The times. [volume] (Washington [D.C.]) 1897-1901, 1900-01-30
FASTENING THE TRIAL
A Jurors Indisposition Qaickens
Counsel in the Smell Case.
Many Witnesses From the Pension
bureau Examined to Controvcrt
the Theory of Insnnlt.'-T'hc New
superintendent of the Government
Hospital for the Insane Tcstifes.

Most Of the witnesses examined yester
day in the Smell murder tslal were Pen
sion Office clerks, called Ia rebuttal {
! combat the testimony adduced by the de
fence to sustain the plea Of insanity. Thi
, testimony was uniformly to the effect tina
in the Judgment OF each individual Smell
was sane.
development of the day was the in
disposition of a member OF the jury, Juro
Nicholson, and the consequent announce
ment of counsel on both sides that tn,
progress of the trial be quickened as mucl
as possible, in order that the ailing maj
may receive proper treatment at his home
On the ss-examination of these wit
nesses the attorneys for the defence CON
tented themselves with establishing the
fact that their client was invariably mar
of gentle department, a good clerk. and al
amiable companion. Besides these clerks
there were on the stand several experts in
lunacy and policeman who had known
and talked with Smell, and whose opinion
of the latter's sanity and general INTEL
lectuality was wanted.
Smells father was present during the
day, but his mother, his daughter, and his
| wife were absent. His soldier son-in law,
Daniels. came in during the afternoon.
| The famiir of Lizzie Weisenberger were
| present, and listened attentively to every
word Of the testimony.
Drs. Hickling, Shute, Richardson, Bur-
well, and Rose we're prominent faces seen
in the room.
Smell was evidently worried. He occa-
sionally turned his head and looked en-
quiringly at his father, who sat at his side,
as If wondering who he might be- and his
nervous glances around the room seemed to
betray uneasiness.
AS there remained but five or six wit
nesses yet 10 be called the case will proba-
bly, go to the jury on Wednesday morning,
three hours being allotted to each side
for final argument
An average of $500 words have been
daily taken and transcribed by the ste
nographers employed on the case.
The Pension Office employees who testified
during the day were John II. Jamison.
Eugene b. Lacy. Frederick Braendle, Oscar
]. Briggs. David Messer, James L. NeilI,
William H. Bayly, Walter ]. Brooks, James
ID. Watson, Alexander Meek, Edward B.
Morrell. De Witt c. Cook. Harvey D.
Whitney, John II. Cook, and James c.
Brelsford.
John T. Doyle Secretary OF the Civil
Service Commission. testified as to the fact
OF Smells passing the examination and his
subsequent appointment, and the assistant
to the chief clerk OF the Pension Bureau
produced the various papers which re-
corded the several promotions and reduce
tons of the defendant while Government
clerk
John W. Holcombe, Chief CT the Appoint
ment Division of the Interior Department
introduced on the stand the original APP
pointment of Smell TO a position at $500
per annum. This was dated October 8.
1890.
Several letters from Smell to the Secre
tary of the Interior were identified by
Meek, clerk who was familiar
with the handwriting Of the defendant
They stated that at various times alb
sence from duty was caused by pleurisy,
by broken leg, and by grip. but no refer
ence is made In any OF them to any other
trouble. They were offered in evidence
Daniel Walsh, reporter. testified that
on the evening OF August he had inter-
viewed Smell while in custody, and that in
reply to a question, the prisoner had told
the witness that he attributed his trouble
TO whisky.
Smell Was n Bright Man.
Thomas Markward policeman living
at 1901 Florida Avenue and having served
on the force since 1863. testified that he
had known Smell for six or seven years,
during which period he had seen him sew
eral times week. and had talked with him
many times. He had never observed any
!. lfppr Of 81.
ant. save that he had drunk rather freely. !
The witness stated that he had thought |
Smell bright man, and a perfectly san. |
man. He had seen him Two days before |
the murder and had then thought the man |
had taken a drink or So" but was 9TH |
erwise all right.
DIR. a. b. Richardson. At present Medical |
of the Government Hospital
or the Insane In this city, and for twenty
Our years having been in charge OF vari
ous insane asylums, was called to the
stand by the Government. He testified
hat he had made four examinations Of
he defendant at the request OF the District
Attorney. He summarized these examiua-
ions, saying that Smell had complained of
seeing strange visions, OF insomnia. OF
being under the undue espionage OF the
all guards, and OF hearing strange music.
which prevented him from sleeping.
He said he had poor appetite. and
showed me the remains OF his dinner on a
'helf in the cell. He walked with the roll
ng gait of a large, unwieldy man. He
offered when he put his heels together at
ny request. His memory OF his previous
work seemed to be clear. but he was rather
low in answering questions. He answered
ne when asked him why he had been put
u jail. and told me that he had been told
ie had killed girl. but he did not re-
member doing IL. He said his wife had
old him he had done 1t. and that if every
,ody said he had done IL, he supposed he
ad."
The witness testified that SMELLS memory
4 almost everything but the actual crime
vas good, and further said:
ION the second examination I saw him
yalk along the corridor when ne did not
now ! was present, and he Seemed to me
o walk with the average gait OF a man
( his size. He told me he was about six
eet and a half tall, and thought he
ieighcd $50 pounds. The next examipa-
ion which ! made. at the suggestion of
our honor"
DO you mean TO refer to General An
erson by the term your honor?'" inter-
lpted Mr.. Turner.
Il beg pardon; meant TO say the Dis
-ict Attorney" replied the witness.
Mr.. Anderson's Humor.
81 think he meant TO refer TO you," re-
'rted Mr.. Anderson, smillngly, at which
ie crier had 10 rap for order.
The opinion of the expert seemed to be
lat Smell was feigning insanity, for be
/ IL4nAS i