Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-02-01
GUILTY AS INDICTED
Verdict Rendered in the Case of Ben
jamin H. Smell.
THE JURY DELIBERAFED One HOUR
Motions for New Trial and in Arrest
Of Judgment.
THE PRISONER UNCONCERNED

Unless something unforeseen should
| interfere, Benjamin Hill Smell will be exc
cuted as the penalty for the murder, the
| 9th of last August, of Elizabeth NJ. Weisen-
| berger. After a trial extending through
! twelve days the jury filed into Criminal
Court No. / shortly before $50 oclock yes
terday afternoon and, in response to the
query of the clerk to the verdict, an
nounced: Guilty as indicted" The elo-
auent appeal of counsel for an acquittal,
| or If that was impossible, for a qualified
| verdict carrying with it Imprisonment of
| the defendant for life had not awaited.
United States Attorney Anderson con-
cuced his argument at $3.50 o'clock. JUS
| tice Clabaugh thereupon delivered the
charge of the court to the jury. 1t was not
| OF great length. but fully explained the
| laws conception of insanity. The twelve
men retired at 40 O'Clock and We're in
consultation just one hour. A deputy
United States marshal notified Justice Cia-
| baugh that agreement had been reached,
| and when this became known generally
there was a stir of interest among the
| spectators, who had patiently waited from
the time the jury left the room for some
| thing to develop. Justice Clabaugh gave
warning that nothing in the way of a dem
onstration nor any expression of approval
or disapprovai would be tolerated upon the
announcement of the verdict. and he then
Smell was escorted from the cell below
just as the jury entered the court ROOM
Clerk Smith propounded the usual interrog-
atory and the foreman of the jury gave the
Information that he was ready to report
verdict.
What say you the clerk then asked, lis
| the defendant guilty not guilty?''
Guilty as indicted" responded the fore
man.
Attorney Turner requested that the jury
be polled and such was done. each mem
| Der repeating the reply made by the fore
man: Guilty as indicted"
New Trial to Be Asked For.
Notice of the filing of motions for new
| trial and in arrest of judgment was given
| by Attorney Turner. The jurors We're ex-
| cused and the prisoner remanded.
When his doom was pronounced Smell was
| alone, far relatives OF friends were
concerned. His aged father, who had occu-
| pied chair at his side during the day.
manned in the witness room throughout the
| proceedings attending the rendering of the
verdict. The wife of the prisoner. mis-
| daughter and his mother were absent, not
having attended court for two days.
l. AS usual, Smell was entirely unmoved by
what transpired. The fatal words, to judge
! from appearances. fell upon ears that did
not hear. He stood up clumsily and gaZed
about in dazed manner when told to do
so, paid absolutely no attention to what
| was said and done In the cell below. while
waiting for the arrival of the van to con-
yey him to Jail. the prisoner smoked
cigar and was apparently wholly uncon-
cerned.
| motions for a new trial and in arrest of
| Judgment are taken up for consideration.
| In the event they are overruled sentence
will thereupon be imposed. An appeal to
| the Court of Appeals will then be possible.