Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-01-25
Mr.. Gould Reads Authorities.

Mr.. Gould Reads Authorities.
motives of friendship: that while there he
was overcome 10y the affection of which he
was subject, AMI committed the crime while
he was not conscious of what he was do
ing
l. Objection 0verruied.
The court overruled the objection. and the
witness answered the question in the afiir-
native.
Il was afraid of Smell from the first time
saw him." remark ed Robinson.
And for that reason, Il seems. you select
ed him for a companion" commented Mr..
Gould.
You were sutton for the hand of Smells
daughter before she married, were you
not?" Mr. Gould wanted to know.
That's a delicate subject to discuss
Robinson replied.
IF it's delicate matter I'll Withdraw the
question: then said Mr.. Gould.
A number Of times Smell succumbed to
terrible fits in the presence of the witness,
and the latter, SC he said, helped to hold
the defendant
Result of Examination.
Cross-examination of Mr.. Smell, senior.
did not develop anything more material
than that the defendant has two brothers
and one sister. One brother is clerk in
Georgia and the other superintendent of
saw mill. The sister is married. All are of
sound mind.
Mrs. Julia Duvall of 1904 Riggs street. the
next witness, testified that Lizzie Weisen-
berger was employed by her as nurse for
her granddaughter for six weeks preceding
the murder. Lizzie went home the evening
preceding the crime ospend the night, the
understanding being that she should return
to the residence of the witness in the morn
ing.
She was nurse for my grandchiid," said
Mrs. Duvall. lone of the best we ever had"
Zone of the best grand children?' in
qlired Mr.. Gould.
No" replied the witness, lone of the
best nurses
Mrs. Duvall testified that Lizzie was at
the house of the witness all night Tuesday.
Wednesday,, Thursday and Friday preced-
ing the killing. These statements were at
variance with the testimony of the Weisen-
bergers, who declared that when Smell
called at their home Tuesday and Friday
preceding the morning of the murder Lizzie
was at home"
She seemed to be afraid 10 go home"
remarked Mrs. Duvall.
Witness Wright.
Health Officer Woodward certified that
William H. Wright, the individual referred
to yesterday having diphtheria in his.
family. could safely be brought into court.
Mr.. Wright said that about 10 o'clock the
evening of August 5, 1898, he met Smell in
a saloon. They had several drinks of
whisky, after which the witness accom-
panied Smell to his home. ---.
1T was raining hard. and went into the
house with him." testified Mr.. Wright He
had half-pint bottle of whisky, and so did
After that was gone he brought out
more from closet. I stayed about TWEEN
ty-f1ve minutes after 1 o'clock Sunday
morning. AS I started to go Smell endeav-
ored to walk to the door, but staggered and
caught himself. He said he would go home
with me. replied that if he did I would
have to hitch up and bring him back. He
was very drunk
The murder, it will be recalled, occurred
about o'clock the morning of Sunday, Au-
gust 6.
| evidence an exemplified copy of the record
of i Georgia insane asylum, to prove that
several relatives Of the defendant were
confined there. Objection, however was en-
tered and sustained.
Experts Witness Stand.
TIE mother of the defendant was recalled
and examined to family history, her
statements being similar in most respects
to those Of her husband. The first OF the
experts for the defendant next appeared, in
the person of DR.. d. Percy Hickling who
stated that he is visiting physician at the
Washington Asylum, has testified in 100 or
500 cases involving 81 estions of insanity,
and has made special. study of diseases
of the brain and nerves
Il examined Mr.. Smell on four different
occasions at the District JAIL said DR..
Hick!ing, land in a thorough manner. /
found him to have a depressed fracture Of
the skull over that portion Of the brain that
controls the motor center. 1 found also
evidence of an old fracture over the eye,
and evidences of recent injury, with a
fattening Of the skull.
1.-The fracture first referred to is rather
deep. pressed on 1t, and on releasing my
finger, involuntary twitching Of the head
followed. There Is pressure on the brain
1 found other symptoms that pressure ex-
lists. including sight paralysis. There is a
wasting of the muscles on the left side of
fph Riphf lep tvs inches
the left leg at given point. There is a
marked difference of the pulse on one side
from the other
1.-The examination was conducted with
great difficulty, owing to an inability of
Mr.. Smell to answer my questions" said
DR.. Hickling.
I've object to the use of the word ina
bility,'" injected Mr.. Gould.
Explains His Meaning.
What I meant was" continued DR..
HickIing. that Mr. SHELLS mind, SO far as
recollection went, seemed to be blank
He didn't remember his age or when he
was married. He tried to recollect and
answer my questions. I found him to be
suffering from a disease in its tertiary
stage. His eyes seemed to be normal, with
the exception of the vision
What would be the effect of intoxicat-
ing liquor on such a man as this defend
ant?' asked Mr.. Turner.
He would be more easily affected by
drinking small quantity of intoxicating
liquor than would an ordinary individual"
was the reply.
In answer to a question, the witness said
that pressure on the brain would be apt to
cause epleptic commissions in the case of
SHELL He went on to describe the nature
of epileptic commissions Some of the con-
vulsions might be as brief as to be momen-
tary. While Underlying a CONFUSION the
victims would be unconscious and might
perform acts of which they would appar-
emily be cognizable, but of which they
would have no knowledge after the conyul-
sion.
During such seizure" asked Mr.. Tur-
ner, would the patient be responsible for
anything he might do?"