The evening times., 1900-01-22

| He wanted Lizzie back. He said he
would give her s6 a month. and | should
have everything that | needed. He said
he was insured for $4,000, and he would
| give Lizzie $500 of that. | said: No, /
| don't want your money. ! want Lizzie
| here. You shan't have Lizzie "
Smell then asked where Lizzie was, and
| she told him, but he said he already
| knew.
when he came to the house on Friday
he said IF can't have Lizzie any more,
we die together"
The witness then ordered him out of the
| house, saying. What you have done to
| Lizzie is enough
Il went on to cook breakfast. and he
went somewhere. Then heard a scream
three times of murder and ran to the
room He came out and knocked me down
and cut me on the hand and on the lip"
| Displays the Scar.
She got upon her feet and ran to the
room where Lizzie was. but the child was
too far gone and could not answer her
Witness ran to the front door, but Smell
had gone and she did not see him. The
witness displayed the scar upon her head
tilt occurred at a leading question,
| Mr.. Turner objecting, to which Mr.. An
derson said that it was intended to draw
out an answer.
VERY well, then, we note an objection,
and ask the stenographer to note that the
district attorney says he intends to ask
leading questions
| oh | didn't mean 1t in that broad
sense" said Mr.. Anderson.
| The court put the question. whicn was
| merely a different repetition OF the scene
| in the house on the morning OF the murder.
Mr. Turner took the witness. and the
question of salary paid Lizzie was taken
| up. The attorney confused the witness
somewhat by implying that the mother
had allowed her daughter 10 remain at
| SHELLS house when the child cried and did
| not want TO return.
Ibid you tell your husband that Smell
had said they would die together II Lizzie
| did not return to him.
mo. not at that time: told him after"
| In an endeavor to draw from the witness
| the fact of her having told Mrs. Robin
| son. about two months prior 10 the mur-
| der, that she would never let Lizzie go
! back to SHELLS. the defence failed. mild
sensation was caused when the witness
| said that she was out OF her head at the
| time of the inquest and could not recall
what she had said there Mr.. Turner gave
| the witness to the Government Tor the re-
direct examination. but nothing transpired,
and little Henry Weisenberger, nine years
! OF age. was called.
/ Mr. Turner then asked the court to eH-
| anime the boy as TO his undei standing OF
! the nature OF an oath.
The boy Witness.
Il am sure he will tell the truth, but it
| may be as well TO examine him"
| Henry then said that if he told lie he
would go to the devil and the crier
raped for the necessary order, that had
been disturbed. The witness said:
Mr. Smell raped at the door and asked
| my father for a drink Of water. and when
my father went for it Mr.. Smell walked
into the kitchen, and when my mother told
| him to get out he came into the room
where Lizzie was sleeping and he sat in
| the chair by the bed for minute and
then be took Lizzie's head on his arm and
cut her on the throat like that Gllustrat-
| ing) and she hollered three times 'mur-
| der and hollered murder"
The razor was placed on exhibition and
| identified by the brother of the murdered
child
The defence then took the witness. but
failed to confuse him. and the next wit
ness called was Katharine B. Kraft, now
time of the murder she lived at 740 Nine
teenth Street northeast
Mr. Gould examined for the Government.
She heard Smell on the Friday evening pre-
ceding the murder say he would take Lizzie
dead or alive; he would kill her and kill
| himself
His tones were angry said the wit
ness "and l heard Lizzie cry out Let go
of me, as if he had caught her"
Corroborative Testimony.
On the morning of the murder she heard
him enter the house. and overheard the
conversation between Mrs. Weseubereer
and Smell. Her testimony corroborated
that of Mrs. Weisenberger, and Mr..
Mitchell took up the cross examination for
the defence.
The witness said that Smell had taken
hold of Lizzie and told her TO come With
him, that he would take her dead or alive;
they would both die together Lizzie re-
fused to go, and her mother went TO
neighbor's house and Smell and Mr. Wei
senberger talked together. On the morn
ing of the murder the witness was just
rising from bed when she heard a knock,
and opening the blinds of her room saw
Smell just entering the house. She later
heard the screams of murder from Henry
and his mother, but did not hear any cries
from Lizzie. She saw Smell leave the
house, his head bowed and the razor in his
hand. She followed him with her eyes un-
til he turned the corner into Benning
Road. He walked as if nothing had occur
red.
SMELLS Face Gets Red.
At this point in the progress of the trial
SHELLS face had grown red, and seemed
more pulled than usual, while the hither-
to Indifferent look had given place to one |
of eagerness, and he watched every move |
Of the witnesses. A telegram came for |
Juror Ellis, and was opened by the court, |
and then handed to him. 1t was a message |
from his family stating their good health. |
John Kraft was then CALLED. He had. |
he said known Smell for seven or eight |
years, and saw him frequently during that |
time but had had no social intercourse |
with him. He ran into Lizzie's room after |
the cry of murder, and saw her kneeling |
on the bed. her hands holding her throat |
the whole bed and her clothing covered |
with blood.
His testimony produced no new facts, |
other than that when he saw Weisen-
burger attempt to take hold of Smell after
the murder, he told him to keep away
from him.
Mr.. Mitchell remarked that the witness
was peculiar.
What's the matter with this witness"
said Mr.. Anderson.
Quite a furry was occasioned for a mo- |
ment the court stopping it by saying that |
no comments upon the witnesses must be
made by counsel.
Il have noticed it before on one or two
occasions, and the gentlemen will be care