Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-01-31
The Smell Case Beng Rehearsed Be-
fore tn jury.
APPEALS IN BEHALF OF DEFENDANT
Closing Speech on Government
Side Made Tbs Afternoon.
INTEREST IN THE TRIAL

the closing nay Of trial. which has
probably aroused public interest to a degree
greater rhah any other criminal cause of
lat5 attracted a large throng to Criminal
t',Gfrt NJ. I TODAY Assistant United States
Attorney tiouid and Attorney Mitchell, he
FIR adjournment yesterday. concluded their
,,,itir,sSc~ tn the jury. the former urging
th.- conviction of Benjamin II. Smell and the
AFTER pleading for ac4uittal. urging that he
knew not what he was doing when he ended
tn. life uf Lizzie Weisenbcrger.
TIE knowledge that Attorney Turner and
United States Attorney Anderson would oc-
,-,rpv most nf the session today in delivering
the final arguments. seemed all that was
necessary crowd the room early during
the morning until standing room was at
premium
Throughout the scathing arraignment of
him ny the prosecuting attorneys, Smell re-
ulaiued. To all appearances. wholly unaf-
frcrsd. liz maintained his customary pos
tu",- with knees crossed and hands clasped,
trid stared vacantly in front of him. his
i.c,- being absolutely devoid of expression
Tn. grd father of the defendant was at
n5~ <Ihr deeply concerned in the proceed
ius>. hut the wife. mother and daughter OF
tn. accused man We're absent. The Weisen-
h-rgers We're in attendance. as usual.
Shortly after , O'Clock, when this report
riesed. United States Attorney Anderson
WAS approaching the end of his concluding
address to the jury The twelve men, after
being charged by the court. will retire late
this afternoon. A verdict may be reported
during the evening.
lttorney GouId's Argument.
Assistant United States Attorney Gould
continued speaking yesterday afternoon
until :.:asr clock. He declared in closing
that very essential element which consti-
tUr"~ crime had been proven; that the gov
..ramenr had shown the motive. the threats,
rh- sci its+.lf the fight and the admission,
al that it ever called upon to prove.
More than Il life for a life was involved i'll
ill-. -caSs. according to MIR. Could it
the projection Of society, Of other homes
and riTesdcs- If other children. The theory
that u could be sane moment, in
sane TIN. next and sane the next and go
.rpuniSl. II for Il crime committed in the
frpment IF his alleged insanity de-
t-Qucrd Every criminal, under those con-
.'-fi"rs. could escape
Mr. Gould was followed by Mr.. Mitchell
wr0 SDnki' for the defense. He denied that
ta~r- was any motive for the tragedy, re-
trFrnc IT, the kindly treatment that had
IA.ru accorded the murdered girl while at
Shells home. Mr. Mitchell wanted to know
Why. If there had been improper relations
between the child and the defendant. the
mother did moi take her child away sooner.
H. declared that the evidence Of threats
u.s. fsIs'- The evidence of the experts
lp hat oppressed the opinion that the
defendant was insane. the attorney ar
Es..l wa- entitled to highest consideration.
The alleged contradictory statements of
were criticised. and it was declared the
statements Of DR.. Richardson did not refute
tn testimony IT the experts for the de-
f-i-s-
Plea for Defendant
soon IScr the crier had formally opened
,rtrl this morning, Attorney Turner took
Is rlac, before the jury. He entered upon
a. general discussion OF the case and the
policy n The law. speaking eloquentIy along
l'ys for of
HI. next dwelt on reasonable doubt, de-
,i,sIiug.
'ieutIeu",, Of the jury. a tremendous re-
SI"ISihi!irS-;H overburdening weight Of re-
lity-r"Sts upon YOU"
Attorney Turner then went on to point
Gus she particular things in the that
he considered salient. The elements of muir
der. he said. comprise elaboration and NAL
icr. h'IJ N, defense claimed that nothing
IA The way Cf deliheration and maHce had
been proved on the part of Smell The
r. vaker disClaimed any intention of crtti-
Using any member of the Weisenberger
family. but. Re cortended. the governments
rL.er point nf vantage. that ascertaining
IFtesirs toward Lizzie on the part Of Smell
ltd turned GIt, to he lamentably weak
AIR Turner expressed the thanks Of the
d".s TO The United States attorney for
calling the mary pension bureau clerks to
N" stand They demonstrated TO you
EFHt!eInen- said Mr.. Turner that this
defendant was always mild-mannered,
I'@aceable and gentle.
II ever perjury blackened court
81 Was committed in this case the atfor-
ney said. referring to one OF the witnesses
I"F the prosecution She didn't tell a word
~ truth. II tn United States attorney can
take her statement and the varying state
n-nts Of some nf his other Witnesses and
reconcile them, then he is master soph-
iSt. better than the schools of Greece ever
pr"duced@'
Deed of Maniac.
Continuing. Attorney Turner gave il "a
no
of maniac
Il ask the United States attorney to tell
- when was this purpose of alleged muir
"=r formed Murder, to be murder, must
iv prenedit ted" the attorney said. He
C.Npssed OF the intimation that Illicit reIa-
liIte girl by saying:
i would not so accuse the dead"
me attorney declared that if Smell was
sane and went to the Weisenberger house
tSe "th OF last August with murder In his
I'drt, he would have killed Lizzie when he
n, passed through the room wherein she
- ting the Tirls mother pleasantly: then
i'tarnlna ana numbering the child
- u cau@'t believe. gentlemen" said
NJ turner that the afternoon precedin r
ms tragedy this defendant calmly niava5
chrckers. th,.t he the same evening took
NJ Itue 10 to the flying horses and a
Nv hours later calmly proceeded to MUIR
Lz.-aI.' - ms III
DIR. Richardson's Admission.
" INthAFd-on, an expert for the govern
T"H'. Mr. Turner went on to say, admit
f"t mat the carly attacks suffered by Smell
W. probably epleptic. II that be so.
Ny were not the attacks OF his LATER life
- me same nature2 The allegation that
st-' haS been feigRing insanity was re-
f"ff-'d 10 briefly. The witness BRYAN Who
thpetftG Yesterday. was referred TO az the
in"lEfdt"l who placed the asthma of his
pr-~rnc= in your nostrils" 49,
want To speak of MIR. Gould's state
II Hf thai society should be protected
AZ .rst ne defense OF insanity" Mr. Tur-
Ter said Society is not on trial here.
Sells life il at stake 1 will also saw
ih@i Mr Gould Is learned in the Scriptures
m AFRAID at the expense of the law
Mr.. Turner urged the Jury not TO he in
f1+nced by public opinion. He closed his
Argument at 12:fS O'Clock with a strong
sFI-,tl for mercy, saying:
Deal between Benjamin Hill Smell and
n" government OF the United States as
r'n would have God deal with You on the
d>y of judgment"
When recess for forty-five minutes was
aEuDtIucel scores OF persons has 20