The evening times., 1900-01-24
for him, save in the case of the broken

for him, save in the case of the broken
leg.
''As a non-expert, have you formed any
opinion of the sanity of the defendant"
I'VE object" broke in the prisoners
counsel.
The court ruled that the defence was
right, but would hear Mr.. Gould.
L do not wish to be heard, your honor.
/ always yield TO the ruling of the court. !"
That's an inevitable necessity, l be-
lieve' said the court. The crier had TO
rap loudly fer the order the repartee rad
disturbed
DR.. Ray d. Walker. of 1863 Maryland
Avenue northeast, was called.
Dr. Walker said he had treated Smell for
alcoholism and nervousness, and for in
somnia. Headaches were symptoms of
these ailments.
The ross-examination asked where the
bruises on SHELLS head were located. These
were received in the fight on the Bladens-
burg Road in 1897. They were on top Of
the head. He had never treated the de-
fendant for epilepsy, nor had he seen any
indications Of it. He was excused.
Harry Shedd. of 1911 II Street north
east, was then called. His house is mex:
to SHELLS. Shedd had seen Lizzie Weisen-
berger around the Smell house, living ap-
parently as one of the family. This was
the limit of the examination and the Gov
ernment had no cross examination.
James T. Ferry, 1916 Kramer Street
northeast. was the next witness. He said
he knew Smell by sight He had met the
prisoner about week before the killing
of the little girl. Smell had offered to
escort Ferry, who is an aged man. home
from a store. Smell took hold of his arm,
and they walked together. No particular
conversation was INDUCED in. When near
Ferry's home, Smell had lifted him from
his feet and swung him back and forth.
| Objection to the opinion of witness as to
the sanity of the defendant by the Govern
ment, was sustained by the court.
He was not in liquor" said the wit
ness, Il wouldn't cross the street with a
man who was in liquor l can smell it a
mile away"
William II. Martin. of 1908 Bennng
| Road, followed Ferry on the stand. He
knew the Smell family for two years. He
| said Lizzie Weisenberger. the girl, was
treated as a member of the family. On one
occasion the witness said he had had trou-
Bile with Smell at whose house he had been
in the habit OF playing cards. Once Smell
came to the house of witness, very much
| under the influence of liquor, and acted in
an outrageous manner.
Frequent objections interrupted the tes-
timony.
Mrs. Julia Martin. 1901 Benning Road
| testified that she had known Smell for three
| years.
She haC seen Smell under the influence
of liquor. Once he had spoken to her
| very abruptly"
My husband was with me. Smell was
very abusive. He talked with us for about
| half an hour
She was excused without cross -examina-
! tion. and G. II. Hammett testified that
! Smell had called at his house, and going
| in the yard had wandered around aimless-
! ly. The witness was frightened.
Mrs Robertson. of 101l Twelfth Street
southeast. the next witness, said she had
/ known the defendant for eight years, hay-
/ ing lived next door to him at the time.
/ She had known Lizzie Weisenberger, and
! she testified that the child was treated as
one of the Smell family.
She had kncwn Mrs. Weisenberger for
several years. Witness had seen Mrs.
Weisenberger passing the house OF the lat
ter about two months before the killing
of Lizzie This was in direct contradiction
of the testimony of Mrs. WeisenberGer
given Monday. the latter having de-
nied having any conversation with Mrs.
Robertson or having seen her at time
Two months prior to the killing.
James f. McDougal. ell New Jersey
Avenue northwest. followed. He was I'm
Bohnke's saloon on the night when Smell
had tie trouble with the Long boys, in
which Smell had his leg broken.
Il was standing there. paying no atten
tion TO what was going on before the
trouble said the witness, "and had my
back turned TO the others. l heard some
loud talking and heard a heavy blow
struck | turned around and saw Smell
fall. No one else was present but the men
in the fight -
There was no cross examination, and the
witness was excused. A recess was then
taken for lunch and Snells daughter met
him as he was going out Of the room and
fell weeping in his arms. He patted her
on the back and she left the room on her
husbands arm, still crying. Smell looked
worried, but bore up