The evening times., 1900-03-05

Two men are confined in the Dis
trict Jail under sentence of death. They
are Benjamin II. Smell, convicted of the
| murder of thirteen -year-old Lizzie Weis-
| enberger, on August last, and Frank w.
Funk, who killed William H. Brooks, on
the afternoon OF June %, 1898. Except in
wanton brutality and savagery there is
not feature of similarity between the
murderers. Even the impulses which
prompted them TO the commission of the
! crimes are entirely different, enc having
been induced by robbery, and tie o,her by
a combination of fear. hate. and revenge.
In many other respects the two muir
derers differ. Funk is in the full strength
and health of youth, quick of action. and
apparently fearless. while Smell is nearly
sixty years of age, and shows the weak
ness of his years. Their victims were the
very reverse in age. As stated. SHELLS
victim was a girl only thirteen years o-d,
while Brooks. the man killed by Funk, was
between sixty and siXty-fve. Still another
great difference which may be noted in
connection with the crimes is. that one
was committed just as the day was about
dawning and the other a few minutes be-
fore sunset. There is vet one mere cir
cumstance in connection with the mur-
ders which is worthy of mention. Smell
murdered Lizzie Weisenberger while she
was ending her morning sleep, and Funk
crept upon old man Brooks and struck
him down as he was making his way to
his couch to take his afternoon rest.
After the commission of the crimes both
men attempted to evade arrest by fleeing.
Smell was arrested after chase of more
than an hour. about three miles from the
home of his victim. while Funk managed
to escape the hands of the law for nearly
eighteen months. He was arrested in Co.
lumbia, Mo.
II is known that Smell had been drinking
heavily the night before he murdered Liz
zie Weisenberger. and when arrested
claimed to be entirely ignorant of having
committed any offence. Since then his re-
latiyes and friends have contended that he
has for a number OF years suffered from
what is known as paralytic insanity, and
during his trial the prisoner made every
effort TO play the role of an insane per-
son.
1t was different with Funk, however
When called to trial he faced the court
and jury with bold front, and daily,
when the most damaging evidence as TO
his guilt was being presented to the jury,
he sat with smile upon his lips. and not
once. even when awaiting the announce
ment Of the verdict did he exhibit the
least sign OF fear. Funk's great nerve did
not desert him on Saturday when called
before Justice Cole for sentence. While
the death penalty was being pronounced
by the court he listened with calm de-
meanor. with no trembling. He heard the |
sentence Of death pronounced. and with a |
smile and head erect walked back 20 his 1
cell. The fact that # may have been the !
last time that he Will ever see the outside 1
OF the District Jail did not seem TO de- T.
press him. for he has always stoutly de- !
clared his innocence of the crime of which /
he stands convicted and has an abiding ,
faith that the guilty person will be found !
in time to save him from death on the !
gallows.
In the case Of Smell there has never |
been any question as 10 his having mur-
dered Lizzie Weisenberger. That he is
guilty OF the commission of the crime has
not been denied. either by his counsel. |
friends. or relatives. In his case the |
crime was a question of mental response |
blity. II was different. however. with |
Funk. He has always contended that he is |
entirely innocent. and has attempted 10 |
cast the responsibility OF the crime upon !
another.
The Government made out i very strong
case of cireumstantial evidence against !
Funk. II proved that he-was in possession /
OF the money taken from the Brooks house 1
on the afternoon OF which the crime was /
committed. Funk admitted having the |
money. He claimed that he received il,
or rather. stolen it, from Sophie Brown |
within an hour after her father was killed. |
Brooks is supposed to have been killed !
about $50 p. m. on June %, 1885, at his /
home. 9l4 Twentythird Street northwest. |
At that hour. and for half an hour be- |
fore and after the crime was committed, |
there were two men standing on the pave
ment within fifteen or twenty feet of the |
front door of the Brooks home. Witnesses
testified that they did not see Funk at the
Brooks house at that time of day, nor did |
they hear any noise or disturbance OF any
kind in the house. A dozen or more peo-
pie had seen Funk at the Brooks house
near p m, but not after that time.
The whereabouts of Funk, at the
moment the murder of Brooks is
supposed to have been commit
ted, Was cleared up by himself when
he testified in his own defence. To the
surprise of all. after the Government had
failed to bring him nearer the murder. in
point Of time than two and one-half hours |
Funk. when on the witness stand, testi-
fed that he was at the Brooks house at
$50 p. N.
He went only as far as the front door,
he said and on looking in saw Sophie
Brown and a colored man. Sophie, he
stated. looked excited and asked him for
Gods sake TO go away and to meet her
in Washington Park. This he did, he
declared. and il was then and there that
he took the money from her which had
been stolen after the murder of her father
Smell and Funk have been sentenced 10
suffer death on the gallows on the same
day. May II next, between the hours OF
midday and 2 p. m.
The former was sentenced by Justice