The evening times., 1900-01-24

and a NUMBER OF nelSnDOrS IeSllHeu do "
the mental peculiarities of the prisoner.
The most important witness was Smell s
daughter.
The corridors of the court building were
crowded at the opening of the court Inc
usual number of women were present,
their faces having now grown familiar 10
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 the
house being quarantined 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.
Mrs Daniels was the first witness, being
recalled from yesterday. She is the daugh-
ter of the defendant
Tell whether you ever knew of your
father having headache" ordered MIR.
| Turner
We object" cried Mr.. Gould.
ION what ground"
Because it would be utterly impossi-
bic for one person TO know if another had
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
The court ordered the witness to answer
and she did so in the affirmative.
The Government took the witness for the
| cross examination.
Mr. Gould asked her when Lizzie
/ Weisenberger left her fathers house.
"0n Decoration Day"
DO YOU know why she left?'
Il never heard her say"
She was finally induced to 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 Ill
1 treatment. and said that Lizzie was anxious
TO remain, and that she loved the various
members of the family.
In April 1897. she testified, her father
! had received an injury in a fight in a sa-
/ loon. and from that date she had observed
/ queer actions on his part. The Govern
ment skillfuIly drew from the witness that
! prior TO this injury Smell had been a per-
/ fectly rational man. He was good mu-
sician and was called by many friends
/ Judge SHELL
He was laid up for two or three months
after the injury. in which his leg was frac-
I 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 fired it
| through the screen door.
The indistinct speech of the witness
made it appear on examination yesterday
1 to have been a pistol but the error was
| rectfed at this point.
There was foam and blood on his lips
when / went in, she explained.
You have made some study of the
1 symptoms of epilepsy, with view TO at
tending this case, have you not2
Yes sir" said the witness.
And when you saw him al this time he
rolled on the floor. and had blood and
1 foam on his lips, aud 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 q
the table On each occasion. the witness
was trapped into admitting that the epi-
leptic SYMPTOMS were identical the last
fit lasting an hour and a quarter. When
Smell had struck the witness at the piano,
he fell to the floor and had the usual
symptoms foaming at the mouth and
writhing in commissions.
The examination was full and showed
that the witness was very familiar with
the symptoms of epileptie seizures and
their accompanying effects upon the vic
tim of them. After each seizure, she
said her father went TO bed
Mr.. Gould asked a very technical ques-
tion, and Mr.. Turner said:
Absurd: the witness doesn't know what
that means
Why. she knows all about epilepsy re-
torted Mr.. Gould.
Counsel for the defendant objected to
the Government using the term murder, -
and asked that tragedy or killing be
used. The court so ruled.
The witness then went on TO say that at
times when her father was not suffering
from fits. he seemed TO her to be a sane
man. They never called a physician. be-
cause they wished to keep the fact of his
spells a secret. The examination was by
far the most severe that has so far been
put to a witness.
Mrs Davis said that she had never talk
ed with anyone about epilepsy, nor had she
read anything on the subject out of school,
She studied epilepsy in the seventh grade
under Miss Phillips, the textbook on phys
iology which she studied having been for
gotten. She only studied a few lines of
it, but those STATED epileptic symptoms
briefly"
THAT is ALL" said Mr. Gould. The
court turned to the witness and asked:
How old are you, Mrs. Daniels?"
Fifteen" she replied.
Not another word was said. and the wit
ness was excused.
Steven r. Collins, e saioC lkeeper, OF
Seventh Street northwest, opposite Centre
Market. was next called by the defence
He testified that the defendant had been
in the habit of coming in to his place
about once a month for nearly five years,
but upon attempting to tell what his OBJ
servations were as to the sanity CT the
man, he was stopped by the Government.
He was told to state what unusual facts
he noticed. He said that Smell was very
erratic in his manner of talking, often
breaking off in subject for no reason and
coming back in a moment and beginning a
new conversation. On one occasion he had
a gun in his hand, and to a stranger, who
admired it. he offered to present 1t. Wit
ness was of the opinion that Smell was
crazy. He was always a welcome customer
because he had money to pay for what he
bought.
On the cross-examination by the District
Attorney the witness said that he met
many men in his line of business who act
ed strangely, and he was drawn out to say
that in his opinion about half the men he
met needed more brains than they had.
Then. your opinion said Mr.. Ander
son. lis that about so per cent of the men
in the world are daft?"
Yes, sir" was the pessimistic reply.