The evening times., 1900-01-27

years ago. and had occasionally held brief
conversations with the defendant
4 looked unOn Mr. Smell as perfectly
rational man. better informed than the
average man. was the response to "A ques-
tiOn as 10 the sanity OF the defendant
The cross examination was on the usual
lines
Edwin l.. Robson guard at the United
States jail. was placed on the stand. and
testified that he saw the prisoner at the
jail every day. Smell had four or FIVE
hours sleep every night declared the wit
ness and slept as well as the average
prisoner.
The witness had seen Smell under ex-
animation by the physicians and when
taking mis- exercise in the rOtunda of the
jail, and at these times the prisoners
gait was rolling and weak but whea he
was not under observation his manner ard
gait were normal.
Smell had been very much interested in
tire trial Of Funk, and in other Affairs
going on in the outside world. The wit
ness testified that he had always ccnsid-
eled the defendant a sane man
Ny. Turner cross-cXamined the witness
as 20 his opinion whether fve hours was
a fair average OF the length of time pris-
ouers sleep iu jail. and was replied TO that
he did not think that was up 10 the aver
age.
Pension CLERKS n Witnesses.
Air. L. Thomassou. the next witness. said
he had known Smell about four years. He
had met him frequently in a saloon. and
had seen him there On The Saturday night.
at about 1876. before the murder of Lizzie
Wciseuberger.
II thought he had as good. sound sense
as I had. remarked the witness.
Thomas j. Mitchell employed i'm the
United States Jail since 1Scf Was called
lu' testified that he thought SMELL q sane
man. lie was excused without cross-ex-
animation
George G. Martin. am employe OF the
Pension Bureau. testified that h. had
known Smell fer two or three years. hay
ing become acquainted with him i'm the
office and working within fifteen feet Il
defendant for the length Ot time named
Frequent conversations were held between
the two on current topics. and witness
considered smell a WclI-informed and sane
man.
pr. a. W. Boswell. Of sol Ninth Street
northeast, followed. He had examined the
defendant in his cell at The Jail He found
him i'm nervous state and gave him about
two OUnOrs Of whisky SnelTs face was
flushed, and he asked the witness not to
put any poison in che whisky. rs he want
ed to make statement about this case be
fore be died.
On cross examination the witness said he
had not observed any symptoms Of cpl
Iepsy.
James X. Clark 1872 " Street northeast.
clerk i'm the Pension Office. went on the
stand next He also knew Smell well. and
had seen him in his Office on the day before
the murder. when he seemed 10 be in a
normal mood. He saw him az O'Clock on
the evening OF the same day and had talk
ed with him.
1t never occurred to me that he was an
insane man. and l never heard OF his being
III or having any epileDtiC commissions
Cross-eNamination again brought ont the
good nature and gentlemanly qualities Of
the defendant.
James W. Walters captain of the watch
at the District jail related the circum-
stances attendant upon the examination OF
Smell at the jail During the time OF the
doCtCr's presence the witness said Smell
walked badly. but when he went 10 his cell.
ana thought he was unobserved. he walk
ed as well as any man could. Ii was the
decided opinion OF the witness that the
man was sane. A recess was then taken
until 1 o'clock.