The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-01-20
7HE SMELL MURDER Case
The Jury to Hear the Evidence in
the Trial Complete.
The NOnchnIance of the Prisoner and
the Grief of His MOther-TiIts Be
the Examination of TaIesmeE.
Curious Excuses 10 Evade Duty,

The jury in the Smell murder case was
finally selected at 1920 o'clock, and the
prosecution begun. at the reconvening Of
the court at 1 o'clock after the MONDAY
recess. The full jury is as follows:
William T. Pierce. Everett L. Ellis,
Charles W. Tolson, Frederick L. Newman,
John Crawford, Charles y. Cunu/ gham,
Joseph A. Lynn. Thomas Norw>>d. L. 1.
Butler. Henry ID. Nicholson, John i.
Barnes, and Joseph r. Nelson.
After spending the entire forenoon in
mOnotonous examinations. there was a
sudden lull in the proceedings, and in the
tense hush someone dropped an umbrella.
At the same moment Mr.. Anderson, Dis
trict Attorney. arose and said:
If your honor please. the Government
is satisfied with the jury" 1t was the
last thread. The case had begun.
Smell slouched into the courtroom this
morning nOnchalantly. his pOnderOus
weight Earring the floor as be moved to his
seat behind his counsel Previous to 10
o'clock. his father and mother came in
and took seats in the front row immed-
ately In the rear Of the counsel for the
prosecution As The son came in the old
mother, a look OF anguish on her face.
glanced appealinlty toward him. Her face
was partly shielded by her right hand. in
which she held a handkerchief As sOcn
as the prisoner had taken his seat. the
parents were escorted to chairs beside him.
the mother being placed on his right hand
He glanced at her, but spoke no word.
and the CTier opened court.
The members OF the family of the muir
dered Lizzie Weisenberger were not pres
ent. when the examination Of talesman be
gan.
5. Sprigg Belt was the first man called
and upon being examined by the court
stated that he had formed a decided opin-
ion and that II would be a hard matter to
alter his opinion. He was so decided that
he was disqualified
Thomas Wntberger, Superintendent Of
Rock Greek Cemetery, was examined as
being exempt from service under the law.
Harry Perkins. a carpenter. OF AnaCOs-
tia. said that he had formed no opinion as
TO the sanity Of the defendant. nor Of the
merits Of the case. and that upon evil
dence in the case depended the iuhiction OF
the death penalty or imprisonment for life
in the event OF Imprisonment He had no
prejudice against insanity as an adequate
defence for the crime of murder He
proved 10 be sound on all questions and
was seated
The defence then excused Mr. Blake un-
Ill next Thursday aud called Harry ".
Bowling for examination. He was op-
posed to capital punishment and was
challenged by the Government for cause.
Upon examination by the counsel for the
defence. his opinion underwent no change,
and he said that not even under the
sOlemuity Of the jurors oath could he rem
der an impartial verdict. The challenge
was sustained.
Charles Weitzel said that he had formed
an opinion and his replies we're 50 uuin-
! telligent that he was voluntarily excused
by both sides Of the case.
Edward s. York. upon coming 20 the
/ front, expressed a prejudice against capt.
tai punishment, saying that he had on
/ various occasions been excused for this
reason He was disqualified
ID. w. Chambers was disqualified ewing
/ 10 jury service in November last.
The WaIvure Discussed.
/ L. J. Butler. a grocer. OF 62I Twenty
/ third Street northwest, was next called.
/ He said he had on various occasions serv-
/ ed on juries, and his opinions being found
/ to be as fair and unprejudiced as was pos
sible. he was seated. filling the box and
/ the Government expressed satisfaction
/ with the jury but the defence excused
Mr.. Herald. ana John l. Burns was called.
/ He was examined fully and seated.
Some discussion was caused between the
| Government and the defence in reference
+ TO the waivure by the former OF their right
/ Of peremptoTy challenge. The cour, de-
I cided that the challenge was not forfeited
/ by the waivure. and that they still had
1 the right 10 challenge any man on the
[ jury. although they had expressed salts
/ faction with il as IL at the time stood.
I The defence therefore excused Mr. Major.
leaving them but two challenges remain
ing.
Charles F. Nesbitt, a real estate broker.
Of 1901 Phelps Place, was called. He said
that. with one possible exception. which
he was not pressed to state. he could rem
der an impartial verdict. He had formed
an opinion, and upon questioning by Mr.
Turner. said that the possible exception
to which he had referred was his bias
against the plea Of insanity and that he
would regard with a great deal OF suspi-
ciOn such a defence for the crime of MUIR
der. SHELLS counsel then challenged him
for cause, since he was prejudiced against
the meterial defence in the case. Mr.
Gould put him TO the test. but without
avail, and he was excused
William Stevens stated that notwith-
standing an opinion formed, he could sit
in the jury and impartially try the case.
He had no leaning one way or the other for
either penalty prescribed by law and plac-
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