Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1914-06-12

TContinued from First Page1
madhouse-or end his life in the cleo
trio chair.
OF all the murder trials that have
been listed in the Dauphin county
courts few have attracted more wide
spread attention than the Smith case
listed to-day. Consequently. despite
the unusual heat, Courtroom No. l was
crowded when at 1890 o'clock this
morning District Attorney Stroup
called Smith for trial.
Smith, in custody of couple of
deputies, was brought from the Jail
Just a few minutes after 1890. That
the insanity plea was to be advanced
in some form had been the general
impression and the pale youth was the
cynosure of a good many eyes as he
appeared in the, doorway. He was
pale, and apparently cool.
To those who expected some sign
OF mental unbalance, the action of
Smith as he stepped into the room
caused a little surprise; he calmly re-
moved his cap and smoothed his
rather long wavy hair.
In the Row Behind the Bar
In the first row behind the bar rail-
ing sat Smiths relatives, including his
mother and pretty sister. His father
sat at the counsel table with Attor-
neys John Fox Weiss and William II.
Earnest. Across the table with Dis
trict Attorney Stroup was Assistant
District Attorney +. B. Wickersham
and County Detective Walter.
Before Smith was arraigned Mr..
Weiss offered the motion asking for a
special jury to determine the ques-
tion of Smiths sanity at the present
time. If he were insane now the law,
Mr.. Weiss said, wouldn't require or
compel Smith to answer to a jury for
murder.
Witnesses could be produced, Mr..
Weiss said who had seen Smith, had
talked with him in the Jail, members
of his family, friends and others who
had seen him within the last few years
and some of the best insanity experts
and alienists in the State-witnesse
to the number of forty would be called
to substantiate the defenses conten-
ton that Smith is insane, has been for
years = and is gradually growing
worse.
District Attorney Stroup said he had
had no inkling of the defense's plan
and did not know that the special
plea was to be made. Consequently
the Commonwealth, he said, was not
prepared to fight the special plea petit
tion.
That started a wordy battle between
Mr. Weiss and Mr.. Stroup, during
which some complimentary remarks
as to the respective abilities of each
as criminal lawyers and as prosecut-
ing attorneys were exchanged.
Stroup's Argument
District Attorney Stroup, however,
contended that he didn't feel like try
ing a man who was lunatic.
Mr.. Weiss said the District Attor-
ney must have known that insanity
would be the defense. In answer to
Judge Kunkeps inquiry as to whether
or not Smith had ever been confined
Mr.. Weiss said that question had
caused frequent quarrels in the fam
lily; that Mr.. Smith wanted him sent
to an asylum and Mrs. Smith, the
daughter of the murdered man, re-
fused to allow this.
And when the court had finally di-
rected the continuance and Smith got
up to go back to Jail, fearful woman
rose in the front seat of the court
room and threw her arms about the
youths neck and kissed him. Then
she quietly cried into her kerchief as
the boy was led away.
The woman was Smiths mother.