The evening times., 1900-01-27

Considerable damaging testimony was
given against Benjamin II. Smell in hIs
trial for the murder OF Lizzie Neisen-
berger today. Pension clerks swore that
the prisoner had never shown any sign;
of insanity. and the officials at the jai
testified that Smell simply pretended tC
have epileptic symptoms, when the doctcrs
were present to examine him.
John w. Watson. Chief Of the Southern
Division of the Bureau OF Pensions was
the first witness called today by the Gov
eminent, and to questions put by MIR. An
derson, stated that he had occupied a po-
sition IN the Pension Office since 1882 and
had known and worked with Smell fol
seven or eight years.
Smell was an examiner in the office
His work was the most difficult in the Of
fee There was a great deal of cores
pondence connected with it,
''Do you know whether he was at work
in the Office on the Saturday preceding this
tragedy"
Yes. sir; he was there and there seem
a to be no change in his work"
GU uul 0Al lifOl tAAAAs " NV ~
s1eutsl and physical condition."
4 did replied the witness. He never
impressed me as a man of unsound mind.
nor did he seem to be physically weak in
any way"
The rass-examfnation brought forth the
fact that the witness was on terms Of good
fellowship with the defendant at all times.
J.; -
to draw from the witness the fact that
Smell was always genial man and had
never exhibited any violent rage or in any
way given the impression that he was else
than an amiable and eyen-JempeTed in
diyidual
Theodore T. Sargent followed. Sargent
has been a clerk in the Pension Bureau
for more than thirty years, and knew Smell
quite well. He had seen Smell nearly ey-
cry day, and had considered him a careful
and competent clerk. whose duties we're in
way judicial and intricate in their char
acter.
u regard the examination of widows
claims as the most difficult in the bureau.
said the witness. The witness went on 10
relate that the defendant had also done tn,
work of examining into the claims of ne.
gro soldiers. a particularly difficult task.
The witress had never considered Smell an
insane nan. Neither had he observed any
physical ailments in the dedeiendant.
The crosa-eXamiuajiOn revealed the fact
that the defendant had taken his annual
leave in a day or Two at "a time charging
his absence to the annual leave instead OF
sick leave. The witness had also known
Smell as am amiahe and industrious man
who seldom talked much around The Office
beyond his official work. He had never
seen him under the influence Of liquor.
The JaiIer's Views.
Capt. James H. Harris Warden OF the
Cnited States Jail. was, the next Witness.
He had observed Smell almost every day
al the jail and under many circumstances.
He had held conversations with him. and
had formed the opinion that the defendant
was a sane man.
There has been quite a difference in
his conduct and manner while being eX-
amined by physicians. and while not un-
der the eye OF these men. AT the times
when the doctors were there he seemed 10
have a poor memory and to walk with a
limping and halting gait He would stag
ger when he attempted to turn around.
and nearly fall when he put his heels to-
gether. When he was being examined by
DR. Chaplin. OF Philadelphia he exhibited
the same signs. When no PHYSICIANS were
around he walked as well as anybody could
walk"
The witness testified that Smell had al
ways talked nationally He had had no
commissions while at the Jail
Have you observed how each man
among the 800 prisoners at the jail
walks" asked Mr.. Turner on the cross
examination
only when some special case required
it, replied the jaileT.
The witness was asked if he was much
Of an expert on walking, and replied that
his military training perhaps gave him
good knowledge of it.
Mr.. Turner drew from the witness that
he was perhaps expert enough to notice a
slight paralysis. He had noticed, however,
that the defendant had walked very badly
when the doctors had been present, but
that at other times there was nothing ap-
parenty the matter with his powers OF
lOcOmotion.
Mr.. Anderson asked if the witness had
ever observed Smell walk worse than at the
times mentioned. and he answered that On
an occasion when Dr. Richardson. Superin-
tendent Of the Government Hospital for
the Insane, was examining him he had put
his heels together and fallen 10 the floor.
Damaging Certificate.
Frederick F. Sayre an examiner in the
Pension Bureau, was then called. He said
he had known Smell since 1895. He had
seen and talked with Smell almost every
day for the last few years. This witness
also thought the defendant sane. The
Cross-examination was on the lines laid
down by the defendants counsel in pre-
ceding questions put TO these witnesses.
Charles Newburgh. another clerk in The
Pension Bureau, was next called. He said
ne had known the defendant since 1891.
as clerk in the bureau in the Record
Division. His testimony was on lines sim
ilar to the witnesses preceding him.
DIR. John II. Junghaus was called and
testified that he had examined Smell for
life insurance on October As 1897 for the
knights of the Maccabees. The witness
produced the blank application signed by
Smell. in which the applicant had denied
having ever had convulsiOns or any OF
the ailments commonly noted in the ap-
plicatiOns of insurance companies. The
applicant stated that he had no disease OF
the brain and was in general good health.
William H. Griffith was next called. He
lives at 1917 Benning Road. and is pres-
dent OF the Washington Wholesale Gro
Gerry Company. He testified tha, he had
seen Smell nearly every day up to two