The evening times., 1900-01-24


trial of Benjamin II. Smell for the mlrder
of Lizzie Weisenberger. Snell's daughter
and a number of neighbors testified as to
the mental pecularities OF the prisoner
The most important witness was SHELLS
daughter.
The corridors Of the court building were
crowded at the opening Of the court. The
usual number of women were present,
their faces having now grown familiar to
the court attendants. The weisenberger
/ family entered the courtroom at 10 o'clock.
! and Smell was at the same moment brought
! in. His wife came in moment later,
/ kissed him, and took the chair at his side
/ There was some trouble about securing
/ the witness. Wright. by the defence the
house being quarantined by diphtheria
/ Mr. Turner stated to the court that the
witness was a most important one, but the
/ court said that ne would hesitate very
much to bring the man into court. and the
4 lawyer for the defence said he would take
/ up the matter later.
/ Mrs. Daniels was the first witness. being
! recalled from yesterday. She is the daugh-
| ter OF the defendant
Tell whether you ever knew Of your
/ father having headache Cniared Mr.
/ Turner.
We object" cried Mr.. Gould.
"On what ground7'
Because it would be utterly impossi-
bic for one person 10 know il another had
Z a headache
/ Il don't think so. il the court please: l
venture TO say that Mr. Gould has often
had trouble with his head that his family
/ knew Of"
/ The court ordered the witness to answer
and she did so in the affirmative.
The Government took the witness for the
/ cross examination.
Mr.. Gould asked her when Lizzie
/ Weisenberger left her fathers house.
| "On Decoration Day"
DO you know why she leIt2"
| - never heard her say
She was finally induced to tell that she
did not know why Lizzie left. II was en-
deavored to draw from her the fact that
Lizzie had left the house OF Smell because
OF some harsh treatment The witness eX-
hibited a very poor memory about any Ill
treatment, and said that Lizzie was anxious
TO remain, and that she loved the various
members of the family.
In April, 1897, she testified, her father
had received an injury in a fight In sa-
loon, and from that date she had observed
/ queer actions on his part. The Govern
meut skillfully drew from the witness that
prior 10 this injury Smell had been a per
fectly rational man. He was a good mu-
sician. and was called by many friends
/ Judge SMELL"
He was laid up for two or three months
after the injury. in which his leg was frac-
tured. continued the witness.
The witness testified that her father had
been moved from one room TO another. on
. the ground floor. and laid on mattress
: on the floor. This was the occasion on
: which he caught up the gun and fired 1t
through the screen door.
The indistinct speech OF the witness
: made IL appear on examination yesterday
: 10 have been pistol, but the error was
rectifed at this point
There was foam and blood on his lips
: when ] went in she explained.
. You have made some study OF the
. symptoms OF epilepsy. with a view to at
. tending this case. have you not?'
. Yes. sir" said the witness.
And when you saw him al this time he
: rolled on the floor and had blood and
. foam on his lips, and was otherwise dis
. tortPd in COuntenance?"
Yes sir"
The testimony then reviewed that OF
yesterday. in which Smell was described
as having thrown a salt cellar at his wife
I a glass at Lizzie. and then kicked over
the table. On each occasion. the witness
was trapped into admitting that the epi-
I Ieptic symptoms were identical the last
ht lasting an hour and a quarter When
Smell had struck the witness at the piano.
he fell to the floor and had the usual
| symptoms, foaming at the mouth and
writhing in commissions.
The examination was full and showed
that the witness was very familiar with
the symptoms of epileptic seizures and
their accompanying effects upon the vic
tim OF them. After each seizure she
said her father went to bed.
Mr.. Gould asked a very technical ques-
tion. and Mr.. Turner said.
Absurd; the witness doesn't know what
that means"
Why. she knows all about epilepsy" re-
tOrtcd bfT. Gould
Counsel for the defendant objected 10
the Government using the term murder, -
| and asked that tragedy or killing" be
used. The court so ruled.
| The witness then went on TO say that at
times when her father was not suffering
from fits he seemed TO her to be a sane
man. They never called a physician. be
cause they wished to keep the fact of his
spells a secret. The examination was by
far the most severe that has so far been
put to a witness.
| Mrs. Davis said that she had never talk
ed with anyone about epilepsy, nor had she
read anything on the subject out of school.
| She studied epilepsy in the seventh grade
/ under Miss Phillips the textbook on phys
| iology which she studied having been for
. / gotten. She only studied a few lines OF
It. but those STATED epilepuc symptoms
: briefly"
That is ALL" said Mr.. Gould. The
court turned to the witness and asked:
How old are you. Mrs. Daniels?"
: Fifteen" she replied.
Not another word WAS said. and the wit
. ness was excused
. Steven r. Collins 2 saiOC lkeeper, OF
Seventh Street northwest, opposite Centre
: Market. was next called by the defence
! He testified that the defendant had been
. in the habit of coming in TO his place
. about once a month for nearly FIVE years
: but upon attempting to tell what his OBJ
seTvatons were as to the sanity CT the
: man. he was stopped by the Government
. He was told TO state what unusual facts
. he noticed. He said that Smell was very
: errstic in his manner OF talking often
. breaking OF in a subject for no reason and
coming back in moment and beginning a
new conversation. On one occasion he had
. a gun In his hand, and 10 a stranger, who
admired It. he offered to present It. Wit
ness was of the opinion that Smell was
: crazy. He was always welcome customer
because he had money to pay for what he
. bought
On the cTOss-examinatiOn by the District
: Attorney the witness said that he met
. many men in his line Of business who act
ed strangely. and he was drawn out to say
that in his opinion about half the men he