The evening times., 1900-01-18
ON TRIAL FOR HIS LIE
Benjamin H. Smells Case Brought
Before Judge Clabaugh.
Notion for n Further PostponemeRt
Oyerruied and the Work of secuF-
of the Prisoner-The weisenber-
ger Family i'm the Courtroom

Benjamin H. Smell was put on trial to-
day before Justice CIabaugh for the MUIR
der Of thirteen-year-Old Lizzie Weisen-
berger on the morning Of August 5 last.
/ The defendant appeared haggard and wOr-
ried when he entered the court room. His
/ presence was more than the Weisenber-
gers, mother and sisters of the murdered
girl, could bear. They were on the verge
OF collapsing, and were removed to the
witness room where they remained during
the rest OF the day. The father Of the de-
fendant, G. b. Smell. from Augusta Ga.
was present az the opening Of the proceed
ings. but the aged mother OF the prisoner
was too weak after her journey from the
South yesterday, to withstand the .ryIng
ordeal and did not attend.
The defendant with the exception that
he appears TO have lost flesh during his
Incarceration, looked much the same as on
the day he was aTTagned for the crime.
He was accompanied into the court room
by Deputy United States Marshal Spring
man. and took his seat Immediately be-
hind his counsel Messrs. Frederick Mitch
ell and Charles II. Turner.
He did not appear TO be so disinterested
in the proceedings as was George ". HOr-
ton. who when tried for the murder OF
Mrs. Jane Nicholson, also made a plea OK
insanity his defence.
Smell was, of course. the eynOsure Of
all eyes. The courtroom was crowded TO
its utmost capacity. long before the hour
fixed for the proceedings to begin. All the
windows in the corridor north of the court
room were crowded with persons strain
ing their neck to q, a glimpse OF the
murderer.
Among these were many women ThO re-
mained in the building the greater part Of
the day.
AS soon as Justice Clabaugh took his
place on the bench. District Attorney An
derson announced that the Government
was ready to proceed with the trial Mr.
Turner. the senior counsel for the de-
fence. then made a nnaI appeal for post
pOnement an the ground that his associate
attorney. William Fleming. Of Atlanta.
Ga. is III at the Columbia Hospital. and
could not participate IN the trial.
The mo n W. s,DOssf b. assistant
District Attorney Gould. who stated that
on last Friday, when a continuance Was
made from Tuesday. the tine set for the
trial. until today. It was understood Eq
further pOstp0nement would be asked for.
In addition. be said thar Mr.. Fleming took
10 active part IN the preparation Of the
case, and was not even known to be III
until Monday. Aside from this. Mr.. Gould
said. il was only fair to state that Dis
trict Attorney Anderson has left a sick
bed. against the advice of bis phvsi1i9E,
10 Be present at the trial.
Justice Cl9baugF. OF hearing the state
ments Of counsel. OveTruled the motion for
a continuance, and ordered the trial ta
proceed.
The empaneIling Of a Jury was then com
meneed. and it was evident from the
searching manner in which the jurors
we're examined that it would take a long
time to complete the panel. The first
member Of the regular panel for the
month of January. F. II. Youngs, when
called stated that he had made up his
mind as to the innocence of the defendant.
although he had not expressed his Opin-
ion. He also stated that he was also Op-
posed 10 capital punishment He was eX-
cused- as were Talesmen ROum and Cope
land. the former because he was opposed
to capital punishment and the latter By
reason Of prejudice against the defendant.
Several other members Of the panel were
stood aside for similar causes.