The evening times., 1900-01-23

The prosecution in the trial Of Benjamin
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 fits.
At 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
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. a 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 Mr..
Turner. who said TO the court that the
statements which were being made were
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 go 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 10 be
guarded in his statements.
Il shall be properly guarded in my
statements" said Mr.. Anderson. i think
] know how to be so.
sometimes you forget" retorted Mr..
Mitchell
That's only human, replied Mr An
derson.
4 know il. and that's why I speak.
The witness then went on TO detail her
experience at the home of Smell She said
Sngll entered the bedroom where the two
girls were sleeping, and asked Lizzie TO
come into the other room. She refused to
go with him. and he took her by the arm
ard drew her out.
In a little while she came back. and she
was crying when 1 cried on account OF
Lizzie Smell threatened 10 kill me. He
hal a razor.
sisters on the stand.
Tha Government gave the witness to The
defence. auG Mr. Turner objec.ei to he
testimony. and asked that IT be stricken
out. The objection Was oyerrulod. and n
exception noted.
At precisely 1890 Smells vile catered
tie court She kissed her husband. and
sal beside him.
tn" witness was crosse examined by Mr.
Turner. who eudea ,ored to prove thar the
reason Suell had taken Lizzie cut Of tie
room was because the girls were skylark-
ing, hut Carrie refused 10 be turned in
Eor statements.
Emma Weisenberger was then cJllea.
She Is another sister eighteen years OF
age
When I came home from work one
evening smell MAS there trying 30 ge my
sister TO go back with him. ] told he not
10 &C. and he told me TO shut up.
told him if had 10 take care o. her my
self, Lizzie should not go back. and he
said / had too much mouth, and that he
would gel Robertson L. fix me Lizzie
VGs crying all the time he was trying o
get her to &c with him. This was en- tie
Tuesday before tn, murder.
The cross examination was rh-u begun
BY Mr. Mitchell
Did you come home on Friday Au-
gust 49,
Yes: I stayed about wo hours. 7 left
about or little after. I met Smell on
the Benning Road by the tollEatp He was
going toward the brick yards.
Witness said that she went hCne on the
Tuesday preceding The murder Smell was
there. and the rest of the family He was
trying TO get Lizzie TO come back with
him
4 told him that she should not 20 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 i'm Evidence.
Mrs. Mary Gentner was then called. She
stated that she lived at 744 Nineteenth
Street northeast on July rs last. She saw
Smell on that night go TO the door of the
Weisenberger house and rap for admit
5ance. That was all. and the examination
failed to elicit anything further.
Your honor, the court closes its case
with the Offering of this razor in evi-
dence." said Mr.. Anderson. The hour was
J1:55.
Mr. Mitchell addressed the jury in be-
half of the defendant He placed his
hands on his hips and paced back and
forth before the twelve men as he spoke.
lie claimed for his client hereditary in
sanity as far back as his grandfather
This, he claimed, was the result of con-
SanguineOus marriages. and the man on
trial was the unhappy victim born of a
marriage between first cousins.
We viii show that he had a falI which
produced an Injury which caused him up
20 the time he was twenty-threc years of
age. 10 suffer from cpleptic fits. At an
early age while so suffering. he ATTEMPTED
20 XIII his brother with a gun. A severe
beating years ago Oh the Bladensburg Road
left him mentally worse of than before,
leaving him violent tempered man OF un-
Controllable impulses"
The lawyer claimed that the murder was
committed by man who was mentally
irresponsible. The address was brief, but
impressive on the plea of insanity.
Benjamin ". 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 TO
the questions inferring insanity by heredity
before the insanity OF the prisoner was
proved. He submitted statutory proof
Mr.. Mitchell argued against the objection.
insisting that il was proper to show
heredity tendencies before showing the
proof OF the defendants insanity.
The court ruled that II the defence first
offered proof OF heredity, and then proof
OF the insanity, they were correct,
Mrs. Smell Testifes.
Mr. Gould quoted from the decision OF
Il,lon Scott in the Gnifaan case ..mfich