Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-01-27
THE OTHER VIEW
Witnesses Who Believe Benjamin
Smell is of Sound Mind.
EVIDENCE SUBMITTED IN RBBUFFhL
SMELLS Answer to Questions When
Asking for Insurance.
HIS ACTIoNS IN JAIL

With large number of persons in attend
ance summoned by the government TO tes-
tify that from general observation they
have always considered the defendant sane,
the trial of Benjamin H SneH was resumed
this morning before Justice Ciabaush IN
Criminal Court No. l. When court was
opened those who have become habitual
spectators were in their places, and the
general situa ton seemed to be the same as
on preceding days. Smell appeared brighter
than heretofore. His wife was at his SIDE
throughout the day.
After The Stars report of the trial yes
terday closed the government placed on the
stand number of witnesses who testified
that they had known Smell more or less IN
timately for years and never noticed the
slightest Indicate that his mind was otner
than sound In the opinion of the witnesses
the defendant was an unusually lntsii!gen,
man. Among those who appeared were
Policeman Henry Ehlers, George D. Stew
ems. Mrs. Alice Burroughs, George beavers,
william F. Rawlings. August Clements ana
John H. stevens.
The first witness this morning was John
W. Watson chief of the southern division
bureau of pensions. He testified that he
worked with Smell for seven or eignt years
The york assigned to the defendant was
dithcult in character. and the witness con-
sidered him good clerk. and never noticed
anything to indicate any mental aisoToer oE
diseased condition of mind Snell was
at his desk the morning of the 9Th of last
August and attended to his duties IN the
usual manner
thirty years clerk in the pension bureau.
next took the stand. He was familiar with
the class of work Smell looked after. II IN
voIved the weighing of testimony and the
examination of proof. The defendant
seemed very anxious to maintain good
efficiency record He was seldom absent.
had no fits spells. In the opinion OF the
witness. Smell, while at the pension ONCE
sane
Warden Harris Testifes.
The government next called James H.
Harris. warden of the District Jail. Warden
Harris has observed Smell almost daily dur
ing the period of his Incarceration
From your observations, have you
formed an opinion regarding the mental
condition Of the defendant?'s the witness
was asked
II have" was the reply.
DO you consider him sane or insane?'
"He is sane.
Warden Harris went on to testify that
Smell has acted differently in manner and
movements when under examination by the
experts than at other times, When taking
exercise he walked as we'll as anybody and
to the witness has always talked nationally
and has had no fits since he has been a
prisoner at the Jail In the presence of the
physicians Smell seemed not to be able to
recollect things and walked as though he
might fall at any moment.
Frederick E Sayre. an examiner in the
pension bureau, who followed Warden Har-
ris told the court and jury that he had
worked with Smell and considered him sane.
The work assigned to the defendant in the
pension bureau required the exercise of
sound Judgment.
Declaration for Insurance.
After Charles Newburgh, an employe of
the pension bureau. had expressed the opin-
ion tha- Smell is insane. DR.. John H jung
haus took the stand and announced that
October Is 1857. he examined the defend
ant for life insurance in the Knights of the
Maccabees The witness produced state
ment sigEed by Shell on the occasion re-
ferred to. When asked questions if he had
any disease of the brain; if he ever had fits
or commissions, If he suffered from frequent
or severe headaches. or ever suffered loss
OF consciousness, he replied in the mega
tive.
Il recommended the risk as first Glass;
testified Dr. Junghaus, and 1t was accept
ed"
William H Griffith of 1917 Benning road
was called to give his opinion regarding the
mental condition of Smell. He had known
the defendant for some years and frequent
ly conversed with him on business, politics
and other topics
Il always regarded Mr.. Smell as man of
more than ordinary intelligence, said Mr..
Griffith He was perfectly rational
Edwin L. Robson, a guard at the District
Jail. related that. when examined by the
experts, Smell rolled his head and eyes and
walked with roll. but at other times his
manner the same as that of an ordi-
mary individual He can walk and turn in
a narrow cell as well as any During
the trial of Frank Funk for murder Smell
was very much concerned as to the result
and evinced keen interest in matters
transpiring outside the jail
Noticed Nothing Wrong.
NJ L. Thompson, who has known Smell
four years testified when called as a wit
ness. that he saw the defendant the night
preceding the murder. al the flying horses
about 10 o'clock and in a saloon about an
hour later.
What was his condition." asked United
States Attorney Anderson.
II didn't notice anything wrong about
him Ras the reply.
Thomas ]. Mitchell. a guard at the jail.
testified that he had not noticed anything
about Smell 10 indicate insanity.
The ext witness, George G. Martin.
made statements substantially the same
did the other employees of the pension bu-
reau who had appeared on the stand.
- Dr. a W. Boswell. who was called to
the nin'h precinct station the evening of
the day the murder committed to see
Smell. appeared as witness for the gov
eminent
smell told me that he had been drinking
hard, and thinking hard, and was nervous.
He expressed the opinion that little
WHISKY WOULD 90 MIN more GOOD imam any
thing else. / advised that he be given
whisky. When it had been procured Smell
exclaimed:
Don't put anything in the whisky to
kill me. for I want to make statement
about this affair before / die 4"
No Indications of epilepsy were observed
by the witness as regards the defendant on
the occasion in question.
James * Clark expressed the opinion
that Smell is a sane man. Mr.. Clark is a
clerk in the pension bureau. saw Smell there
frequently, and also conversed with him
while the flying horses the night pre-
ceding the killing OF Lizzie Weisenberger.
He did not seem to be under the influence
of liquor that night.
Actions at the Jail.
James W. Walters, a captain of the
watch at the District Jail. has seen Smell al
most daily since his arrest. He testified
that the 18th instant. when examined by
the physicians. the defendant apparently
had great difficulty in walking. Later
when told to go to his cell. Smell glanced
over his shoulder to il the physicians
were looking. and they were not, he
made a bee line across the rotunda walk.
ing well as anybody of his size could"
The witness further said that the de.
PENDANT was much exercised over a renOr,