The times. [volume] (Washington [D.C.]) 1897-1901, 1900-01-31

The Smell murder trial is approaching
conclusion. Argument Will be completed
today at o'clock, the instructions given
TO the jury. and the case Of the slayer Of
little Lizzie Weisenberger placed in the
hands of the twelve men who have lis
tened attentively TO the evidence and the
arguments, and upon whom falls the re-
sponsibility OF determining Benjamin
SHELLS fate.
Assistant District Attorney Gould opened
the argument for the Government yesterday
afternoon, and for an hour handled the
crime and its perpetrator as viewed by the
prosecution, while Mr.. Mitchell for The
defence, occupied another hour in reciting
his side Of the case
The taking CT testimony was concluded
early In the forenoon. Among those called
were clerks In the Pension Office, and their
testimony was to the effect that Smell had
always been considered a capable and a
worthy clerk, who attended to his own
business and did not at any time display
any condition of mind which would lead 10
a questioning of his sanity.
In cross-examining these witnesses, the
counsel for the defence seldom departed
ficm the stereotyped rule Of establishing
gether with the fact that none of those
who testified had ever seen him in any
mood which was other than quiet. nor
under any circumstances which would t-nd
to excite his anger One witness had seen
him In a cell at the Ninth precinct station
house on the night OF the murder. and tes-
titled that Smell had told him that whisky
was responsible for his trouble
Another witness had been confined in
fail on a siXty-day sentence for assault,
and Smell had told him, be testified. that
his course Of defence would probably be
insanity.
In sur-rebuttal DR.. Hickling was called
TO the stand. but never got an opportunity
TO reply 10 the FIRST question. The Govern
ment objected on the ground OF irreleyance
and inadmissibility because OF il being but
the opinion OF one expert against another.
Asks to BE Excused From Answering.
The defence finally asked Il the witness
had ever had a conversation with Dr.
shute as to the mental condition of Smell
and the witness turned TO the court and
said that he should like 20 be excused from
answering the question.
The conversation | had with DT. Shute
was Of a private and professional nature,
and do not feel that / should disclose it,
especially since Dr. Shute seems to have
formed opinions while on the witness stand
at variance with those which
THAT will do, doctor, Don't go into
thsti'' cried the District Attorney.
The defendants counsel INDUCED in
smile. ard the witness was excused with
out anything more having been gained.
The Pension Office clerks who were put
upon the stand were Frederick W. Collins,
George W. Uline. Charles Matthews, and
Tl.as,, f.afu
formerly Commissioner of Pensions was
called 10 Identify the recommendation
which he had signed. recommending the
decrease OF SHELLS salary, but he was not
permitted to testify, the court ruling that
In order TO establish the Incompetence OF
Smell the witness must have seen II In per-
son, and not have received II second hand
An official may discharge an employe, but
his evidence could not be received upon the
testimony OF any inspector or investigator
OF Tho conduct of the man who may have
communicated the results OF his investiga-
tions 10 the Official.
Immediately after Or. Hickling left the
stand Mr. Turner stated that he had in
tended calling DIR. Rose In sur rebuttal.
but that since the questions lie had to put
10 him were precisely those which Dr.
Hickling had not been permitted to answer
the defence would call no more witnesses,
but close its case. IL was Just 1890. and
total of ninety-hve witnesses had been
examined since the opening of the trial.
Prayers for instructions from the court
TO the jury were then submitted, and some
time was occupied In their reading. dis
cussion, and adjustment to the ideas OF both
sides.
One Of the prayers OF the Government
readi
''If the jury find that the defendant was
conscious OF his acts Immediately prior
10 the killing and immediately following