The times. [volume] (Washington [D.C.]) 1897-1901, 1900-01-21
THE JURY NOW COMPLETE
Twelve Albiters of Smells Fate
Finally Selected. :.
The Case of the Government Outlin-
ed by Assistant District Attorney
Ashley VI. Gonld--His Powerful Ar
rnisnmcnt of the Prisoner - The
Plea of Insanity Held 10 He Absurd.

The Jury in the trial of Benjamin S.
Smell, for the murder of thirteen-year-old
Lizzie Weissenberger on August las;
was completed yesterday, and Assistant
District Attorney Ashley NJ. Gould opened
the case for the Government. The men
! finally selected TO serve were:
WILLIAM ]. PIERCE, Florist, Bowen Road
! EVERETT !. ELLIS, Patent Attorney, 933
Street northwest.
| CHARLES ". TpLSoN, Cltrk, % jefferson
Street. Anacostia.
FREDERICK $. NEWMAN. House Painter, 7l7
| Eighteenth Street northwest.
! CHARLES NJ. CUNNINGHAM. Pointer, l0l'
Twcnty.siNth Street northwest
JOSEPH \. LYNN, CLERK, 1gI, Bohrer Street
northwest
/ THOMAS NORWOOD. 1912 Street northwest.
/ l.. j. BUTLER. Grocer. 1870 g Street northwest.
/ HENRY d. NICHOLSON, Attorney, llos Thirty
fifth Street.
JOSEPH r.. NELSON, Baker. 5lS NJ Street south
west.
John CRAWFORD. Eyrressman, $50 Thirteenth
Street northeast.
JOHN l.. BARNES, Carpenter, Tcnlcytown.
The jury had been finally secured at
1920 O'Clock. after a rather dramatic
scene, in which the attorneys for both
sides of the case engaged in an almost
inaudible conference Mr.. Gould began his
argument at 80 o'clock. after the noon
recess As he proceeded with the details
of the most atrocious murder which has
occurred in recent years in this city, his
impassioned denunciation Of the crime
and the criminal absorbed the attention OF
court. jury, and audience, particularly
affecting the relatives of the murdered
child
AS Mr.. Gould proceeded with his state
ment he warmed up to the task and said
he would show TO the satisfaction Of the
jury that this man, who, il will be
claimed by the defence, was insane at the
time he committed this horrible deed, was
never in his life before known TO be or
supposed TO be anything but sane man.
His sanity was never for a moment quos-
toned by any of his fellow clerks in the
Pension ONCE. and it will be shown by
the prosecution that he was not insane At
the time of the murder"
Interest I'm the Trial.
great deal of curiosity was mani
tested by outsiders in the progress Of the
trial yesterday, the windows overlooking
the court room from the north corridor
being crowded with people who tried to
get a glimpse of the prisoner. In the
court room there were half a dozen fe-
males. including the mother and sister OF
the dead girl, but Mrs. Smell, the mother
of the prisoner was present only in the
morning. The father all day occupied
chair near his son. During the morning
session the examination of the talesmen
was continued in the deadly monotony OF
the succeeding days. and IL was with an
audible sigh that the whole court heard
the words that announced the completion
of the jury. 1t had been difficult matter
TO secure for the jury men who had not
heard Of the celebrated case and who had
not. on the merits thereon. as discussed
In the press. formed some opinion upon II.
And in the greater number Of these cases
the opinions were so deep-rooted that
their possessors stated that no weight OF
evidence could shake their opinions.
II was with the greatest difficulty that
the court could prevent some OF the tales
men from delivering themselves OF these
opinions, and the risibilitica of the spec
tatoTs were on more than one occasion
aroused 10 such an extent that the crier
had 10 loudly demand order in the court.
sympathy for the Victim.
The entire audience, with the exception
of the finally chosen jury, was all through
the proceedings in evident sympathy with
the family OF the murdered child.
Upon the opening OF the forenoon session
of the court there we're eleven mer in the
jury box, only four OF which were not sub
jet to peremptory challeng The de-
fence was particularly careful in accepting
a juror. and each talesman was subjected
10 the severest sort OF examination before
being sent to the box for possible accept
ance. II was precisely noon when Mr..
Anderson arose and broke the stiffness.
IF your honor pleases,' he said. The
Government is satisfied with the jury"
The strain had been broken. and every
man and woman in the room took a long
breath-all but one. The man who should
be most deeply interested in the solemn
forms which shall say that he shall live
or die. never moved a muscle. His sphinx
like face betrayed not the slightest sign Of
emotion He may as well have been a
corpse. for all the evident interest he took
in the case. His father moved slightly and
then leaned forw'1d and bent his head in
attention 10 the final details before the
arji-climax of the trial proper.
II was At the opening of court after lunch
that the most spirited scenes of hitherto
dull trial were enacted.
Gentlemen. II you are ready, you may
with a clearing OF his throat Mr.. Gould,
assistant TO the United States Attorney for
the District Of Columbia, arose and step
ped before the jury. In Lis right hand he
held the typewriter charge, viii h he read
TO the twelve men in a clear voice every
now and then punctuating a period by the
use of a gesture.
He first laid stress upon the fact of
every man accused OF crime being en-
titled to a fair and impartial trial. and
said to the jury that this was clearly TO
be understood by them. He recited brief
" the career OF Smell from his appointment
as a clerk in the Pension Office 10 the day
Of the murder.
SMELLS Record Ia the Pension Office.
He was appointed as a copyist in the
Pension Office on the 18th Of December,
1890 said Mr. Gould. and In this POSI-
lion he was surrounded by all those things
which would naturally commend tender
ness in a mans nature. He dealt in mat |
Iers that showed the kindness % the whole |
people. as represented by the Government. |
10 the old soldiers. the widow, and the or |
Dhaned child and it should have softencd |
any nature He was later promoted to a |
higher position and his salary increased |
10 81 600 "A year and from that he rose |
to sI4OO. 81 GOO aud 81 500 |
per year. Upon passing civil service ez-
animation he was given position involy- |
ing difficult and intricate work, and is |
said to have performed il satisfactorily. |
but as the result Of barroOm brawl he |
was. al the instance of Dominic /. Murphy. |
ormer Commissioner of Pension. reduced |
IN salary to $1,000 a year place which |
he held at the time OF the tragedy
Tho pragrputinu attorney then continued
py reciting- that the child victim OF the |
tragedy had lived in the home of Smell as |
, domestic and that. three weeks before the |
L. L..