The evening times., 1900-01-22
SMELL Hears THE STORY
The Father and Mother of Lizzie
Weisenberger Testify.
Witnesses for the Government Tell
Defendants Face Becomes Swollen
and Flushed at the Statements
Made to the Jury-The Evidence.

The United States began the case against
| Benjamin H. Smell this morning by pro-
ducing and placing upon the stand various
witness TO corroborate the akse! tons
made by Assistant District Attorney A b.
ley Gould in his statement to the Jury en-
Saturday last. The courtroom began to
entered at five minutes past the hour, and
the court was at once opened.
After the call of the witnesses for the
prosecution, a few OF whom had not ar
rived when the roll was called. there was
a pause, and MIR. and Mrs. Smell, senior,
came in, but were escorted out, and the
prisoner entered quietly, aud took mis-
seat. The roll was again called. Smell did
not look so firm in Gemeanor as OF the
preceding days. There was an appearance
OF anxiety in his face, and he was pal
pably nervous.
AT the request of Mr. Turner, all wit
nesses were excluded from the room ard
held il the witness room, subject TO call.
Mr.. Turner stated that the expert witness
es for the defence would not be On hard
today.
The FIRST Witness.
The government called Samuel L. Brown.
OF the Metropolitan detective force He
was called upon by Mr.. Anderson to iden-
tiiy the char OF the premises which he had
drawn from observation at the time of
the murder. He said that the plat was not
drawn to a scale, but showed the actual
measurements. Detailed explanations were
gone into as 10 the various distances from
point to point in the house and in the
vicinity.
man b. the name of Kraft and his
wife lived in the upper story of the Weis-
enberger house at the time the chart was
made, the Weisenberger family being the
only occupants of the lower floor of the
house
The attorneys for Smell were intently
listening, and Mr.. Mitchell took many
notes on the testimony. The witness was
then retired, and Carl Weisenberger. the
father of the murdered child, and butcher
by occupation. was called He now re-
sides al 521 Fifteenth Street northeast. At
the time of the murder he lived at $40 Nine
teenth Street northeast. Prior to the muir
der he had lived at that house not quite
three months. Before that time he lived
in Rosedale Street. He was born in Baden
and came TO America in 1870. He had lived
in Washington twelve years. He had been
married twice, the last time being about
nineteen years ago.
The witness spoke with a strong Ger
man accent, and in answering questions
in the negative always used the German
word "nein."
SnelI's Wife Composed.
The wife of Smell was sitting on his right
hand, and seemed calm and composed She
did not give any apparent attention 10 the
witness on the stand but permitted her
eyes to wander about the room before her.
The witness testified that he had known
Smell for eight years at the time of the
murder, and that Lizzie had lived at the
prisoners house for four or FIVE years. She
had left SHELLS house about three months
prior to the murder. He heard a rap on
the door at short tim. before 8 O'Clock
on the morning of August last. Smell
asked him for drink of water. The wit
ness went 10 draw the water at the hy-
drant, and had scarcely filled the pail when
he heard the cry of murder. He ran TO
the house and met Smell coming out. He
caller the prisoner a scoundrel.
Il thought you were my best friend"
I said, "and you make such trouble in my
house.
Witness then said that he called to Mr..
Kraft and the TWO followed the murderer.
Describe to the jury the condition OF
affairs as you went into the house, said
Mr.. Anderson.
The Murder Described.
Witness described the murder in detail
and the women in the court, were, seem
ingly, the most absorbed of the auditors.
When the witness said that the bed was
all blood. and her throat was cut from one
ear to the other ear" there was not the
slightest trace of emotion on a single fem
inine face present. Weisenberger told the
jury of himself and Kraft following the
prisoner to the graveyard, where they
abandoned the chase.
DO you recall anything Smell said as he
left the house," asked Mr.. Anderson, at |
which Mr.. Turner objected but was over |
ruled. The witness said that Smell had |
said something TO him, but he could not re-
call what ii was. |
Mr.. Turner then took the witness for /
the cross examination, but drew from him |
not word of advantage to the defence
Mrs. Mary Weisenberger was called by |
the Government.
Her testimony was on lines similar to |
that of her husband. Lizzie and her moth |
er on the Saturday night preceding the |
murder were sleeping together. According |
1
the parents and Lizzie and Henry. the |
children. The witness stated that she had
known the prisoner for eight years, and |
that he had a wife and a seven -year-old |
daughter at the time Lizzie was eight |
years of age. Lizzie went TO Snells house,
she said. at the solicitation of Smell. as
he wanted some one for company for his
and he offered to pay the child
10 cents a day for her services. This was |
about six months after she had known |
Smell. To the jury she said that she had
arranged with Smell that he might have
Lizzie come TO his house for company for
bis daughter and remain over night.
This was when the two families lived
side by side. The child lived with the
Smell family for FIVE years, during which
ime she had been home for three short
periods The mother wished to keep her
;hild TO raise herself. because she testi-
led, Smell had kept her from school, and
had sent her for beer.
Knew What Was Going On.
81 told him / knew what was going on
IN his house, and Lizzie was seeing moth
ng but bad in his house. One time he
,ame in and grabbed her by the arm and |
wanted her to come back He wanted to |
give her new dress and hat, but Lizzie |
was afraid of him. The child cried all |
he time. She didn't want to go back, |
put she didn't tell me the reason. In |
about week she went back. The last S
ime l took her away was two months be-
ore he killed her.
Witness testified that Smell came twice | :
n one week to see the child on Tuesday /
and Friday, but she did not return with i