The times. [volume] (Washington [D.C.]) 1897-1901, 1900-01-25

also described the bruises on Snell's head,
but said that he had never treated Smell
for epilepsy. and had never seen any in
dications of ii in the man.
Harry Shedd Of 1911 II Street northeast.
| was then called. His house is next
10 Smells. Shedd had seen Lizzie Weisen-
| berger around the Smell house, living ap-
parenuy as one Of the family. This was
| the limit OF the examination and the Gov
eminent had no cross examination.
James 7. Ferry. 1546 Kramer Street
northeast. was the next witness. He said
he knew Smell by sight. He had met the
| prisoner about a week before the killing
OF the little girl. Smell had offered TO
escort Ferry, who is an aged man, home
from store. Smell took hold of his arm,
| and they walked together No particular
conversation was INDUCED in When near
! Ferry's home, Smell had lifted him from
his feet, and swung him back and forth.
| Objection to the opinion of witness as to
the sanity Of the defendant by the Govern
ment. was sustained by the court.
He was not in liquor said the wit
ness
William II. Martin. of 1908 Benning
| Road, followed Ferry on the stand. He
| knew the Smell family for two years. He
| said Lizzie Weisenberger. the girl, was
|
| occasion the witness said he had had trou
| BILE with Smell at whose house he had been
in the habit of playing cards. Once Smell
| came 10 the house OF witness. rery much
under the influence of liquor, and acted in
an outrageous manner.
Mrs. Julia Martin. 1901 Benning Road.
| testified that she had known Smell for three
years
She had seen Smell under the influence
af hal hnr
very abruptly
MY husband was with me. Smell was
very abusive. He talked with us for about
| half an hour"
There was no cross-examination in this
case. and G. H. Hammett testified that at
| one time when he called on Smell. the
| latter had left him in the house and gone
into the yard, where he wandered aim
lessly about
Lizzie Treated ns One of the Family.
Mrs. Robertson, of lO11 Twelfth Street
southeast. the next witness. said she had
known the defendant for eight years, hav-
ing lived next door TO bin at the time.
She had known Lizzie Neisenberger and
she testified that the child was treated as
one of the Smell family. = r.-T
She had known Mrs. Weisenberger for
Several years. Witness had = seen and
IT,. ked with Mrs. Weisenberger while
passing the house OF the latter
about two months before the killing
of Lizzie. This was in direct contradiction
of the testimony OF Mrs. Weisenberger
given on Monday. the latter having de-
MED having any conversation with Mrs.
Robertson or having seen her at a time
two months prior 20 the killing.
James f. McDougal, GIL New Jersey
Avenue northwest, followed. He was in
Bohnke's saloon on the night when Smell
had the trouble with the Long boys. In
which Smell had his leg broken.
Il was standing there. paying no atten
ton to what was going on before the
trouble" said the witness, land had my
back turned to the others. / heard some
loud talking and heard a heavy blow
struck turned around and saw Smell
fall. No one else was present but the men
in the fight
There was no discrimination, and the
witness was excused. recess was then
taken for lunch and SHELLS daughter met
him as he was going out Of the room and
fell weeping in his arms. He patted her
on the back and she left the room on her
husbands arm, still crying. Smell looked
worried but bore up.
After Recess.
II was some time after the reopening for
the afternoon session before the fun quota
Of spectators assembled. SHELLS face was
very red and his forehead was covered
with perspiration. The first witness was
the son-in-law, Daniels, whose testimony
was taken on Tuesday. Prior TO this there
was a statement from Mr.. Turner regard
ing the witness Wright, whose house Is
quarantined for diphtheria. Mr.. Turner
asked that defence be permitted to take a
a ha ba yrftn ba
said, was one who had seen Smell about an
hour or so before the killing and his tes-
timony was most material.
The court said that Dr. Woodward might
be consulted as TO whether il was safe 10
bring this witness into court before any
action being taken.
The Government suggested that DR.
Woodward be brought into court, and ne |
was sent for.
Mrs Mary T. Slack was in the interim
called. and said that she lived in Benning |
Road and that on the evening of August |
last she saw Smell about $50 o'clock and |
noticed that he was riding on some flying |
horses with little boy and a girl. He !
rode around for about half an hour.
Ralph Daniels was recalled.
He was asked by Mr.. Turner to state If |
the defendant a day or two after choking |
him. had expressed any reason for the act |
This question was before ruled as mad |
but the court now said that IL |
might be asked.
What did he say concerning It?''
He said that he didn't remember doing |
It at all"
The court then said that the defence
might ask. il they so desired what was the
opinion OF the witness Of the sanity OF |
Smell
.Insane. of Course"
Insane, Of course" was the reply when
the question was put
The Government then took the witness.
AR, you limited in your opinion to the
night he choked you:" asked Mr.. Gould.
Yes, sir
That's all, said the Assistant District
Walter W. Daniels. 1873 II Street north
east. was called. He knew the defendant
for seven or eight years. Visits between
the two had been exchanged. He was
asked 10 state any peculiar facts which
impressed him in regard TO Smell.
Mr.. Could objected as irrelevant. and
in statement he explained. The court
ruled that the witness might be asked what
he had observed OF the habits. manner, and
so on of the defendant during the period
covered by his acquaintance.
1--WE noticed a difference in his actions
during the past three years. He seemed
fOrgetful and acted queerly. He would
make engagements and then call them off
and afterward meet them forgetting the
fact that he had recalled them
In games of checkers, the witness said |
Smell was forgetful and would cften leave
in the middle Of a game without any cause
Afterward he would not believe he had
acted so, when witness told him OF it.