The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-01-18
ON Trial FOR HIS LIE
BENJAMIN H. Smells Case Brought
Before Judge Clabaugh.
Motion for n Further POstPonemeRt
OyerruIed and the Work Of secur-
iPg Jury Begun-The Appearance
Of the Prisoner-The NVeisenber-
ger Family in the Courtroom

Benjamin II. SEell was put on trial to-
day before Justice Clabaugh for the muir
der Of thirteen-year-old Lizzie Weisen-
berger on the morning OF August s last.
The defendant appeared haggard and wor-
ried when he entered the court room. His
presence was mere than the Welsenber-
gers, mother and sisters Of the murdered
girl. could bear They were on the verge
OF coilapsing. and were removed 70 the
witness room where they remained during
the rest OF the day. The father Of the de-
PENDANT, G. 3. 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 ,ryrng
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 arraigned 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 70 be so disiuterested
in the proceedings as was George ". Hor-
ton. who, when tried Tor the murder OF
Mrs. Jane Nicholson. also made plea OF
insanity his defence.
Smell was, Of course. the cyuOsure OF
all eyes The courtroom was crowded 10
its utmost capacity, long before the hour
fixed for the proceedings to begin All the
windows IN the corridor north OF the court
room we're crowded with persons. strain
I Ing their neck to g. a glimpse Of the
murderer.
Among these were many women -EhO re-
NAMED in the building the greater part OF
the day.
As soon as Justice CIabaugh took his
place on the bench. District Attorney An
/ dersOn announced that the Government
vas ready 10 proceed with the trial. Mr.
Turner. the senior counsel for the de-
/ fence. then made a final appeal for post
pODement 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.. syDOssf By assistant
| District Attorney Gould. who stated that
! on last Friday. wncI a continuance vas
made from Tuesday. the tine set for the
I trial. until today, Il was understood nc
I further pOstpOneUent would be asked for.
I In addition. be said thar Mr.. Fleming took
10 active part IN the preparation OF the
case, and was not even known to be 81
uuJl Monday. Aside from this. Mr. Gould
said. it was only fsi- to state that Dis
tricJ Attorney Anderson has left a sick
bed. against the advice Of MS physician.
10 BE- present At the trial.
Justice Clabaugh. OF hearing the state
meuts Of counsel. oveIruled the mouOu for
a continuance. and ordered the trial &c
proceed.
The empanelIing OF tury-ws then COM
meuCed. and it was evident from the
searching manner in which the jurors
were examined that il would take a long
time TO complete the panel. The first
member Of the regular panel for the
month Of January, T. II. Nouugs, when
/ called stated that he had made up his
mind as 90 the innocence OF the defendant.
although he had not expressed his Opin-
ion. He also stated that he was also op-
pose, 20 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 we're
stood aside for similar causes.