Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-06-29

eral occasions he was known to drop papers
upon the approach of guard or prisoner.
Never have the other prisoners shown any
thing but aversion for Smell. although
Frank W. Funk who narrowly escaped
death on the scaffold today, pited him and
was kindly disposed toward him. Smell was
extremely grateful for the attentions shown
him, but he showed dislike for Funk after
the latter was quoted as saying that he
had serious objections to dying on the scat
fold with him.
After this incident he passed Funk's cell
without looking in or addressing him. One
day Smell announced that electric currents
were passing through his head to an annoy
ing extent. The top of his head was made
hot. he said and he feared 1t would result
in causing a fire in the prison. His stomach,
he complained. was also affected by the
electricity. and for many weeks Smell told
the guards he had not closed his eyes since
he became aware that electricity had gained
such firm hold on him. Notwithstanding
these assertions the Jail officials knew that
he was getting as much rest as the other
prisoners.
Funk interested himself in SHELLS spiritual
welfare. and sent religious workers to see
him. Rev. John Roberts, the colored min
lister. called on him many times. and Smell
talked with him upon religious matters. He
invariably said he had done nothing wrong
and was not afraid to die. On one occasion
he said he was anxious to die, for he knew
he had never wronged anybody.
They say l did it, he frequently re-
marked, referring to his crime, but don't
believe it,
Sends for CIerGymen.
During his trial Smells aged parents were
in the city. having come here from Georgia,
and they visited him at the Jail number of
times. His wife and married daughter have
been faithful to him. and they spent fully
five hours with him yesterday. Warden
Harris has visited Smell a number of times
ID fyia "a tor cd N RELIGIOUS
matters but without effect. Late yesterday
afternoon. however after the condemned
man had kissed his wife and daughter tor
the last time he requested that the HeT.
Father Mcguire be sent for. His request
was complied with and the priest was soon
a the cell of the prisoner.
Most of the time during Smells coniine-
ment in the prison he occupied the big dou-
BILE cell at the south end of the building.
Yesterday afternoon when one of the guards
showed him to cell No. l in murderer
row. Il small one. where he remained until
today, he inquired:
Have l got to go in there?"
The guard informed him that he was
obeying orders. and Smell remarked:
That's too small for me"
During the afternoon he was given bath
and a shave 1t is known that his last
night earth was a restless one.
Before leaving the jail yesterday Mrs.
Smell expressed the belief that her husband
did not realize his position. and she felt
sure that his mind was not right. She said
his conversation during her lengthy visit
was a decidedly unsatisfactory one and sne
was unable to get any sensible statements
from him Her husband. she said, never
even inquired about the baby.
Story of the Crime.
BENJAMIN H. Smell was tried under an
indictment charging him with the murder
of thirteen-year-old Elizabeth NJ. Weisen-
berger, the 9th day Of August, 1879, by
cutting bar throat with q razor
The evidence on the part of the prosecu-
ton tended to show that between the hours
of and o'clock the morning of August
6. 1899. Smell went to the house of Karl
Weisenberger, father of little Lizzie, on
10th street northeast, with whom he was
acquainted, greeted him in his usual man
ner. and asked for a drink of water There
being water in the house. Mr.. Welsen-
berger went to a hydrant some distance
away to procure some. Thereupon Smell
passed through the house and entered the
kitchen. where Mrs. Mary Weisenberger,
the wife of Karl and mother Of Lizzie, was
preparing the morning meal. Smell greeted
her in his usual manner, to which she re-
sponded by ordering him out of the house,
and accusing him of having seduced her
daughter Lizzie.
Smell thereupon went from the kitchen
into the adjoining room, where Lizzie
Weisenberger was sleeping. drew razor
from his pocket and cut her throat, in
f1icting five wounds and nearly severing
her head from her body. When the moth
er, hearing the cries of her child, rushed
into the bed room to protect her Smell
saulted the mother. cutting her twice. Next
Smell passed out of the bed room through
the front room and out Of the front door.
where he met the father returning. The
latter seeing the blood upon SHELLS hands,
kicked him down the steps and followed
him up the street
Smell ran for a short distance and then
settled into walk Mr. Weisenberger fol-
lowed him, and charged him with having
killed his daughter, to which accusation
Smell replied:
YES, I cut her throat, and I will cut
yours. too
Thereupon the murderer left the Benning
road and was pursued across the fields and
through the woods. When his pursuers
drew near to him he frequently turned and
menaced them.
When captured by Policeman Pat Creagh
the prisoner claimed he had done nothing
and upon the officers demanding his gun
he replied that he had no gun. but had
razor, which he surrendered.
Resided With Smell Family.
Evidence was also introduced tending to
prove that Lizzie Weisenberger was about
thirteen years of age, and had lived in the
family of Smell for about five years prior
to the tragedy. as a companion for his
daughter Blanche, who was about the
same age, and that she had only been away |
from SHELLS house three times in that pc
Rod. the last time being about two months |
before the killing. After she left SHELLS
house the last time he had made strenuous |
efforts to secure her return, had offered to |
share his life insurance with her and had |
threatened that unless she returned to his |
house he would kill her.
The government having rested it's case,
witnesses were introduced on behalf OF
Smell. both expert and non-expert, who |
gave testimony tending to show that the |
murderer was insane at the time of the |
commission Of the crime.
In rebuttal the government offered the |
evidence OF a number OF witnesses who had |
been employed from two to nine years In |
the same bureau of the pension Office as was
Smell, and who had known him intimate ly.
and who testified that the class OF work on |
which he had been au1a Red renuirad a