The evening times., 1900-01-20
THE SMELL MURDER Case
The Jury to Hear the Evidence in
the Trial Complete.
The NOnchaIance of the Prisoner and
the Grief of His MOther-TiIts Be-
tween Opposing Counsel During
the Examination of Talesmen.
Curious Excuses to Eyade Duty.

The jury in the Smell murder case was
| finally selected at 1920 o'clock and the
prosecution begun, at the reconvening ot
/ the court at / O'Clock after the MONDAY
recess. The full jury is as follows:
William T. Pierce, Everett L. Ellis
John Crawford, Charles n. Cunningham
Joseph A. Lynn, Thomas Norw><d, L. L
Butler, Henry d. Nicholson, John l.
Barnes, and Joseph r. Nelson.
After spending the entire forenoon IN
monotonous examinations, there was a
sudden lull in the proceedings, and in the
tense hush someone dropped an umbrella.
At the same moment Mr.. Anderson, Dis
trict Attorney, arose and said:
IF your honor please. the Government
is satisfied with the jury" 1t was the
last thread. The case had begun.
Smell slouched into the courtroom this
morning nonchalantly, his ponderous
weight Earring the floor as he moved to his
seat behind his COUNSEL Previous to 10
o'clock, his father and mother came in
and took seats in the front row immedi-
ately in the rear of the counsel for the
prosecution. AS the son came in the old
mother, a look of anguish on her face.
glanced appealinlty toward him. Her face
was partly shielded by her right hand, in
which she held a handkerchief. AS socn
as the prisoner had taken his seat, the
parents were escorted to chairs beside him,
the mother being placed On his right hand.
He glanced at her, but spoke no word
and the crier opened court.
The members of the family of the muir
dered Lizzie Weisenberger were not pres
ent, when the examination of talesman be
gan.
s. Sprigg Belt was the first man called
and upon being examined by the court
stated that he had formed a decided opin-
ion and that it would be a hard matter to
alter his opinion. He was SO decided that
he was disqualified
Thomas Wiltberger, Superintendent OF
Rock Creek Cemetery, was examined, as
being exempt from service under the law
Harry Perkins, a carpenter, of Anacos-
tia. said that ne had formed no opinion as
TO the sanity of the defendant, nor of the
merits of the case and that upon evil
dence in the case depended the infiction OF
the death penalty or Imprisonment for life
in the event of Imprisonment. He had no
/ prejudice against insanity as an adequate
defence for the crime of murder. He
proved to be sound on all questions and
was seated.
The defence then excused Mr. Blake un-
I'll next Thursday and called Harry w.
! Bowling for examination. He was op-
posed to capital punishment and was
! challenged by the Government for cause.
Upon examination by the counsel for the
defence, his opinion underwent no change,
and he said that not even under the
Solemnity of the jurors oath could he rem
/ der an impartial verdict. The challenge
was sustained.
Charles Weitzel said that he had formed
an opinion and his replies were 50 unin-
tellgent that he was voluntarily excused
by both sides of the case.
Edward S. York upon coming to the
/ front expressed a prejudice against CAPT
/ tai punishment, saying that he had on
/ various occasions been excused Tor this
/ reason. He was disqualified.
| ID. w. Chambers was disqualified ewing
! to jury service in November last.
The Waivure Discussed.
! L. J. Butler, a grocer, of 621 Twenty
| third Street northwest, was next called.
! He said he had on various occasions serv-
! ed on juries, and his opinions being found
/ to be as fair and unpreiudieed as was pos
| sible, he was seated, filling the box, and
the Government expressed satisfaction
( with the jury, but the defence excused
/ Mr. Herald, and John l.. Burns was called.
/ He was examined fully and seated.
Some discussion was caused between the
Government and the defence in reference
To the waivure by the former of their right
of peremptory challenge. The court de-
cided that the challenge was not forfeited
by the waivure, and that they still had
the right to challenge any man on the
jury. although they had expressed salts
faction with it as it at the time stood.
| The defence therefore excused Mr.. Major
leaving them but two challenges remain
ing.
Charles F. Nesbitt, real estate broker,
of 1901 Phelps Place, was called. He said
that with one possible exception, which
he was not pressed to state. he could rem
der an impartial verdict. He had formed
an opinion, and upon questioning by Mr..
Turner, said that the possible exception
to which he had referred was his bias
against the plea of insanity. and that he
would regard with a great deal of suspi-
cion such a defence for the crime of mur-
der. SHELLS counsel then challenged him
for cause, since he was prejudiced against
the meterial defence in the case. Mr..
Gould put him to the test but without
avail, and he was excused.
William Stevens stated that notwith-
standing an opinion formed he could sit
in the jury and impartially try the case.
He had no leaning one way or the other for
either penalty prescribed by law and plac-