The evening times., 1900-01-23

ty-second North Carolina Statutes. was
then quoted to the court, and the
prosecution insisted that the defen-
dants insanity. or some act OF it.
be shown before its hereditary source
be traced. The legal duel was some
what prolonged. and shows that the
case from now on will be a hard fight be
tween the two sides. Mr.. Mitchell stated
that the quotation from Judge Cox in the
Gui.eau trial was a charge to the jury
and in no way applicable 20 this case at
this time.
The logical way seems TO be to put the
proofs in the regular way and then bring
the proof OF heredity." said the court
The argument was gone into deeper by
Mr.. Mitchell, who said that the father
should by all means be allowed to state his
knowledge of the family history as he
knew it. and Mr.. Turner asked IL the court
was Of the opinion that they should offer
all their evidence OF insanity before going
into heVedity to which he was answered
hat otherwise the case seemed to be be
ing put backward.
The witness was then asked to stand
aside for a moment. SHELLS mother was
called.
Mrs. NJ. a. Smell stated that she was the
mother Of the defendant who Was forty
two years old. From one to six years she
said he had ''hJs"
Il called them spasms. The first injury
he had was turning somersaults. and Re
broke his arm above the elbow In a
picket fence. The next day his face was
all black and swollen. II remained there
about two weeks.
The physician who treated the boy Was
not an expert. and he said he didn't think
there was much the matter with him.
Later the boy was kicked by a mule"
Where was that kick receiver" asked
Mr.. Mitchell.
In Randolph county"
The cTier called the court TO order acd
the witness said that the kick was in the
head. Mr.. Anderson objected to the ques-
tioH as TO what change Mrs Smell noticed
about her son after the kick by the mule
The objection caused spirited argument.
In which some sarcasm was passed and
the court had TO call the attorneys ia
order for indulgence in personal argument
The objection OF The Government was suA-
taiueI.
\ SHsTerer From Fits.
Mrs. Smell then proceeded to tell the
jury about the spasms Of her son. begin
ming about the age Of six or seven years
and continuing until he was thirteen years
OF age. He was, the witness testified
again kicked by mule
when he was thirteen he tried to kill
his brother in the yard. One of the men
took the gun away from him. After they
took the gun away. he had the hardest fit
he ever had"
The spdsms came at irregular intervals
Al sixteen he went away TO school and
remained for three years
His face sometimes would look all
scowIed mp and dishgured. l used to tie
his head up with towels. lie would say
My head viii Kill me- and he had TO put
I cold water on H. He went away for nine
wears and then came home and remained
. one year. He had a fit while he was home
I He went to his room. He wanted to Kill
somebody. and he got so bad that his wife
and I had to lock him up. He wanted to
{ kin somebody"
Mr.. Could objected TO the last sentence
OF the witness. and asked TO have the words
stricken from the evidence The court
ruled accordingly. The usual symptoms oI
. the previous fits were apparent in the lasI
one Smell was locked mp i'm the room
She could not see what ne did
II never saw him drink drop of whis-
Ky in his life, said the witness in reply e
"a query from Mr. Mitchell She was asked
/ her opinion of the sanity OF her son. anC
I Mr. Gould instantly objected quoting from
q ruling from q Pennsylvania case.
+ The court ruled In favor Of the defendant
, after quite lengthy debate between tn,
I lawyers.
Tns question was merely as 70 the ad
/ mission OF the mothers opinion. I'm evi
. dcuCo. of her sons sanity. and she in sev
( orIl instances begged 10 be heard on som,
: point Judge CIabaugh reminded her kind
( ly that the gentlemen defending her sol
/ would protect his interests fully
The question being again asked the wit
. ness said that she was of the opinion tina
he was at times insane. The witness wa
then temporarily dismissed and held sub
iect to recall. The court then took reCes
. until I o'clock
The first witness called after the nooi
/ recess was Mrs Smell, for the cross -exami
nation
Ii was announced by the District Attor
uey that the Government had no cross-ex
animation. and Ralph B. Daniels wa
! called. He is a soldier Has been in IN
i service for six months He lived nea
! Smells house and had seen him much O
( the time for three years past
] What was he accustomed 10 carry il
/ his pocket" asked Mr.. Turner. The Gov
! erument objected. stating that IL IL wa
/ the object to show that he was in tn
/ habit Of carrying a razor il was out o
l order.
/ The court ordered him to answer tn
| question and Mr.. Turner asked for tn
! razor. This he showed 10 the witness. l
was identified as the one Smell had beel
! in the habit Of carrying. He was thel
! asked il he had noticed anything extra
/ ordinary in the conduct Of the defendant
| Objection was twice taken by the Gov
| ernment To what they called leading gues
| tiOns. and Mr. Turner said they wouI
take the question from the District Attor
| ney
"Ouce when I went to his house b
I caught me by he coat and began to shak
! me. He hurt me severely. When / aske
/ him some time after what he had mean
] by il. he never answered me-"
Again objection was taken on a technica
point. and the court asked for a reading
1 of some authority on the subject Mr
/ Gould read a lengthy ruling in the Taylo
murder case
AMERICAN FRUIT IN GERMANY
| Increased Imports and Reduce,
Prices Reported.
! Consul CpnaraT C.unnfhnr of Eraplyr,rl