The Washington times., 1908-02-16
SMELL WILL CASE
IN JURY'S HANDS,
100000 IN ISSUE
Attorney for Son Takes
Off Coat to
Plead.
Scores GrandnieCe on
Whom Man Spent
$4,000.

CLINTON, Ill. Feb. 15.-The legal
fight of Richard Smell, the Clinton
banker, for 100000 of the estate of
his father, Col. Thomas Smell, for
forty years the most unique character
in central Illinois, ended at { o'clock
this afternoon, when the contest was
Placed in the hands of a jury. The case
was completed after ten hours of ar
gument by counsel for both sides and
a trial in the circuit court before Judge
w. c. Cochran lasting three weeks.
Startling disclosures in the testimony
and letters in the possession Of both
factions made the case a doubly inter-
esting one, which involves an estate
of s. 100000. The question to be solved
by the jury is whether a man who
was capable of handling large sums OF
money and looking after numerous bust
ness deals and at the same time labor
ing under an insane delusion, hating his
only living son and in constant AFFAIRS
with women until he was lightweight
years old, could make a will that would
be his last will and testament.
Instructions to jury.
The Instructions of the court to the
jury was a surprise 10 everybody who
Fhas been keeping a close watch on the
trial. Forty-fOur instructions were Of
tered by the proponents, while but seven
were offered by the contestants The
ltenor of the instructions was that
lsshculd a man be of sound mind at the
time he made the viii the jury would
have to return verdict TO that effect,
mo matter what might have been the
habits of the testator in his private
The proponents of the will made no
defense whatever 20 the charges made
against Colonel Smell regarding his
habits and his acquaintance. They did
not dwell long upon this phase OF The
case.
Perhaps the strongest argument made
by any of the counsel was that of
Judge C. X. Imam, one of the attOr-
,neys representing Richard Smell. When
the attorney was in the midst of his
speech there were tears ia the eyes OF
both jurors and spectators. He dwelt
upon the great wrong which had been
done the son by his irate and demented
father in making charges of theft
against him and finally cutting him of
with a mere pittance of an annuity. He
emphasized the point that Dick" Smell
did not care for the millions Of his
father, but that he wanted TO be SCI
right in the eyes OF his Eeighbors.
Lawyer Sheds Coat to Plead.
WHO was the vixen gentlemen, "
Numbered the much-wrOught-u lawyer
who had Invested himself OF MS coat
with the permission OF the court who
made the colonel forget that he had g
home. made him forget his loved ones
made him forget that he was a respect
ed citizen OF this community 1t was
none other than the so-called grand
niece, Mabene Smell Mcnamara, the
Kansas City woman, who cOulO make
the colonel become silent just Ike q
child and who could obtain any sum OF
money she wanted from the poor De
luded man.
..Nabele Smell, one of the heirs undei
his will. is the person whom God vii
mold accountable for the ruination of 1
man who led d pure life among hi
loved ones for seventy years before sh'
came into his life
Attorneys for Richard Smell cited tn
gifts of the colonel to Mabele Smell
evidence of an insane delusion. 1t i
estimated that she was given sums o
money amounting 10 $4,000. beside
thousands Of dollars spent by Colone
Smell on dresses, jewelry, and trip
taken with the woman.
$4,000 Spent on Preachers Family.
The amounts of money spent b.
Colonel Smell on the family of the Rev
q. A. Hamilton, the Methodist minister
as known TO have been more than $2o. oc
According 70 letters from Edna Hamil
ton to her hty-seven-year-old lover
the colonel paid for her education a
Depauw University, as well as givin
her spending money.
one OF the attorneys, in summing u
the case. argued that Colonel Smell Ia
spent 100000 in the last ten years of hi
life, the most of which was spent o
women.