The times. [volume] (Washington [D.C.]) 1897-1901, 1900-01-26
INSANITY IN THE FAMILY
A Recital of the History Of SHELLS
Relatives.
Slow Progress in the Trin1 Of the
slayer OF Lizzie Weisenberger-
jcctions Occupy Much Timc-Path-
illogical History Of the Accused.

The feature of the trial yesterday OF
Benjamin H. Smell for the murder of
Lizzie weisepberger was the small num-
Der of questions asked, the few witnesses
put upon the stand, and the almost linz
itless amount of argument over objections
involving the admissibility of certain an
swers. Counsel for the defence seemed
to be unable TO formulate their questions
TO meet the views of the District Attor-
ney and his assistant, and upon several
occasions EXPRESSED willingness 10 take
their questions from the prosecution,
based, of course, upon those originally
put by themselves.
MIR. Gould once, at least, gave the ques-
ton to the witness in order to avoid the
inevitable objection, and to save the time
of the court.
Mr.. Anderson stated that he had a very
important meeting TO attend in New York
on Saturday. and hoped to close the case
by Friday afternoon.
The first witness called In the forenoon
was the father OF the defendant, B. W.
Smell, and his testimony was almost en-
tirely confined TO a history of his family,
dfting his testimony from his grand
sa1her. He showed evidences OF heredi-
tary insanity In every generation OF the
family. and il seems that since the es-
tablishment of the Georgia Insane Asy-
lum at Milledgeville, the Smell family has
had All inmate therein, while OF those who
were not confined at the expense of the
State, several were incarcerated by their
families in improvised prisons. Some of
the vagaries INDUCED in by these insane
connections OF the murderer of Lizzie
weisenberger were the cremation OF val
liable deeds, the attempted killing OF chill
dren and servants. and suicide. Not fam
fly, according to the chief witness, escaped
the influences of mania, and in most OF
the cases 1t assumed a violent form.
Objections Frequently Made.
Frequent objections interrupted the pro
ceedings. and messengers were busily oc-
cupied securing books. from which coun-
sci on both sides read exhaustive rulings
for the enlightenment of the court The
opening question put TO the father OF the
defendant brought forth an objection from
the Government the discussion of which
occupied quite an hour and a half and
ended IL the court ruling in favor OF
the prosecution.
Upon cross-examination by the Govern
ment the witness declared that there was
strain of insanity in the blood Of the fam
fly, and he was shortly excused and Mrs.
Julia Duval called.
Mrs. Duval testified that she had en-
ployed Lizzie Weisenberger to attend her
grandchild. The girl had been doing this
work for about six weeks prior TO the
murder, and on the Saturday night before
her death she had been given some money
by the witness 10 buy pair of shoes. Liz
zie never left the house OF the witness at
night and had oBce said she was afraid TO
20 out at night.
William II. Wright, of 513 Eighteenth
Street northeast was called. He is the
man whose house had been quarantined
for diphtheria, but who was permitted by
the Health Department to come into court.
He testified that he and Smell had been
in the habit of drinking together, and that
on the night of August ) last they had
been in a saloon together, where they had
had one drink OF whisky each and each
had brought away with him to SHELLS
house a half pint flask of liquor. After
imbibing this, Smell having mixed his
liquor with milk. he secured another half
pint and drank that, or part OF 1t, the
witness leaving before it was all gone.
Smell was he testified, In an intoxicated
condition. and offered TO go home with
Wright but the witness refused TO allow
this and went away alone at about O'Clock
or later on the morning of August G.
This was a few hours before the murder
occurred.
Insane Asylum Records
The witness was excused. and Mr.. Turn
er offered in evidence copy Of the record
Of the Incarceration in the Georgia Insane
Asylum of various members of the Smell
family. 1t caused some argument, obiec-
tion being made by Mr.. Gould.
II being close upon the hour for recess,
the Jury was retired at the suggestion Of
MIR. Gould, who then said:
This is the most remarkable piece Of
testimony yet offered here. 1t purports to
be history of the members of the family
in this asylum. ! would like to have the
court read IL. ] do not wish 10 read 1t 10
the jury"
Counsel for the defendant argued in favor
of 1t, and the court sustained the objec-
tion, saying:
"Gentiemen, II that is evidence. then /
think anything ON earth can be called evil
dence.''
At the afternoon session the first witness
called was Edward Robinson. a soldier
from Fort Myer, Va, formerly residing at
1011 Twelfth Street southeaft, and who has !
known the defendant for eight or ten
years. He was a frequent caller at the l
Smell house, and had observed change In |
Smell during the past three years.
The witness testified that the defendant |
had had severe headaches. and acted as |
IL he were not in his right mind"
II thought he was insane. He was quicl. |
tempered and fretful. ] was at his house |
a short time before the murder. Mr.. |
Weisenberger was there. talking with Mr..
Smell"
Ibid you hear any conversation between
the two men,
Another dispute here arose over this
question and the objection of the Govern
ment was sustained Mr.. Turner stated
that the defence expected 10 prove that
Smell was invited TO the house where the
murder occurred at about the time it did
occur II was the last question the de-
fence wished TO ask and they noted an ex
ception. Mr.. Gould then read the testi- |
mony of Mr.. Weisenberger on the cross |
examination. and the court asked for the |
question on which he had formerly ruled. |
From this source Of information the court |
then ruled that the witness might answer |
as to whether Mr.. Weisenberger invited |
Smell TO call at his house
He did replied the witness.
Mr.. Turner then said that they would /
show the incompetency OF the former wit
ness for the Government, and Mr. Gould |
said that II man went 10 the house of an
other upon invitation, and abused his hos
pitality by killing one OF his daughters. It |
was no reason why it should be introduced
as evidence.
He was answered by Mr. Turner and
Mr.. Mitchell. and another lively debate
half hour or more.
Invited TO the Weisenberger Home.
The witness finally said that Sunday
before church was The time Weis-