BENJAMIN II. Smell Tor the
murder of Lizzie Weisenberger today, and
the lawyers began their arguments. 1t is
now expected that the case will be given
to the jury tomorrow afternoon. During
today's session several Pension Bureau
clerks gave some damaging testimony as
TO the defendants mental capacity.
Fewer women were present this morning
when the eleventh day OF the trial Of Smell
began, an order having been given to the
doorkeepers that the feminine sympathiz-
ors be excluded. The family of Lizzie
weisenbe-ger were present, however, snd
a few special passes admitted women Nho
have been present every day during the
trial
Frederick w Collins, a Pension Bureau
employe. was the first witness called to-
day He said he had known Smell for two
wears. had played checkers with him, and
had always thought him a bright man.
The witness said he had formed the Cpin-
ion that Smell was perfectly sane. The
cross-examination revealed only the fact
that the defendant was a peaceable man,
and witness had never seen him ia a rage,
or intoxicated.
George w Uline clerk in the Pension
Office. testified that he had known Smell
for nine years.
He was good clerk. said the witness.
and conducted the affairs under his
charge in an efficient manner. l never had
the slightest reason to suppose him to be
anything but a sane man"
On cross-examination Mr. Turner fire.
quently. upon receiving the reply for which
he was working. would say: That's what
/ thought"
His questions were all on the steree-
typed lines laid down when the witnesses
from the Pension Bureau first began to be
called. and the laconic queries have begun
10 have subtle meaning which may show
The foundation Of one OF the portions of
the final argument which the defence will
present 10 the jury.
Charles Matthews and George Z. Stew
art. also Pension Office clerks. testified
against the assertion OF the insanity OF the
defendant. Stewart said:
He wrote a splendid hand. and ] never
saw him make an error. He impressed me
as a bright man. of fine physique and
health. and / never questioned his sanity
for mCmenj
Matthews had seen Smell. the witness
testified at the Ninth precinct station on
the evening of August G. and when witness
had asked the defendant 10 what he attrib
Uted his trouble, the latter had told him
that whisky did it
Although Mr.. Turner Cvoss-evaniaPd
these witnesses at considerable length the
questions were all put 10 ascertain the
amount of intellectual ability required TO
perform the duties which came under The
hand Of the defendant while be was en-
PlOyed in the Pension Bureau The an
swers. while showing that a good clerk
was required for the work, a high orde" of
mental attajnmentS was nc. absolutely in
dispensable with the proper performance
az the duties OF tue office Of special ex-
aminer.
Dominic /. Murphy former Commission
er Of Pensions was put upon the stand and
asked TO identity a letter bearing the Off
cial signature of the witness. and which
Was the subject of recommendation for
q reduction OF the salary and official grade
Of Shell based on inefficiency
MIR. Turner objected 10 the test imonv
saving that the witness could nor have
known OF the ineficiency by personal con-
TACT. and was therefore incompetent. Mr.
Gould combated the objection and was
answered vigorously that the court ruled
that the question must be differently put
Upon a second attempt BY Mr. Gould an
other objection was entered and the court
said that 1t seemed TO him that the evi-
dence was hearsay and not competent. and
inadmissible. spirited debate followed
and the court finally ruled that the ques-
tion was inadmissible and Mr. Murphy Was
excused This ruling was based upon The
fact that while an official may discharge
an emDloye through information of his de-
meanor received by other investigators
testimony cannot come before a court OF
Justice unless the knowledge of the wit
ness has been gained by personal contact
and investigation.
Clarence Bryan. the next witness. said
fe had met Smell in the District jail. where
he witness had been serving sixty DAYS
for assault. He had had frequent con-
versations with Smell. who had told him
that he expected TO put up defence of
insanity.
Mr.. Turner asked the business OF the
witness. who replied that he had been en-
ployed as a bartender at the Gutenberg
\. J.. race track. and that be had re-
turned here last July and was arrested for
assault. a resume Of the business career
OF the witness was all brought out. and
the Government closed its case.
The defence recalled Dr. Hicklins in
sUr-rebuttal, who took the stand.
An argument Immediately began as TO
the admissibility Of testimony which would
be nothing but an opinion of one expert
against another. To the first few questions
OF Mr.. Turner. the Government objected.
and the defence finally asked if the wit
ness had had a conversation with DR..
Shute The witness answered:
The conversation ] had with DR.. Shute
was of a private and professional nature
and the opinions which he expressed to me
may have been different from those which
he expressed on the stand, and
Never mind, Doctor, don't go into
that" called out the District Attorney
The witness was then excused, and the
defence closed at 11:20 O'Clock. The pray
ers to the court for instructions to the jury
were at once begun, Mr.. Gould, for the
Government, leading SHELLS manner was
more composed than for several days past.
the father, who sat beside him, showing
more signs OF anxiety than the son whose
fate is now but very few hours away.
The jury were retired during the read
ing and discussion of the prayers. which
occupied considerable time before counsel