Evening star., 1928-11-19
INSANITY DEFENSE
H|NTED AS SMITH
IS PUT ON TRIAL
Court OverruIes Counsel's
Request to Question Jury
on This Phase.
DETECTIVE DESCRIBES
DISCOVERY OF BODY
Witnesses Take Stand in Case
Against Watchman Accused
of Killing Daughter.

| S~ ~AAAAAA6 A&N3NeNA'
Franklin Ellsworth Smith, thin, stoop-
shouldered and in his sos, today went
on trial for his life before Chief Justice
Walter I. Mccoy of the District Su-
preme Court on charge of Staying his
19-year-old daughter, Bessie l.. Smith,
September 26, in his apartment at 1151
New Jersey avenue.
Before they were accepted as jurors,
the IL men finally agreed upon to sit
on the case had announced to the court
they had no scruples against imposition
of death penalty.
Insanity will be the defense, E. Rus
sell Kelly, Smiths attorney, intimated
to the court when he asked the court to
question the jury as to their attitude
on insanity as defense in a first de-
gree murder trial The court overruled
the request, but asked the jury if it
will be willing to take the law in the
case from him.
Chief Justice Mccoy, after the jury
had been chosen, announced that sen
Sitive people who would not care to
| listen, those who will find the testimony
| in this case sensitive to their ears, may
| leave the courtroom.
A confession signed by, Smith and
written in the office of the homicide
squad the day after the death OF his
daughter was presented to the jury
early this afternoon This confession
gives the sordid details of Smiths un-
natural relations with his daughter
covering a period of several years and
| described in detail how he killed her.
| The confession was written on the
| typewriter before several members IF
| the homicide squad and each sheet
bears Smiths signature.
J. Finds Body on Bed.
John c. Steele 1881 First street, called
by the prosecution, told the court he
had an engagement to meet Bessie
September 26. He said that he was
late and that at about II o'clock, when
he arrived, he found Smith leaving and
locking up the apartment. He said he
asked Smith where hts daughter was
and Smith replied hat his daughter
was in the apartment, but was dead.
IT started crying then and followed
Mr.. Smith down the stairs and out of
the apartment house." Steele said.
Steele said he then went to the Sec
ond precinct station and notified police
of what Smith had said Detective
Raymond B. Carroll of the second pre-
cinct said he went to the New Jersey
avenue address and went into the
Smith apartment where he found the
Smith girl lying on the bed with pill
low over her face and apparently life-
less.
Following further testimony on this
score, court adjourned for lunchs,
Outlines Governments Case.
Following the selection of jury
which consumed nearly an hour. dur
ing which time the defense used nine
of its allotted II challenges to the prose-
cution's seven, William II. Collins, as
sistant United States attorney prose-
cutting the case, presented brief open
ing statement of the Governments
case.
Collins told the jury the Government
would present evidence showing that
Smith, on the day of the alleged muir
der returned from his work as night
watchman of the National Metropolitan
Bank about $3.50 o'clock in the morning
and engaged in an argument with his
daughter about the preparation of
breakfast for him During this argu-
! younger brother, William Smith, 13, left
the apartment to go to school. He
further stated that it was in this argu-
ment that Smith attacked his daughter.
threw her on bed and Strangled her.
He stated the Government would at
tempt to prove generalization. He said
the Government would present evidence
that Smith, after his daughter had
ceased. moving while his hand was still!
about her throat, procured a mirror
and held 1t before the girls mouth to
ascertain whether she was dead. He
| said that he would show that Smith
found on the mirror cloud of mois-
| ture and, placing one hand over her
| nose and the other over her mouth,
| cut off her breathing until he was
satisfied that life had left the body.
Brother Identifies Body.
The first witness called by the prose-
cution was Newton Smith, 25, son OF
the defendant, who testified he had
| identified body at the District Morgue
| as that of his sister. William Estes,
| assistant morgue master, testified that
upon Newton Smiths identification, he
had in turn identified the body to DR..
Joseph D. Rogers, deputy coroner.
DR.. Rogers was then called to the
| stand and he testified that in the
autopsy he determined the girls death
was due to strangulation and sutfoca-
ton. William Smith then was called to
| the stand and he testified he had heard
his father and sister arguing the morn
ing of the girls death. r.
The Smith jury consists of Charles
Abbate, 1915 Pennsylvania avenue
southeast: Benjamin F. Bailey, 112lH2
Four-and-a-half street southwest; Ed
ward Barton, 1903 K street; Millard r.
Rhodes, 6304 Fifth street; Herbert
Kidd. sos Thirteenth street southeast;
Malcolm Reintzell. 1885 North Capitol
street; Harry Seldman, 5lo0 Conduit
road: Peter Glascoe, 1901 Eighth street;
John j. Graft, 532 Eleventh street
southeast; Charles c. Hall, 800 Della
field place; Richard H. Moulton, TIA
Irving street: Ernest B. Olsen, 627
Eighth street northeast.