The evening times., 1900-01-22
SMELL Hears TIE STORY
The Father and Mother Of Lizzie
Weisenberger Testify.
Witnesses for the Government Tell
of the killing Of the ChiId-The
md Flushed at the Statements
Made to the Jury-The Evidence.


md Flushed at the Statements
Made to the Jury-The Evidence.
The United States began the cass against
Benjamin II. Smell this morning by pro-
ducing and placing upon the stand various
witness TO corroborate the assertions
made by Assistant District Attorney A b.
ley Gould in his statement to the jury en-
Saturday last. The courtroom began to
fiji before 10 o'clock. and Judge CIsbaugh
entered at five minutes past the hour. AID
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 Mr.. and Mrs. Smell, senior.
came in, but we're escorted out, and the
prisoner entered quietly. and took niE
seat. The roll was again called. Smell did
not look so firm in Gemeanor as On 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 wiz
nesses were excluded from the room. aLd
held il the witness room, subject 10 call.
Mr.. Turner stated that the expert witness.
es for she de-snce would not be on hard
| today.
The First Witness
The government called Samuel L. Brown
Of the Metropolitan detective force. .Ie
was called upon by Mr.. Anderson to idea-
tily the chan OF the premises which he had
drawn from obaeryation at the time OF
the murder re 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.
a man By 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 WeisenbergeT family being the
only occupants OF the lower floor Of the
! house
The attorneys for Smell were intentIy
! llsteninS, and Mr.. Mitchell took many
/ notes on the testimony. The witness was
I then retired and Carl WeisenberEer. the
/ father OF the murdered child and q butcher
/ by occupation. was called He now re-
I sides at 527 Fifteenth Street northeast At
I the time OF the murder he lived al 140 Nine
] teenth street northeast. Prior 70 the muir
der he had lived at that house not quite
! three months. Before that time he lived
] I'm ROsedale Street. He was torn in Baden
I and came 10 America in 1870. He had lived
! IN Washington twelve years. lie 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 "nela."
SReI's Wife Composed.
The wife Of Smell was sitting on his right
hand. and seemed calm and composed She
| did no 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
/ mu" Ier, and that Lizzie had lived at the
prisoners house for four or FIVE years. She
had left SHELLS house about three months
I prior to the murder He heard a rap on
[ the door at a shore tim before o'clock
| on the morning OF August last Smell
| asked him for a drink OF water The Wit
ness went 10 draw the water al the hy-
drant. and had scarcely filled the pail wheT
| he heard the cry Of murder. He raa TO
the house and met Smell coming Ou.. He
caller the prisoner a scoundrel.
! Il thought you were my best friend -
I said, "and you make such trouble il 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 vas
all blood. and her throat was cut from one
ear to he other ear" there was not the
I slight sst 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
! said something to him, but he could not re-
/ call what it was
Mr.. Turner then took the witness for
! the examination. but drew from him
not a 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
! to the witness there were in the house
| the parents. and Lizzie and Henry. the
| children. The witness stated that she had
! known the prisoner for eight years. aud
! that he had a wife and a seven -year-old
! ds- shter at the time Lizzie was eight
years of age. Lizzie went to Snelfs house
| she said. at the solicitation of Smell. as
| he wanted some one for company for his
| daughter, and he offered to paw the child
! 10 cents 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 ne might have
! Lizzie come TO his house for company for
his 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
| time she had been home for three short
periods. The mother wished to keep her
child to raise herself. because. she testi-
lied, Smell had kept her from school. ard
had sent her for beer.
Knew What Was Going On.
''I told him 1 knew what was going on
in his house, and Lizzie was seeing moth
ing but bad in his house. One time he
came in and grabbed her by the arm and
| wanted her to come back. He wanted to
| yivp her now drpce bat