The evening times., 1900-01-27

years ago. and had occasionally held brief
conversations with the defendant
Il looked unon Mr.. Smell as perfectly
rational man. better informed than the
average man.. was the response to.a ques-
tion as 10 the sanity of the defendant
The cross examination was on the usual
lines
Edwin L. Robson. guard at the United
States jail, was placed on the stand. and
testified that he saw the prisoner at the
jail every day. Smell had four or five
hours sleep every night. declared the wit
ness, and slept as well as the average
prisoner.
The witness had seen Smell under ex-
animation by the physicians, and when
taking his exercise in the rotunda of the
jail, and at these times the prisoners
gait was rolling and weak, but when he
was not under observation his manner and
gait were normal.
Smell had been very much interested liz
tire trial of Funk. and in other affairs
going on IN the outside world. The wit
ness testified that he had always ccnsid-
eled the defendant a sane man.
Nr Turner cross-eXamined the witness
as to his opinion whether five hours was
d fair average of the length of time pris-
Oners sleep in Jail and was replied TO that
he did not think that was up to the aver
age.
Pension Clerks a. Witnesses.
Air. L. Thomasson. the next witness, said
he had known Smell about four years. He
had met him frequently in a saloon. and
had seen him there On the Saturday night
at about 1o:l5. before the murder OF Lizzie
NCiseubereer
Il thought he had as good. sound sense
Thomas y. Mitchell. employed in the
United States Jail since 1924 Was called
an6 testified that he thought Smell a sane
man, lie was excused without cross-ex-
animation
George e Martin. an emlluye of the
Pension Bureau. testified that he had
known Suell fer Two or three years. hav-
ing become acquainted with him in the
office and working within fifteen feet #
defendant for the length OF time named.
Frequent conversations were held between
the two OF current topics, and witness
considered Smell a wcll-informed and sane
man.
Dr 4. W Boswell. Of sci Ninth Street
northeast followed. He had examined the
defendant in his cell at the Jail He found
him in nervous state and gave him about
Two oEn0rs OF whisky Snells face was
flushed, and he asked the witness not to
put any poison in the whisky, rs he want
ed to make statement about this case be-
fore be died.
On cross examination the witness said he
had not observed any symptoms of cpl
lepsy.
James X. Clark. 1872 N Street northeast.
4 clerk in the Pension Office. went on the
stand next He also knew Smell well. and
had seen him in his Office on the day before
the murder when he seemed TO be in a
normal mood. He saw him at o'clock on
the evening OF the same day. and had talk
ed with him.
1t never occurred 10 me that he was an
insane man. and 1 never heard of his being
i'll or having any epileDtic commissions.
Cross s-eXamination again brought out the
good nature and gentlemanly qualities of
the defendant
James ". Walters. captain of the watch
at the District Jail. related the circum-
stances attendant upon the examination of
Smell at the jail. During the time of the
doctors presence the witness said. Smell
walked badly. but when he went 10 his cell,
aTi thought he was unobserved, he walk
ed as we'll as any man could 1t was the
decided opinion OF the witness that the
man was sane. A recess was then taken
until 1 O'Clock