Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-01-30
BOTH SIDES CLOSE
The Taking of Testimony in Smell
Case Concluded.
The PRAYERS FOR INSTRUCTION
Belief That Verdict VIII Be Reached
by Tomorrow Evening
EVIDENCE HEARD TODAY

EVIDENCE HEARD TODAY
The beginning Of the end Of the trial of
benjamin H. Smell in Criminal Court No. l
Was noted this morning. When the pro-
r-edingS were resumed, shortly after 10
o'clock. the government expected to close
is ease in rebuttal in the course of an
hour The. expectation was fulfilled. The
defense. in ~ur-rebuttal intended to again
I4re its experts the stand. but to the
tut~rrngaiories proposed the government
was prepared to- and lid. enter objection
After the close Of the testimony, at 11:2O
,.,io-k the discussion Of prayers for in
~tructi"ns to be given by the cnurt to the
Jury consumed some time.
The arguments to the jury began at :
o'clock this afternoon Each side has been
allotted thre.. and one-half hours for its
II developed early during the morning
session that the trial would not be con-
Guided today. aS was expected yesterday
It * practically a certainty. however, that
the remarks of the attorneys ana the
chargc Of Justice Clabaugh 10 the twelve
men yrh,, arr. to decide the fate of the de-
f.nd:nt will have been delivered and posS.-
bly, 1t verdict returned not later than to-
morrow evening 1t is nor thought that me
Jury Will experience difficulty in reaching
agreement
The attendance early today was notice
ably larger than at the same period hereto
I.rr A departure was taken in that NO
men were. not permitted 10 enter the room
81, preceding days large proportion OF the
r-trudauc. mas consisted Of women. Deputy
lffrd States Marshal Cook, acting under
or, r. declined this morning however. TO
PERMIT their presence, with the exception
u i've who we specially favored Even
u i quintet. it was agreed should remain
uI " during she morning The women Ill
81 with the case, OF course,
v.r- rot eNrtuded-
Sr,U today appC AIRED even brighter and
GIorr at ease than yes'tidaE Ills 1alheF
,,.-,.t.pied "A hair at his side His VIE
daughter aud mother were not present Inc
~, ri,bers of the Weissnherger family were
in their accustomed place
Consider Smell sane.
Fred. rick w Collins. Gcnrga W. Thine,
charles Matthews and George E Stewart,
employees Of the pension bureau We're
placed ou the stand TO-DAY From their OBJ
=, ryation of the defendant. they had al
ways considered Smell entirely sane Their
testimony embraced other points, but no.
thing new was developed.
Mr. Dominic l. Murphy. formerly COM
missioner uf pensions. was called To the
stand He identified d letter addressed IL
The Secretary Of tn" Interior recommending
that Smell. while a pension bureau clerk, be
reduced from S1,AUO to Sl-4'b. for lnef1l-
cisncy. As having been written by the wit
il his capacity as commissioner. The
-FvaruuirH thea endeavnTed to show of
ldr the in~tticiercy referred To consisted
objection vas entered and long wrangie
D.. w-,-Ir counsel enSued Justice Clabaugn
sustained The objection
Tn next and last witness for the govern
nrut was Clarence Bryan. young white
man. who said that last July h" entered the
District Jail as a prisoner. having been COM
uIitt@d for assault He saw Smell daily and
eft Il engaged in converse tion with him
He asked me what ! know nf the ability
# Lawyer Turner testified Bryan. He
ai-n said he would probably put up in
sanity as a defense. and that he hoped to
=et a qualified verdict
What il your occupation" inquired Mr.
Turner, on crosse amination-
i not employed at present" replied
Bryan
-.WI~r- were you last ernployedr' counsel
hen wanted to know.
AS a bartender"
''Nhere?''
Ar the Gutenberg race track.
Government Closes.
The case Of the government was at this
point announced as closed The defense
thereupon requested DR.. Hickling to again
take the stand. He was asked as to the use
o. The opthalmOscOpe as Il test in insanity
cases. and also regarding recent physical
examination of the defendant. The gov
ernment objected. saying the ground had
already been fully gone over. The objec-
zion was sustained
pr Hicl5ling was thereup"n asked in re-
gard 70 d conversation he had had with DR.
SEUte in reference to Smell
Il would like to be excused from answer
Ing for the reason that the CUHy ersation to
which counsel refers purely of a per-
srnal and professional nature
We respect the doStor's wishes and with
draw the question:, remarked Attorney
Turner.
DR. Rosse was offered as a witness In
surrebuttal. To be asked The same questions
D. Itch H. L..
same objection WAS entered
The defense then stated that It would call
further witnesses
The jury was excused nj The consfdera-
ton OF prayers for Instruction begun
Opening Adress to Jury.
The consideration Of prayers and recess
occupied the time until = o'clock, at which
hour Assistant Unite,l States Attorney
Gould began for the prosecution. The open
Ing address TO the jury
With the court room crowded with spec
tators. Mr.. Gould delivered a forcefuI and
eloquent argument He declared that Smell
l. an intelligent man and no fool. On the
''ay that the hand of the law seized upon
lin he began coneeiving the grounds for
his defense according to Mr. Gould. The
attorney referred to the threats alleged to
have been uttered by Smell against Lizzie
N-iSCnberger.
The defendant himself Immediately after
the crime declared repeatedly that whisky
vaS responsible for the murder. He did
Ipi say then that trauInatic epilepsy caused
him o. commit the murder
Mr. Gould declared that wherever there
occurs a revolving Grim" Tor which there
= absolutely no other excuse the defense
c' insanity may be expected.
He practically deied the defense TO point
- d sciUtilla Of evidence "f fact showing
mat Smell was insane at the time he COM
United the murder. The speaker then re-
tiewed and commented on The evidence that
had been adduced in behaIf 81 The defense
Mt Gould Wa. stNl speaking when this
report closed.