The evening times., 1900-01-25


The father of Benjamin II. Smell was the
prfncinal witness for the defence in the
murder trial today. He swore that in
sanity had been hereditary in the family Tor
generations. and that many members had
been inmates of Georgia asylums for the
insane large part of the morning
session was taken up by the opposing
counsel in arguments on legal technicali-
tics 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 Suells wife was not on
hand. The members OF the regular panel
oi Jurors We're excused until Monday
morning AT 10 O'Clock. There were deep
circles under Sueu'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 Snell's wife came in as the wit
ness mounted the box.
Mr. Mitchell began the examination by
asking the witness to continue his testi-
family of the grandmother of the defend
ant.
Frequent objections were interposed by
Mr.. Gould to the phraseology Of the ques-
tious nut. 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 calling forth in
competent evidence and Mr.. Mitchell
quoted from Rogers expert testimony,
State VS.. Windsor 9Th Delaware, page l6i,
saying it was recognized authority, ana
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 diagram to tell
the court said Mr. Gould.
1t is the second cousin twice removed
OF the defendant" said Mr.. Mitchell at
which the assistant district attorney smil-
Gd and Mr. Mitchell went on to eXpound
the law as laid down by the authorities he
spverallv cited Some time was consumed
the Smell family tor some generations
hack Mr Gould made a lengthy state
ment in reply to Mr. Mitchell. The legal
battle grew more severe as each hour pass
ed scarcely a question coming from the
defence that not objected to by the
prosecution. Messengers were kept busy
running for law books. and the tables Of
both sides grew beneath their weight. The
jury began to show signs OF weariness but
gave close attention to the legal phases Of
case. Smell closed his eyes and appear
ed 10 be taking a much-needed nap. His
wife glanced from side TO side, and bit her
lips
The court. after listening for more than
an hour 10 argument finally ruled that the
witness could not by precedent be permit
ted TO testify as counsel for the defendant
had held
Dr. Woodward came in and said that the
witness Wright " hO was a smallpox sus-
pet would BE- permitted to attend the trial
and the court ordered that he be examined
as TO whether he had changed his clothing
since having been in the sick room OF
tie smallpox patient. and if so, be might
b. brought in.
Or John b. Chaplin. an insanity expert
Of Philadelphia entered the court at il
o'c,oek. 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 by observation.
As far as he could recall the relatives
whom he had known seemed weak minded.
This testimony stricken out upon an
objection from Mr. Anderson The witness
again went into a detailed explanation of
the genealogy of the Smell family, showing
insanity in several cases, and that the
witness and his wife were 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 10 generation in the Smell
family. but many OF the answers were
stricken out as being based upon obserVa-
lion not competent for admission as evi-
deuce. Coming down from the grandpar-
ents of the witness, his testimony finally
reached The defendant
Jpun cross-eXamination Mr.. Gould drew
nothing material from the witness, save
the fact that the Smell family and collat-
eral branches have been large patrons OF
the Milledgeville Insane Asylum in GeoT-
gis and of those who were not at some
time incarcerated there, large proportion
were confined, upon their own estates, in
specially imprOvsed buildings.
1t 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 il.
The witness was finally excused without
the lawyers eliciting 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
rious 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 life | 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-eXaminatiOn the witness said
that Lizzie was acting as a nurse for the
grandchld of the witness. Her responses
TO questions were more voluminous thar
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
avay-v opx