Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-01-17

voved a serious accusation against the
pension office clerk, whose home was on
Benning road. just around the corner from
where the girl lived.
Charles Weisenberger father of the MUIR
dered child, was at home when Smell called,
early the morning of August &. Mrs Weis-
enberger in the Kitchen preparing
breakfast for her husband, who is employed
at the abattOir at Rcnning.
Greeting Mr.. Weisenberger at the door.
Smell asked for a glass of water The
bucket was empty, but Mr. Weisenberger
said he would fill it, and started to the
pump.
Head Nearly Severed.
As soon as the father left the house Smell
went In search of his intended victim. He
passed the bed in the middle room on which
she was sleeping and appeared at the
kitchen door. He said Good morning to
Mrs. Weisenberger. but the latter wished
him no good. She ordered him out of the
house. telling him that Lizzie had told her
of his conduct. Her order for him to leave
her house was repeated several times, but
he said nothing. Turning to the middle ROOM
he found the little girl sleeping and in an
other bed in the same room Henry her ten
year-oid brother, was resting, although he
was not asleep Taking little Lizzie partly
in his arms, he aroused her and seemed to
whisper something to her Then he took
hold of her hair, and throwing back her
head used the razor Two cuts across the
throat severed the head almost from the
body. while third attempt resulted in the
cutting of piece of flesh from the child's
cheek. Little Henry, who could have been
picked up by Smell and thrown across the
street. heard his sister cry Murder" Then
he saw the razor used. and little as he
IS he attacked the big man and attempted
to use his tiny fist on him.
Mrs. Weisenberger, who had gone in the
room to protect her daughter, was assault
ed by Smell. She was knocked down by
him, and he then attempted to treat her as
he had treated the daughter Her arm
was raised in time keen he
her throat, and thus her life was spared
Mr.. Weisenberger had dropped his bucket
OF water when he heard the outcries, and
although he saw the blood on SHELLS cloth
Ing when he met him just outside the house.
he did not imagine that his visit had re-
suited SO disastrously. He made an effort
10 disable the fieeing murderer and would
have followed him had not Mr.. Kraft, VINO
lives on the upper floor of the house
stopped him. He feared such action on the
part of the aged man might result in his
being murdered.
Leaves the Scene of Crime.
Smell turned in the direction of his own
home, where he had left his wife and chill
dren only a few minutes before, but he
again turned and went north in the direc-
ton of Mullgan's hill. Several citizens fol-
lowed and saw him go in the direction of
the Eastern branch. He then endeavored
to reach the road again, and in doing so
got in the marsh. Climbing the fence he
was again on the muddy road. His clothes
We're covered with evidence of his crime
and he had not even taken the trouble to
wipe the blood from the weapon.
Reaching the Benning bridge. he looked
up and down the stream, then renewed his
journey, only to fall into the clutches Of
Mounted Policeman Pat Creagh of the
Benning squad Charles Rupert and James
Robinson had followed him from the scene
of the murder, and at times Smell acted as
if he feared violence at their hands. 1t
was stated that several stones were thrown
at him, but none hit him. The policeman
relieved him of the razor that he still had
in his pocket, and with which, it was
thought, he intended to take his own life.
Indictment Returned.
The grand jury promptly indicted Smell.
but for various reasons the trial, first set
for the early part of October was post
poned from time to time. The defense will
be epileptic insanity, and counsel for Smell
say very strong showing will be made in
his favor. 1t is understood the eXamin;t-
ton of talesmen will include many inter-
rogatories bearing on the subject CT in
sanity.
Application for POstpOnement.
Attorneys Turner and Mitchell of counsel
for Smell today notified Justice Clabaugh
that Representative William H. Fleming,
who is associated with them in the case, is
i'll and under treatment at a local hospital.
Their Information is that he will not be
able to leave the hospital fors about three
weeks. Therefore, when the case of Smell
is called tomorrow morning in Criminal
Court No. 1, Messrs Turner and Mitchell
will submit a formal motion that the trial
be postponed until such time as Represen-
tative Fleming will be able to appear in
court.
The belief is that Justice Clabaush will
decline to grant further continuance.
The mother and father of the defendant
have come TO this city from their home in
Georgia Ihey Will testify at the trial in
support Of the contention that Smell is in