The evening times., 1900-01-23
SMELLS DEFENCE BEGINS
The Mother of the Prisoner on the
Witness Stand.
Tcstimcny Adduced Showing That
the Accused Had Suffered for
rents First COusins-Sisters of the
Victim Give Damaging Evidence.

H. Smell for the murder Of Lizzie Wes-
enberger closed its case this morning. and
the witnesses for the defence were placed
upon the stand. The most important OF
these was the mother of the defendant,
who swore that her son was insane at
times. and that he had been a sufferer
from epIleptiC nts.
AZ the opening OF the court
the crowd Of spectators was not quite so
great as on the preceding days, but the
corridors were crowded as usual by a
Ihrong Of people who sought admission.
Only a very few, however, gained the de-
sired point. Court opened at 1905 o'clock.
Smell was escorted in and took his usual
Eeat beside his counsel. His wife and par
ents were not present.
carrie Weisenberger. sister of the
murdered girl was the first witness call
ed. She is sixteen years Of age. She tes-
titled that she was at the house when
Smell came at about 10 o'clock one even
ing nearly two years ago. At this point
she was stopped by an objection from MIR.
Turner, who said to the court that the
statements which we're being made we're
irrelevant.
Mr.. Anderson said that the question was
put TO the witness TO show the motive
OF the crime. as bearing on the relations
which existed between Smell and the dead
child. In answer 10 the court. he said
the prosecution proposed to 20 into this
part much deeper. The court ruled that
the questions were admissible as
being part OF the evidence and Mr.. Turner
noted an exception to the ruling Of the
court.
Mr.. Anderson then rose TO outline the
plans Of the prosecution, and Mr. Mitchell
reminded the District Attorney TO be
guarded in his statements
Il shall be properly guarded i1 my
statements" said Mr.. Anderson. Il think
know how to be So
Mitchell
That's only human" replied Mr.. An
dsrsOn.
Il know it. and that's why I speak"
The witness then went on TO detail her
experience at the home of Smell She said
Smell entered the bedroom where the two
girls were sleeping. and asked Lizzie 10
come into the other room. She refused TO
90 with him. and he took her by the arm
auI drew her out.
I'm a little while she came back. aLI she
was crying When Z cried on account or
Lizzie. Smell threatened 20 Kill me. He
had raZDr-
sisters on the stand.
The Government gave the witness to The
defence and Mr. Turner objected 10 The
tesimons. and asked that 81 be stricken
out. The objection Was oyerrulcd. and n
exception noted
81 precisely 1880 SHELLS vile entered
Tie court She kissed her husband. and
S1r beside him.
Tbe witness was cruss-eNdmined by Mr..
Turner. who eudeayored to prove that the
reason Shell had taken Lizzie cut Of tie
room was because the girls were skylark-
ing, but Carrie refused TO DE turned in
Eor statements.
Emma Weisenbcrger was then chilled
She Is another sister eighteen years OF
age.
When I came home from work one
evening SuCi' was there trying TO get my
sister 10 go back with him. ] told he net
10 60. and ne told me 10 shut up
told him II ! had 20 take care o. her ms
self, Lizzie should not go back. and hs
said 1 had too much mouth, and that ht
would get Robertson To Fix me Lizzl,
was crying all the time be was trying O.,
get her 10 go with him. This was on TIE
Tuesday before the murder.
The denomination was then begun
BY Mr. Mitchell
Did YOU come home on Friday AE-
gust A.
Yes: I stayed about two hours left
about or little after I met Smell on
the BCnniHg Road by The tuIICatp He was
going toward the brick yards"
Witness said that she went home on the
Tuesday preceding the murder. -rell was
there, and tho rest OF the family He was
trying 10 get Lizzie to come back with
him
Il told him that she should not 90 with
him. The first I heard Of anything about
Smells actions was that evening"
The attorney for the Government took
the witness for the redirect examination.
The witness was asked what time she was
al her home on the Friday evening before
the murder. She reiterated her former
statement.
The Razor Ia Evidence.
Mrs Mary Centner was then called. She
Street northeast, on July 2s last. She saw
Smell on that night 80 TO the door of the
Weisenberger house and rap for admit
tance. That was all. and the examination
failed to elicit anything further.
Your honor, the court closes it's case
with the Offering Of this razor in eyi-
dence. said Mr.. Anderson. The hour was
11:5j.
Mr.. Mitchell addressed the jury in be-
half OF the defendant. He placed his
hands on his hips and paced back and
H..
he claimed FOR his client hereditary in
sanity as far back as his grandfather.
This. he claimed. was the result OF con
Sanguincous marriages. and the man on
trial was the unhappy victim born Of a
marriage between first cousins
We will show that he had a fan which
produced an injury which caused him ur
10 the time ne was tweuty-three years OF
age. TO suffer from cpilepuc fits At an
early age. while suffering. he ATTEMPTED
10 kin his brother with a gun. 4 severe
beating years ago on the Bladensburg Road
left him mentally worse off than before
leaving him q violent tempered man Of un.
Controllable impulses"
The lawyer claimed that the murder wa.
committed by man who was mentally
irresponsible. The address was brief. bu
impressive on the plea of insanity.
Benjamin W. Smell, father OF the prison
er. was the first witness called. He is sixty.
eight years OF age. and lives in Washing
ton county, Georgia. He bagan to give
family history when Mr. Gould objected {,
the Questions inferring insanity by heredity
before the insanity OF the prisoner va.
proved. He submitted statutory proof
Nh. Mitchell argued against the objection
insisting that IL was proper to show
heredity tendencies before showing tn,
proof OF the defendants insanity
The court ruled that n the defence frs
cTered proof OF heredity, and then proc
OF the insanity, they were correct.
Mrs. Smell TestIHes
Mr. Gould quo cd from the decision o