The evening times., 1900-01-24

for him. save in the case OF the broken
leg.
"As non-expert. have you formed any
opinion Of the sanity OF the defendant
We object" broke In the prisoners
counsel.
The court ruled that the defence was
right, but would hoa, Mr.. Gould.
1 do not wish t. be heard. your honor.
l always yield to the ruling of the court"
That's an inevitable necessity, / be-
lieve." said the court. The crier had to
rap loudly for the order the repartee rad
disturbed
Dr. Ray D. Walker. Of 1863 Maryland
Avenue northeast was called
DR.. Walker said he had treated Smell for
alcoholism and nervousness, and for in
/ somnia. Headaches were symptoms Of
these ailments.
The cross examination asked where the
bruises on Snells head we're located These
we're received in the fight on the Bladens-
burg Road in 1897. They were on top Of
the head. He had never treated the de-
fendant for epilepsy nor had he seen any
| indications Of it. lie was excused.
Harry Shedd. OF 1911 II Street north
east was then called. His house is mex:
| TO SHELLS. Shedd had seen Lizzie Weisen-
/ berger around the Smell house living ap-
/ parently as one of the family. This was
! the limit OF the examination and the Gov
| ernment had no cross examination.
James T. Ferry, 1916 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 a 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 rs 70
the sanity Of the defendant by the Govern
I ment, was sustained by the court
He was not in liquor" said the wit
ness. Il wouldn't cross the street with a
man who was in liquor. can smell it .
| mile away"
William H. Martin. o; 160S Benning
Road. followed Ferry on the stand. He
knew the Smell family for two years lie
said Lizzie Wesenberger. the girl. was
! treated as a member OF the family. On one
| occasion the witness said he had had trou-
] bic with Smell at whose house he had been
I in the habit OF playing cards Once Smell
came to the house OF witness. very much
under the influence OF liquor. and acted in
I an outrageous manner.
FREQUENT objections interrupted the tes-
timony.
Mrs. Julia Martin. 1901 Benning Road
! testified that she had known Smell for three
years.
She haC socn Smell under the influence
Of liquor. Once he had spoken to heI
very abruptly"
MY husband was with me. Smell wa
very abusive. lie talked with US for about
half an hour"
She was excused without cross -eXamina'
ton. and G.. II. Hammett testified tina
Smell had called at his house, and coins
in, I-.N
ly. The witness was frightened.
Mrs. Robertson. of 1Oll Twelfth Stree,
southeast, the next witness. said she had
known the defendant for eight years. hay
ing lived next door to him at the time
She had known Lizzie WeisenberEer. and
she testified that the child was treated as
one Of the Smell family.
She had knCwn Mrs. Weisenberger fol
several years. Witness had seen Mrs
Weisenberger passing the house Of the lat
ter about two months before the killing
Of Lizzie. This was in direct contradiction
of the testimony of Mrs. WeisenberceI
given Oh Monday. the latter having de-
uied having any conversation with Mrs
Robertson or having seen her at 4 time
Two months prior 20 the killing
James +. McDougaI GIL New Jersey
Avenue northwest followed. Tie was iT
Bohnke's saloon on the night when Snei
had TIE trouble with the Long boys. in
which Smell had his leg broken.
Il was standing there. paying no atten-
ti0n 10 what was going on before the
trouble said the witness "and had my
back turned 20 the others. I heard some
| loud talking and heard heavy blow
| struck l turned around and saw Smell
fall. No ore else was present but the mel
| in the fight"
! There was no cross examination, and the
! witness was excused. A recess was ther
taken for lunch, and SHELLS daughter me-
him as he was going out OF the room and
fell weeping in his arms He patted heI
on the back and She left the room en- hel
husbands arm. still crying. Smell looket
| worried, but bore up.