The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-01-19
THE SMELL MURDER Trial
The Session Taken Up in the Ex-
animation of Talesmen.
Crowds in Court 80 Witness the Pro-
ceedines. Despite the Inclement
Nenther-ENcuSeS to Evnde Jury
DutS-The Indifference of the Pris-
One--Hi. Parents in Attendance.

The session of the court in the SCeh
murder trial today was taken up in the
examination of talesmen, and there were
eleven ia the box when the court cen
vened this morning and another was Sc
cured, but all were subject to peremptOry
challenge.
Dominic l. Murphy, former Commissioner
of Pensions. was the first talesman called.
Mr.. Murphy claimed a voting residence in
Philadelphia, but stated that he resided
with his family in Washington for the
greater part of the year. He also had form
ed and expressed an opinion in the case,
which was biased against the defendant He
stated that while at the head Of the Pen
sion OMee he had had Smell under
him, and that at the time he had recon-
mended a decrease of $500 a year. which
was secured. He was excused.
W. W. Trego was called and examined
and was challenged for cause He admit
ted q prejudice in favor of the death pen
atty. saying that he did not feel that he
/ could render a verdict of life imprison-
ment He was excused
| John n. OlcOtt the third talesman call
/ ed, stated that he was employed under
I Cecil Sanger in the Cuban census work.
! and was placed at the foot Of the list for
\ later examination.
Strong prejudice in the case on trial
| disqualified several successive talesmen.
George W. Brown. COlOred. when called
! stated that he had formed a strong opin-
ion in the case. -..
During the examination OF the taiesmen
| the parents OF the man on trial entered
| the courtroom and took seats in the FIRST
| row Of spectators SHELLS mother sat with
a handkerchief TO her face, while the IA
! Their. between whom and his son there is
| a strong resemblance. leaned forward and
took a lively interest in every word ut
tered.
Smell. for the whole time retained his
original pose, his legs crossed, his small
eyes having a look in them OF an utter
lack OF interest in the case.
! A great deal OF legal sparring took pace
between the counsel FOR the defence and
the prosecution, Judge Clabaugh being fire.
quently called upon to give opinions. The
| trouble seemed to be 20 secure jurors WLO
could qualify upon the question Of the
death penalty, or Imprisonment fer life IN
the event Of conviction.
When Mr.. Mitchell asked George W.
| Brown il he knew what mania was. Mr..
Gould objected. saying that the jurors
were not supposed TO be technical experts
or physicians and that they would get all
that information from the Witnesses. The
talesman was challenged by the defence on
the ground oi insufficient knowledge Of the
English language This challenge was
| OverTuled.
James NJ Dunn. a contractor. had form
ed a decided prejudice. but admitted thai
ne could render an impartial verdict. Hg
had also formed an opinion of the sanity
Of the accused and was challenged foI
bt-f a
) fed him.
John W Carroll was next called He
, stated that he had formed a strong opinion
, as TO the guilt or innocence of the defen-
dant. HIT could render a verdict on the
. ! evidence alone. Il would, however. be
said. take a great deal of strong testimony
I TO change his present opinion. He was
challenged for cause by the defence He
, admitted that his opinion against the de
1 PENDANT might be changed by very strong
/ evidence IN favor OF the defendant III
was disqualified by the court and excused
John r. Major when called by the prose
cution stated that he had no conscientious
. scrUpies against capital punishment bu
I had 70. med the usual strongly preiudiceC
: opinion from reading the papers and IL
I conversation. He could, he said put aside
{ [ his prejudice and try the case according c
, the evidence. He was accepted by the de
fence. and George W. Brown al the sam,
< I time excused
[ Henry c. Irving. colored, a caterer. o.
40 h Street southeast. was called. an,
stated that he had served on jury duty be
fore and was acquainted with the case a.
il al present stood He said that he haJ
! formed an opinion Of the sanity OF the de
PENDANT since he had seen him but tina
81 ! he had not formed an opinion OF the gull
or innocence OF the accused, and had ~
bias against insanity as a defence for muir
Ger. He was acceptable 10 the defence.
A W. Cross had served on jury duty las
5 April. He had formed an opinion in tn
case biased against the defendant and was
, after questioning. excused
John TeaChum had formed a strong pre-
iudice and was furthermore opposed Z,
capital punishment. He was excused 70
cause.
! r. II RhOne. COlOred, was called and eX
amined by the court and defence. Chal
| lenged For cause and excused
Richard J. Beall jr.. on being called
stated that he was an employee of the Dis
= trict Cover nment and was excused upoI
request. at this point the court adiourne,
until l O'Clock for luncheon
John f. Wallace was the first talesmal
called upon the reconyeuing OF the cOur
( after lunch. and stated that he had forme,
I no prejudice. nor had he any objection (,
{ | capital punishment. but rather favored il
n He did not know the defendant and could
, he said, render a verdict in accord Will
4 | the evidence and would incline to tn,
> death penalty if justified BY the evidence
o He felt that he could, if necessary. acQui
upon a sustained plea OF insanity as a de
{ | fence for murder. He was accepted.
, aTTuE TNr rrTr nEOnCur