Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-01-24

the family
The next witness was an old man named
James T. Ferry. Two days prior to the
tragedy. he said. man whom he recos-
nized in court as Smell offered to assist the
witness to his home. After proceeding a
| little way his volunteer escort suddenly
whirled the witness around. Although the
testimony was objected to and ruled out.
Mr. Ferry succeeded in saying that he was
emphatically of the opinion that he was in
the company of an insane man.
Testimony of NefghbOrx.
William II. Martin of zoos II street north
east. next called. also told that Lizzie
NeisenbeTger was treated as one of Smell s
family. The defense also attempted 10
show by the witness that Smell was drunk
on number of occasions their theory be-
ing that alcohol is producing cause of
epilepsy. and that Smell Was affected after
imbibing a small quantity of liquor.
Mrs Julia Martin of 1901 Benning road
informed the court and jury that from her
observation Smell treated Lizzie Weisenbcr-
ger, while she was living at his house. as
though she was his own child. On one Oc-
casion Smell was very abusive to the wit
ness. He was under the influence of liquor
at the time.
fled that he has known Smell for several
years. The witness detailed a number of
actions on the part Of Smell in 1892 and
1873. which the witness considered We're
queer.
Mary Roberts OF 1O11 Eth street south
east. who formerly resided near the Shell :
on Bladensburg road. was called to sub
stantiate the preceding witness. who re-
Cited that Lizzie Weisenherger was treated
as one of the Smell family
The defense endeavored. hy this witness.
to contradict Mrs. Weisenbcrger as regards
the denial of the latter that she had said
TO the witness, Zen Smell is making too
much money. and / intend to break up his
family. The court ruled that no founda-
ton for the contradiction had been laid
The witness. however, did contradict Mrs
Welsenberger by testifying that the latter
told her about six weeks prior TO the crime
that Lizzie would never be allowed TO re-
turn to Smells house.
The person next called. James f, Nc
Douglal of 81 New Jersey avenue said
that he was in Il saloon on the Bladens-
burg road several years ago. when Smell
received certain injuries. He saw Smell
knocked down
AT this point a recess was taken. As
Smell was being taken from the room he
met his daughter. He stopped and kissed
her She was about to pass on when she
suddenly gave way to tears and for several
moments remained with her head on her
fathers breast weeping.
Much-Needed Witness
After recess Attorney Turner again called
| the attention of the court to the matter of
the prospective witness, Wright. in whose
4iih!iS uiplltneffd exists. He is a most i'm
pCrtant witness, said Mr.. Turner, who will
testify as to the condition of Smell as late
as L or O'Clock the morning of the killing
The matter was allowed to rest until the
health officer could be cors ulted.
PatrOnized Flying Horses
Mrs Mary E. Slack, who resides on Ben
ming road. was the first witness to appear at
the afternoon session. She saw Smell, she
said, the night before the murder, riding on
the flying horses near her home. She was
not examined further.
Ralph Daniels, Smells son-in-law, who
testified yesterday. was recalled and per
! n2itted to say that when he asked Smell
why the latter choked him on one occasion.
the defendant replied that he did not re-
member anything of the occurrence.
From what you have seen of the de-
PENDANT. Daniels was asked, have YOU
formed an opinion regarding his mental
&C ndition?'
Il have?'
DO you consider him sane or fnsane?"
Insane. of course
Walter w Daniels of 1:i1:; II street north
east, the next witness. testified that he has
known Smell for some years. had visited at
SHELLS house, and Smell had called at the
house of the witness.