The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-01-30


The taking Of testimony was concluded
in the trial OF Benjamin II. Smell for the
murder OF Lizzie weise1berger today, and
the lawyers began theiI arguments. IL is
now expected that the case viii be given
to the jury tomorrow afternoon During
today's session several Pension Bureau
clerks gave some damaging testimony as
TO the defendants mental capacity.
Fewer women were present this morning
when the eleventh day Of the trial Of Smell
began. an order having been given to the
doOrkeepers that the feminine sympathiz-
ors be excluded The family Of Lizzie
Weisenberger were present, however, and
a few special passes admitted women Who
have been present every day during the
trial
Frederick W. Collins, a Pension Bureau
employee was the first witness called to-
day. He said he had known Smell for two
years. had played checkers with him, and
had always thought him a bright man.
The witness said he had formed the Cpin-
ion that Smell was perfectly sane. The
REORGANIZATION revealed only the fact
that the defendant was a peaceable man.
and witness had never seen him in rage,
or intoxicated.
George w. Uline. a clerk in the Pension
ONCE. testified that he had known Smell
for nine years.
He was good clerk said the witness.
and conducted the affairs under his
charge in an efficient manner. never had
the slightest reason to suppose him to be
anything but a sane man"
On REORGANIZATION Mr. Turner fire.
quently. upon receiving the reply for which
he was working. would say. That's what
1 thought
His questions we're all on the stereo-
typed lines laid down when the witnesses
from the Pension Bureau FIRST began to be
called. and the laconic queries have begun
10 have subtle meaning which may show
the foundation OF one OF the portions OF
the final argument which the defence will
present 10 the Jury.
Charles Matthews and George f. Stew
art. also Pension ONCE clerks testified
against the assertion OF the insanity OF the
defendant. Stewart said:
He wrote a splendid hand. and I never
saw him make an error. He impressed me
as a bright man. Of fine physique and
health. and ! never questioned his sanity
for a moment
Matthews had seen Smell. the witness
testified. al the Ninth precinct station on
the evening Of August 6. and when witness
had asked the defendant TO " nat he attrib-
uteI his trouble. the latter had told him
that whisky did it"
Although Mr. Turner Cuoss-eyamined
these witnesses at considerable length. the
questions were all put 10 ascertain the
amount Of Intellectual ability required TO
perform the duties which came under the
hand Cf the defendant while he was en-
plOyed in the Pension Bureau The an
swers. while showing that a good clerk
was required for the work. a high order OF
mental attachments was nc. absolutely in
dispensable with the proper performance
az the duties OF the Office Of special ex-
aminer
Dominic T. Murphy. former Commission
or OF Pensions. was put upon the stand and
asked 10 identity a letter bearing the Off
cisl signature OF the witness. and which
Vss the subject Of a recommendation for
reduction OF the salary and official grad
of Smell. based on inefficiency
MIR Turner objected 10 the testimony
saying that the witness could not have
known OF the ineficisncy by personal con
tact, and was therefore incompetent. Mr.
Gould cOmbated the objection and was
answered so vigorously that the court ruled
that the question must be differently put
Upon a second attempt by Mr. Gould an
other objection WAS entered and the court
said that IL seemed 20 him that the evil
dence was hearsay and not competent and
inadmissible. 4 spirited debate followed
and the court finally ruled that the ques-
tion was inadmissble and Mr. Murphy was
excused. This ruling was based upon the
fact that while an official may discharge
an emDlOye through information OF his de-
meanOr received by other investigators.
testimony cannot come before a court OF
Justice unless the knowledge of the wit
ness has been gained by personal contact
and investigation.
Clarence Bryan, the next witness. said
lie had met Smell in the District jail where
he witness had been serving sixty DAYS
for assault. He had had frequent con-
versationS with Smell. who had told hin
that he expected to Tut up defence OF
insanity.
Mr.. Turner asked he business OF the
witness. who replied that he had been en-
ployed as a bartender at the Gutenberg
n J., race track. and that he had re-
turned here last July and was arrested for
assault 4 resume Of the business career
OF the witness was all brought out and
the Government closed its case.
The defence recalled DR.. Hickliu- in
sur-rebuttal who took the stand
An argument Immediately began as to
the admssibility Of testimony which would
be nothing but an opinion OF one eypert
against another. To the first few questions
OF Mr.. Turner. the Government objected
and the defence finally asked IL the wit
ness had had conversation with DR.
Shute. The witness answered:
The conversation ! had with DR.. Shute
was Of a private and professional nature
and the opinions which he expressed to me
may have been different from those which
he expressed on the stand. and"
Never mind. Doctor, don't go into
that called out the District Attorney.
The witness was then excused, and the
defence closed at 1f;20 O'Clock. The pray
ers to the court for instructions to the jury
were at once begun, Mr.. Could, for the
Government, leading SHELLS manner was
more composed than for several days past
the father. who sat beside him. showing
more signs Of anxiety than the son whose
Fate is now but very few hours away
The jury were retired during the read
ing and discussion OF the prayers. which
occupied considerable time before counsel