The times. [volume] (Washington [D.C.]) 1897-1901, 1900-01-25

The continuation oil the ulal oil benjamin
H. Smell for the murder of Lizzie Weisen-
! berger began at 10 o'clock yesterday morn
ing. The feature of the day was the ex-
! animation of the daughter OF Smell. child
OF fifteen. who was married recently to
Ralph Daniels, a soldier.
The corridors of the court building we're
crowded at the opening Of the court. The
usual number of women were present
their faces having now grown familiar TO
the court attendants The Weisenberger
family entered the courtroom at 10 o'clock.
and Smell was at the same moment brought
in His wife came in a moment later,
kissed him, and took the chair at his side.
There was some trouble about securing
the witness Wright by the defence, he
being quarantined at home by diphtheria.
Mr.. Turner stated to the court that the
witness was a most important one. but the
court said that he would hesitate very
much to bring the man into court and the
lawyer for the defence said he would take
up the matter later.
When it was taken up, by the appearance
in the courtroom OF DR.. Woodward. the
Health Officer of The District that gentle
man told the court that il would be the
duty of the office OF which he was the
head TO Investigate the circumstances as
to whether the man had been in attend
ance upon the patient before he could give
an answer, and that he would report the
result this morning. The court then said
that If the Health Officer would permit the
witness to appear. after proper disinfection.
he had no objection, but that he would
not personally subject those in attendance
TO danger Of infection.
Examination of Mrs. Daniels.
Mr.. Turner. for the defence, began the
examination of Mrs. Daniels.
Tell whether you ever knew OF your
father having headache"
I'VE object" cried Mr.. Gould.
'on what ground?'
Because II would be utterly impossi-
bic for one person TO know if another had
a headache.
Il don't think so. If the court please; ]
venture TO say that Mr.. Gould has often
had trouble with his head that his family
knew Of"
Upon ruling by the court the witness re-
piled in the affirmative, which was the last
question of the direct examination and the
Government took the witness.
Weisenberger left her fathers house.
ION Decoration Day"
do you know why she left?''
Il never heard her say"
She was finally induced 10 tell that she
did not know why Lizzie left. Ii was en-
deavored TO draw from her the fact that
Lizzie had left the house of Smell because
OF some harsh treatment The witness ex-
hibited a very poor memory about any III
and said that Lizzie was anxious
to remain. and that she loved the various
members OF the family.
Injured i'm n Barroom Fight.
In April. 1897, she testified, her father
had received an injury in a tight in sa-
loon. and from that date she had observed
queer actions on his part. The Govern
ment skillfully drew from the witness that
prior TO this injury Smell had been a per-
fecily rational man. He was a good mu-
stefan. and vas called by many friends
Judge Smell"
He was laid up for two or three months
after the injury in which his leg was frac-
tured. continued the witness.
The witness testified that her father had
been moved from one room to another on
the ground floor. and laid on mattress
on the floor. This was the occasion on
which he caught up the gun and fred it
through the screen door.
In reply to another question, the witness
said:
There was foam and blood on his lips
when / went in.
You have made some study of the
symptoms Of epilepsy with view to at
tending this case. have you not?'
Yes. sir" said the witness.
"And when you saw him at this time he
rolled on the floor. and had blood ard
foam on his lips. and was otherwise dis
torted in countenance?"
Yes. sir"
The testimony then reviewed that of
Yesterday, in which Smell was described
as having thrown a salt cellar at his WIFE
a glass at Lizzie, and then kicked over
the table. On each occasion, the witness
WAS trapped into admitting that the cpl |
leptic symptoms were Identical. the last
fiji lasting an hour and a quarter. When !
Smell had struck the witness al the piano. !
he fell to the floor and had the usual
symptoms. foaming at the mouth and |
grithing in commissions.
The examination was full and showed |
hat the witness was very familiar with |
he symptoms of epileptic seizures and /
heir accompanying effects upon the vic |
i'm Of them After each seizure, she !
aid her father went TO bed.
Mr. Gould asked a very technical ques- |
ion. and Mr. Turner said:
Absurd the witness doesn't know what |
hat means
Why. she knows all about epilepsy" re- |
orted Mr.. Gould.
Counsel for the defendant objected TO |
he Government using the term murder"
md asked that tragedy" or killing" be |
Iscd The court so ruled
SneIl's Lucid Intervals.
The witness then went on to say that at |
lines when her father was not suffering |
rom fits he seemed to her to be a sane
nan. They never called a physician. be- |
ause they wished to keep the fact Of his |
pells a secret The examination was by |
ar the most severe that has so far been |
Jut 10 a witness.
She said that she bad learned all she
new OF epilepsy and its symptoms from
chool, where she had attended in the |
eventh grade.
What textbook on physiology did you |
tudy, Mrs Daniels?" asked Mr.. Gould.
1--WE forgotten the name"
And you studied about epilepsy from
hat. did you?"
yes, sir"
How old are YOU Mrs Danels?" asked
he court.
Fifteen"
'"You may CO."
The laconic manner Of the court was
more severe than any arraignment could
ave been.
4 SnIoonkccpcr Testiiies.
Steven r. Collins, a saloonkeeper, in |
seventh Street northwest, opposite Centre
Market was next called by the defence.
He testified that the defendant had been
n the habit Of coming into his place