The evening times., 1900-01-19
THE SMELL MURDER TRIAL
The Session Taken Up in the Ex-
animation of TaleSmen.
Crowds in Court to Witness the Pro-
ceedings. Despite the Inclement
Neather-EXcuses to Evade Jury
Duty-The Indifference of the Pris-
oner-His Parents in Attendance.

murder trial today was taken up in the
examination of talesmen, and there were
eleven in the box when the court csn-
vened this morning, and another was Sc
cured, but all were subject to peremptorJ
challenge.
Dominic l. Murphy. former Commissioners
of Pensions, was the first talesman called.
Mr.. Murphy claimed voting residence In
Philadelphia, but stated that he resided
with his family in Washington for the
greater part of the year. He also had form
ed and expressed an opinion in the case,
which was biased against the defendant He
stated that while at the head of the Pen
sion Office he had had Smell under
him, and that at the time he had recon-
mended a decrease of $500 a year, which
was secured. He was excused.
w. W. Trego was called and examined
and was challenged for cause He admit
ted prejudice in favor of the death pen
atty. saying that he did not feel that he
could render verdict of life imprison-
ment He was excused.
John II. 0lcott, the third talesman call
ed, stated that he was employed under
Cecil Sanger in the Cuban census work,
and was placed at the foot of the list for
later examination.
Strong prejudice in the case on trial
disqualified several successive talesmen.
George w. Brown. colored, when called
stated that he had formed strong opin-
ion in the case. -
During the examination of the talesmen
the parents of the man on trial entered
the courtroom ands took seats in the first
row of spectators SMELLS mother sat with
4 handkerchief TO her face, while the Ia
! ther. between whom and his son there is
| a strong resemblance, leaned forward ana
! took a lively interest in every word ut
tered.
| Smell. for the whole time. retained his
! original pose his legs crossed, his small
| eyes having a look in them OF an utter
! lack of interest in the case.
| great deal OF legal sparring took p ace
| between the counsel for the defence and
| the prosecution, Judge Clabaugh being fire.
quently called upon to give opinions. The
| trouble seemed to be 10 secure jurors VITO
could qualify upon the question OF the
death penalty. or Imprisonment for life in
| the event of conviction.
| When Mr. Mitchell asked George W.
Brown if he knew what mania was, Mr..
| Gould objected. saying that the jurors
4 were not SNDpbSbu 10 bt ItN al tAPOi -
or physicians and that they would get all
that information from the witnesses. The
| talesman was challenged by the defence on
the ground of insufficient knowledge Of the
| English language This challenge was
overruled.
James NJ Dunn. a contractor. had form
| ed a decided prejudice, but admitted that
he could render an impartial verdict. He
! had also formed an opinion of the sanity
Of the accused. and was challenged for
cause Examination by the court disquali-
fed him.
John w Carroll was next called. He
/ stated that he had formed a strong opinion
/ as to the guilt or innocence of the defen-
| dant but could render d verdict on the
| evidence alone. 1t would, however. he
said. take great deal of strong testimony
| to change his present opinion. He was
| challenged for cause by the defence. He
| admitted that his opinion against the de-
fendant might be changed by very strong
| evidence in favor OF the defendant. He
| was disqualified by the court and excused.
John r. Major when called by the prose
cution stated that he had no conscientious
! scruples against capital punishment, but
had formed the usual strongly prejudiced
opinion from reading the papers and in
conversation. He could. he said, put aside
his prejudice and try the case according TO
| the evidence. He was accepted by the de-
! fence, and George W Brown at the same
! time excused.
Henry c. Irving. eolored, caterer. of
4I0 b Street southeast was called. and
stated that he had served on jury duty be-
| fore. and was acquainted with the case as
| it at present stood. He said that he had
| formed an opinion OF the sanity OF the de-
| fendant since he had seen him. but that
| he had not formed an opinion OF the guilt
| or innocence OF the accused, and had no
| bias against insanity as defence for muir
| der He was acceptable to the defence.
A. W. Cross had served on jury duty last
| April He had formed an opinion in the
case biased against the defendant and was,
after questioning. excused
John Teachum had formed a strong pre-
| judice and was furthermore opposed to
capital punishment. He was excused for
cause.
r. H. Rhone. colored, was called and ex-
| amined by the court and defence. Chal-
| lenged for cause and excused.
| Richard j. Beall, jr., on being called.
| stated that he was an employe of the Dis
| trict Government and was excused upon
| request. AT this point the court adjourned
until l O'Clock for luncheon.
John F. Wallace was the first talesman
| called upon the reconvening of the court
after lunch, and stated that he had formed
no prejudice nor had he any objection TO
capital punishment, but rather favored it.
He did not know the defendant, and could,
! he said, render a verdict in accord with
| the evidence and would incline to the
| death penalty if justified by the evidence.
| He felt that he could, if necessary acQuit
upon a sustained plea of insanity as a de-
| fence for murder. He was accepted.