The times. [volume] (Washington [D.C.]) 1897-1901, 1900-01-24
An Objection Noted.

Mr.. Turner objected to the 7testimony
| and asked that IT be stricken oat, but was
overruled. and the Government gave The
witness TO the defence. .a..,
She was cross-examined y by Mr..
Turner who endeayored to prore that the
reason Smell had taken Lizzie out of the
room was because the girls were skylark-
ing. but Carrie refused TO be turned In
her statements.
Emma Weisenberger was thenfcalied and
testified that she was eighteen years Of
age and knew Smell we'll she had been in
the habit of coming home shortly after G
o'clock from her work. and said:
When | came home from work one
evening Smell was there trying to get my
sister to 20 back with him. | told her not
to go. and he told me TO shut up
told him II | had to take care OF her my
self. Lizzie should not go back. and he
said | had too much mouth and that he
would get Robertson 10 fix me. Lizzie
was crying all the time he was trying 10
get her to go with him. This was on the
Tuesday before the murder
The witness was then given 10 the de
fence. Mr.. Mitchell cross examining.
Did you go home on Friday. August A.
Yes: stayed about two hours. left
ABOUT NI Il niue lltl CUtll on
the Benning Road by the tollgate. He was
going toward the brick yards.
Witness said that she went home on the
Tuesday preceding the murder. Smell was
there and the rest of the family. He was
trying TO get Lizzie TO come back with
him.
81 told him that she should not go With
him. The first l heard of anything about
SHELLS actions was that evening"
When asked how she heard this she re-
piled that her sister Lizzie had told her a
portion Of 1t, and her mother had also tod
her. The Government then took the wit
ness for the redirect examination, and ask
ed her at what hour she was at her home
on the Friday evening before the murder.
She answered that she had got home about
O'Clock and remained about two hours,
leaving shortly after 9 o'clock. She was
then excused. and Mary Gentner who
lived at al Nineteenth Street northeast
on the 2Sth of last July was called by the
Government.
On the evening of the day named she
testified that she saw Smell go TO the house
of the Wesenbergers and rap for admit
lance, and saw him enter the house.
The Government Closes.
Your honor" said Mr. Anderson, at the
close of Miss Gentner's examination. at
1855 o'clock. the Government closes lis
case with the Offering OF this razor in evil
dence."
MIR. Mitchell addressed the jury in pres
cntation Of the case for Smell. His hands
went into his hip pockets, and he paced
back and forth before the jury as he spoke T.
He gave very clear and logical state
ment OF the case, as the defence proposed /
TO conduct 1t, and laid particular stress !
upon the faint of hereditary insanity. |
claiming that such u mental state had |
been the misfortune in the Smell family as /
far back as the prisoners great grand |
father, and that his client was mentally |
unbalanced and wholly irresponsible at the |
time of the murder of Elizabeth Weisen-
berger. This. he claimed. was the result OF
marriages, and the man on
trial was the unhappy victim, born of
between first cousins.
We will show that he had a fall which
produced an injury which caused him up
TO the time he was twenty three years of
age TO suffer from epileptic fits At an
early age. while so suffering. he attempted
10 kill his brother with n, guh. A. severe
beating years ago on the Bladensburg Road
left him mentally worse OF than before,
leaving him violent tempered man OF I'M
impulses. 81
The defense then opened its case by
calling Benjamin W. Smell, the rather OF