The evening times., 1900-01-25

The father of Benjamin H. Smell was the
principal witness for the defence in the
murder trial today. He swore that in
sanity had been hereditary in the family FOR
generations, and that many members had
been inmates Of Georgia asylums for the
insane. 4 large part OF the morning
session was taken up by the opposing
counsel in arguments on legal technicall-
ties. Smell preserved his appearance OF
complete indifference to the proceedings.
The prisoner entered the courtroom at
1o.oS O'Clock The weisenbcrger family
were present. but Snelrs wife was not on
hand. The members Of the regular panel
Of Jurors we're excused until Monday
morning az 10 o'clock. There were deep
circles under Sncu's eyes and his face
was not as ruddy as on Wednesday.
The father Of the prisoner was the first
witness. having been recalled from yes
terday. Snells wife came in as the Wit
ness mounted the box.
Mr.. Mitchell began the examination by
asking the witness 20 continue his testi-
mouy regarding the five members OF the
family Of the grandmother OF the defend
ant
Frequent objections we're interposed by
Mr. Gould to the phraseOlogy Of the ques-
tiOns put and the court ruled them changed
In their construction.
The witness testified that several men,
bers OF the family whose history he was
relating had died in insane asylums in
Georgia.
What was the reputation in the family
as to the mental condition OF Jesse Simp-
SOM" asked Mr. Mitchell.
Mr.. Gould objected as calling forth in
competent evidence and Mr.. Mitchell
quoted from Rogers expert testimony
State VS. Windsor. 9TH Delaware page I67.
saying it was recognized authority, and
there began another spirited debate be-
tween the junior counsel for the defence
and the attorneys for the Government
Who Is this person of whom the witness
Is testifying?' asked the court.
Il would have to have a diagram to tell
the court" said Mr. Gould
1t Is the second cousin twice removed
Oi the defendant. said Mr. Mitchell at
which the assistant district attorney smil-
ed and Mr. Mitchell went on to expound
the law as laid down by the authorities he
seyerally cited. Some time was consumed
in trying to- disentangle the relationship OF
back. M~. Gould made a lengthy state
men in reply 10 Mr. Mitchell The legal
p grew more severe as each hour pass
ed. scarcely a question coming from the
defence that was not objected to by the
prosecution. Messengers were kept busy
running for law books. and the tables or
both sides grew beneath their weight The
jury began 10 show signs OF weaTiness but
gave close attention 10 the legal phases OF
the case. Smell closed his eyes and appear
ed 10 be taking much needed nap. His
wife glanced from side 10 side. and bit her
Iips
The court. after listening for more than
an hour TO argument finally ruled that the
witness could not by precedent be permit
ted 90 testify as counsel for the defendant
had held.
DR.. Woodward came I'm and said that the
witness Wright. " no was a smallpox sus-
pC"L would BE- permitted to attend the trial
and the court ordered that he be examined
as 10 whether he had changed his clothing
since having been iH the sick room Of
tie smallpox patient, and if so, be might
b. brought i'm.
Or. John b. Chaplin. an insanity expert
Of Philadelphia entered the court az II
O'c,O,k. ready for examination on the wit
ness stand.
The witness was finally permitted TO tes-
tify as TO what he based his opinion On OF
the insanity Of the ancestors Of the defend
ant He stated that il was 10y observation
As far as he could recall the relatives
whom he had known seemed weak minded
This testimony was stricken cut upon an
objection from Mr.. Anderson. The witness
again went into a detailed explanation OF
the geuealOgy Of the Smell family showing
insanity in several cases ana that the
witness and his wife we're first cousins
Following this was more testimony as to
the insanity Of nearer relatives Of the de-
fendant
The testimony Of the father has been
most conclusive that strain Of weakmind
edness and lunacy has been handed down
from generation TO generation in the Smell
family but many OF the answers were
stricken out as being based upon Obserya-
tion not competent for admission as evil
dence- Coming down from the grandpar-
ents Of the witness his testimony finally
reached the defendant
Upon crOss-examination Mr.. Gould drew
nothing material from the witness, save
the fact that the Smell family and coIlat-
eral branches have been large patrons OF
the Milledgeville Insane Asylum in Geor-
ga. and OF those who were not at some
time incarcerated there. a large proportion
were confined, upon their own estates. in
specially imprOvised buildings.
II appeared from the testimony that at
no time since its erection has the asylum
referred to been without a representative
OF the Smell family in it.
The witness was finally excused without
the lawyers eIiciting anything more of
Importance from him. and Mrs. Julia Du-
val was called by the defence. She said
she knew Lizzie Weisenberger. who had
been in the employ OF the witness. At va
ri0us times Lizzie called at the house OF
the witness. On the Tuesday and Friday
nights prior to her death she was there
she was at my house the last week of
her lifes / gave her money TO buy a pair
OF shoes the very night before she was
killed. She was with me for six weeks
ell but the second week before her death
while ! was In WarrentOn.
On cross-eNaminatiOn the witness said
that Lizzie was acting as a nurse for the
grandchild Of the witness. Her responses
60 questions were more vOluminous than
the attorneys desired. and in some few
instances IL was hard matter to stop her
Lizzie never left the house at night the
witness said because she had said she was
afraid
The witness was then excused and Will
IL pvarv ono