Evening star., 1900-06-08
CLEMENCY FOR SMELL
GEORGIA REPRESENTATIVES, ASK
FOR COMPUTATION OF SENTENCE.
Mr.. Fleming Says That There IL Good
Reason for Believing That the
Murderer Was Insane.

Representative Fleming Of Georgia this
morning presented to President Mckinley
a petition for Communication to life imprison-
ment of the death sentence of Benjamin Fl.
Smell, the murderer of little Lizzie Weisen-
berg. The petition Is signed by all the
Georgia members of Congress, and execu-
tive clemency is asked on the ground that
Smell is Of unsound mind.
Representative Fleming made statement
to the President about the case, saying that
the crime was undoubtedly an atrocious
one, but there was good ground for believ-
ing Smell insane then and in a worse mental
condition now.
Smells family live in my district" and
Representative Fleming. land 1 took. the
trouble to investigate their history. They
are splendid people, but know Of my own
investigation that there were nine insane
people in the family within few genera
tions. These were on both sides of the fam
lily which Smell is from. realize that there
is a good deal of feeling in the District
against Smell, but do not believe any one
wants to see the life of an insane man
taken.
Noticed Peculiar Behavior.
More than year before Smell commit
ted this crime he got an idea that he
might lose his place in the Interior De-
partment. He came to see me one day about
the matter. 1t was the first time I had seen
him, but his behavior was so peculiar that 1
spoke of it to my clerk. 1 am told that If
Smell was not actually insane at the time
the crime was committed he is fast getting
that way now.
Mr.. Fleming said that he understood 9TH
er petitions for Communication would be sub
mitted. At the same time SnelFs counsel
will not abandon their legal efforts. Mr..
Fleming says they have not given up hope.
President Mckinley will forward the pc
tition and others that may be sent to the
White House to the Department of Justice.
Attorney General Griggs will refer the mat
ter to District Attorney Anderson for re-
port back to the Department of Justice.
The President will act later.
Not Likely to BE Hanged June Is.
Apart from the probability of the extern
sion of clemency there is little or no prob
ability that Smell will hang June Is. the
day recently set for his execution. The
mandate from the Court of Appeals will
probably not be sent down until the Goth
instant, the law allowing the tribunal ff-
teen days in which to take such action.
There was an understanding that the mat
ter might be taken up by Justice Clabaugh
today, but owing to pressing business it
was decided no action should be taken until
Monday. The new date for the execution,
it is understood, will be Friday, June %.
other Local Murder Cases.
The President will soon have to pass upon
two other District murder cases. In each
case the condemned desires Communication of
sentence to life Imprisonment. These arc
Arthur Landon and Nelson Vail. both SEN
fenced to be hanged July 6. The chances
are favorable in Landon's case. mention of
which has already been made. Vail shot
and killed Alexander Jackson near Tenley
town as a result of Jealousy. Wallis case
has been sent to the district attorneys
office He is an old man, seventy-five years,
and there is some sympathy for him.
None of the cases will be acted upon for
some time, as Attorney General Griggs is
out of the city and has given them no at
tention.