The evening times., 1900-01-23
\ Sufferer From Fits.


Mrs. Smell then proceeded to tell the
jury about the spasms of her son, begin
ming about the age of six or seven years
and continuing until he was thirteen years
OF age. He was. the witness testified
again kicked by mule
when he was thirteen he tried to kill
his brother in the yard. One of the men
took the gun away from him. After they
took the gun away. he had the hardest tit
he ever had"
The spasms came at irregular intervals
A. sixteen he went away TO school and
remained for three years
His face sometimes would look all
scowlcd up and disigured l used TO tie
his head up with towels He would say
Ny head viii Kill me, and he had to put
cold water on il. He went away for nine
wears and then came home and remained
one year. He had fit while he was home
He went TO his room. He wanted To kill
some body. and he got so bad that his wife
and I had to lock him up. He wanted 10
I XIII somebody.
Mr. Could objected 10 the last sentence
OF the witness. and asked TO have the words
stricken from the evidence. The court
ruled accordngly. The usual symptoms of
. the previous fits were apparent in the last
one Smell was locked up in the ROOM
She could not see what he did.
II never saw him drink drop of whis-
I Ky in his life said the witness in reply to
a query from Mr. Mitchell She was asked
/ her opinion Of the sanity CT her son. and
/ Mr. Gould instantly objected quoting from
4 a ruling from a Pennsylvania case.
J The court ruled in favor of the defendant.
after quite a lengthy debate between the
+ lawyers
Tns question was merely as to the ad-
J mission of the mothers opinion in evi-
dcuce OF her sons sanity. and she in sew
/ gral instances begged to be heard on some
I point Judge Clabaugh reminded her kind
. ly that the gentlemen defending her son
I would protect his interests fully.
The question being again asked. the wit
. ness said that she was Of the opinion that
be was at times insane The witness was
! then temporarily dismissed and held sub
. iect to recall. The court then took recess
un'n ! O'Clock
The first witness called after the noon
/ recess was Mrs. Smell, for the cross -exami-
nation.
1t was announced by the District Attor-
uey that the Government had no cross-ex-
animation and Ralph b. Daniels was
. called. tie Is EOlulSG- las Deen III the
/ service for six months. He lived near
Smells house and had seen him much OF
! the time for three years past.
What was he accustomed TO carry in
his pocket asked Mr.. Turner The Gov
ornment objected. stating that if il was
the object to show that he was in the
habit of carrying a razor it was out of
I order.
The court ordered him to answer the
question and Mr.. Turner asked for the
razor. This he showed TO the witness. 1t
was identified as the one Smell had been
in the habit of carrying. He was then
asked if he had noticed anything extra
ordinary in he conduct Of the defendant.
Objection was twice taken by the Gov
ernment to what they called leading ques-
tions. and Mr. Turner said they would
take the question from the District Attor-
ney
once when I went to his house be
caught me by he coat and began to shake
me- He hurt me severely When / asked
him some time after what he had meant
by it. he never answered me-"
Again objection was taken on a technical
point and the court asked for a reading
of some authority on the subject Mr.
Gould read a lengthy ruling in the Taylor
murder case.