Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-01-29

witness he could not remember where he
had worked or whether not his parents
were living.
DR.. Chaplin so he said, found a depression
on SHELLS head, but it did not touch the
brain. The defendant related to the wit
ness that he heard music and a train of
cars that he saw a COW and a man dressed
in white. and that he DIR. Chapin) con-
morse or from alcoholic or other excuses.
He was UNABLE to detect any mental symp-
toms other than normal in man of his
class. How persons feign insanity was re-
ferred to by the witness
1.-The man described was not insane" was
the answer of DIR. Chaplin to a long hypo-
thetical question propounded by United
States Attorney Anderson. and based on the
evidence of the case from the standpoint of
the government.
The defense put DR. Chaplin through a
very rigid cross-examination. Among other
things, he was asked to nocturnal cpl
lepsy. and explained that it was only a
term. not a form of insanity. Attorney
Turner thereupou produced a published vol
ume on the subject under discussion, and
after DIR. Chaplin had admitted that he was
the author thereof. an extract to the effect
that instances exist where only nocturnal
attacks of epilepsy occur was read.
The doctor was examined regarding the
definition of disease, as to larvated and
consanguineous marriages and other points.
The effect of his statements was that the
defendant is entirely sane.
Mr. Charles Newburgh. an employee of the
pension bureau, testified Saturday that in
his opinion Smell was sane: not that he is
insane. as was inadvertently stated
First Witness Today.
The first witness called this morning by
the government was Daniel J. Walsh, a
local newspaper reporter He testified that
the evening of the 9th of last August he
saw Smell at the ninth precinct police sta
ton. The prisoner remarked:
II suppose you are one of those news
paper reporters"
He shook hands with the witness, how
ever, and answered some questions that
were propounded. To other questions he
failed to make reply.
II asked him II there was not some motive
for the crime" testified Mr.. Walsh, "and
he told me whisky was at the bottom of it.
John II. Jamison, a clerk in the pension
bureau since 1890, was next called Smell
was assigned to difficult work at the office,
embracing the laws governing evidence.
said the witness. During nine years he
was only away from the office once by rea.
son of sickness. Mr.. Jamison always con-
sidered Smell to be man of perfectly sound
mind.
Eugene B. Lacy, also an employee of the
pension bureau, gave testimony that was,
in substance, an opinion that Smell Is sane.
The witness considered the defendant a
man of more than ordinary intelligence.
Policeman Thomas Markward, who has
been connected with the police department
since 1868, was called to the stand. He
has known Smell for six or seven years,
was in the habit of meeting him frequently
and always regarded him an intelligent
man. The defendant was in the habit of
drinking. Two days prior to the murder
witness saw Smell; he appeared to be all
right at that time.
Frederick j. Braendle, an examiner in the
southern division of the pension bureau,
was called by the government as a witness
His testimony was substantially the same
as that of the other employees of the pen
sion bureau who had appeared in court, and
was. in effect, that the defendant is sane.
Expert Witnesses Called.
A return was then made to expert testi
mony, the United States attorney calling
DR.. A. B. Richardson, who last October
was appointed superintendent of the gov.
eminent Hospital for the Insane to succeed
the late DR.. Goddins. The witness ex,
planned that he has been physician sinc<
1876; has been In charge of asylums for the
insane at Athens. Cincinnati and Columbus
Ohio. and other places, and has had about
5000 cases Of insanity under his observa
ton. He has testified in courts as an e1