The times. [volume] (Washington [D.C.]) 1897-1901, 1900-01-20
SELECTION OF THE JURY
The Examination Of Talesmen in
the Smell Case Continues.
Many Men Excused Because of an
Interchangeable Conviction of :he
tiops Asked-But Seven Pcrcmptory
Challenges Yet to be Exercised.

Upon the adjournment OF court in tn
Smell murder trial yesterday afternoon,
43O O'Clock. there were eleven jurymei
in the box. as follows: William T. Pierce
John II. r. Click, Everett l.. Ellis, Charles
w. Toison. Frederick s. Newman. Johr
Crawford, Charles W. Cunningham. John
Mason. Joseph A. Lynn, Thomas Norwood
and II. L. Herrell.
The large panel from which the cour
had TO draw was yesterday not adequate t'
secure a full and satisfactory jury, the
opinions of those examined being in near
iy every case strongly prejudicial to fsii
trial out of the five peremptory chai'
lenges allowed the Government three have
been used while of the twenty allotted u
the defence. fifteen have been thus far
exhausted. This leaves but seven t.
be peremptorily challenged, so thai
four Of those now in the box will
be finally selected. Forty other talesmeI
were ordered to report for examination a
10 o'clock this morning. and the examina-
iion of these will probably take up tbs
greater part of the day.
enquiries as to the knowledge of the cast
by the talesman, his understanding of the
English language and technical express
sions. his view of the adequateness of i'm
prisonment for life as a penalty for murder
rather than the infection of the death PEN
atty. and if there existed in the mind oil
the taiesman any prejudice against the plea
OF insanity on charge of muder.
A sample Question.
Each man was also asked the following:
Assume that epilepsy is form of in
sanity manifesting itself in what is known
as 'epileptic seizures during which the
mind loses all control of the physical
movements of the body; that between the
seizures the mind is apparently lucid, and
the patient appears TO the casual observer
OF sound mind: could you. in such case.
look TO the surrounding symptoms OF the
disease in determining the guilt or ire
sponsibility Of the person charged with
murder where the defence OF epilepsy is
interposed in his behalf?"
There were eight of these questions,
each Of the nature of the foregoing. and
strong prejudices were shown By the IJrus-
pective jurymen against the plea of tenn
poray insanity in a man who had never
before. some OF them said been supposed
TO be insane.
Smell himself sat apparently Indifferent
to the proceedings. During the forenoon
session the parents of the prisoner were
in attendance. They came in shortly after
1880 O'Clock. and took seats in the first
row behind the prisoner. The son did not
see his parents, but retained a pose with
legs crossed. his hands folded. apparently
not at all interested in the proceedings
which meant life or death TO him.
80.
hair and flowing black side whiskers. a
small dropping mustache. and small. deep
set, inanimate brown eyes. His head is
small as compared with his huge body.
and he walks with a slouching gait as If
weary or loose-jointed. He wore an .ll-
fitting. dark cutaway suit. and seemed
utterly Iistless, his eyes occasionally wan
dering to the speaking talesmsn. but not
otherwise noting the work OF securing the
jury.
Discourtesy to the Prisoners Mother
1t was stated yesterday that Mrs Smell.
the mother of the defendant, had said that
she has found the people of Washington
very disobIiging and inconsiderate This
was said in connection with the alleged
refusal OF a conductor on one of the cars
of the Columbia Railway Company 20 in
form her of the proper transfers 10 make
in order to travel from II and Fifteenth
Streets northeast to the City Hall. On
the adjournment, Mrs. Smell was directed
the easiest way TO return to the east
terminus Of the Columbia Railway line by
Robert Boswell, one of the court stenog-
raphers.
After the noon recess the examination
OF the talesmen was continued
Winfield s. Sigourney, an undertaken,
lr,a NJ he bod
ion. but had no prejudice against the pris-
oner. although it would be hard to over
come his present views. He admitted that
he could only lay aside his opinion upon
the most convincing evidence, and could
not rid himself Of this opinion until all
the evidence had been heard. He was
challenged by the defence. and the chal-
lenge sustained.
William NJ. Somerville, a retired ship
master. was the first talesman whose ans
wers were direct, and who looked TO be
promising He did not know the defend
ant, and had formed no opinion or
prejudice. He was in favor of hanging.
and had no prejudice against insanity as
plea, nor against expert testimony. He
was temporarily accepted
Mr.. I'entress was then excused. and
Charles W. Cunningham, hydraulic en-
gineer, was called. He said that he had
no prejudice. had read OF the case. but |
that II had formed no deep impression |
on his mind. He believed in the death |
penalty being inflicted when the crime |
and evidence justified. but that under |
some circumstances he believed that i'm
prisonment for life was an adequate pun
ishment. He was also open TO conviction /
of innocence on the plea OF insanity, when |
proven by expert evidence. He was seated /
in the box.
James b. Cochran was excused.
Charles II. Relter was called and testi- |
fed that he had all his life been opposed |
10 capital punishment, and in no case. nor |
under any circumstances would be take |
human life. He was excused.
John Crawford stated that he had no |
prejudice and could render fair verdict |
on the evidence. He had never read OF the 4
case. had formed no opinion OF the sanity |
of the defendant, nor upon the case at all, |
and had expressed no opinion on the SUBJ |
ject He was held In reserve for final ac-
ceptance.
Mr.. Thomas was at the same time ex-
cused.
William Noght was called and said that
he had served, on jury In 1897. He had
read the papers, but had formed no preju-
THE VITAL PRINCIPLE