The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-09-03
THE MURDERED POLICEMAN.

THE MURDERED POLICEMAN.
EXAMINATION IN THE THIRD DISTRICT COURT
OF JERsRx cITY-coUNsEL's xFYoRTs TO
HAVE THE CASE GO OVER TO THE COURT
JUDGE DAvIs-Tax LArrxR's IxPARrIALllx
QUESTIONED.
In the Third District Court OF Jersey City yesterday
the case Of Mrs. jennie Smith end Covert Bennett,
who stand charged with the murder Of Police Officer
Smith. tho husband OF the female prisoner came Up
for examination The presiding Justice was James W.
Davis. and all parties concerned were represented BY
counsel pretty long argument by counsel IN favor
Of having the case GO over 10 the Court Of oyer and
Torminer which SITS to-day brought out some strong
language, TO tho prejudice Of the Judge, whose I'M
partiaty docs not pass unquestiosed, but the test
mony which was taken Is little more than repetition
Of that givon At the Coroner's inquest One Of the
nrst altogether the most Of the per-
sons who appeared 10 court during the day. was
noble Count Joapnos. He camo early, shook hands
affaby with lawyer and bowed with dignity to
tho others, As 1.-THE said In plain terms, "Gentcmen,
accept tho assurance of my most distinguished
sideration." He thch took a seat
Mrs Smith was not IN court during the day, but
was said 10 be in tho Judges room. Young Bennett
was. however, brought aftor the vain attempt of
couosc 20 povo case 80 over Ouce 10 Court
OF Oyer and Terminer. He is good LOOKING young
man OF genteel appearance and seemingly not moro
than twenty years Of HIS features pale. but
rather sombro aud impassrvs. He neatly
dressed In q blush suit While the examination was
In progress he concerned himself In reading over
scrapbook, presumably containing reports Of tho casc
but did give much attention tho proceedings.
ARGUMENT MR.. wAKEMAx
Mr. 3. B. waksman, counsel Tor Mrs. Smith, said he
wished to renew motion which he had already made
In private, ana which that tho Judge should
init Mrs.. smith custody OF the county, aod that
she might be placed In the County Jail Whom tne
Coroncr's jury had agreed to tho vordict that Mrs.
Smith was guilty OF the murdcr OF her husband no
presumed that dangerous person would not be
permitted to remain In the city prison, although
guarded by tho police OF Jersey City, who not,
however, officers OF the county Tho Coronor's jury
authority OF the whole county, for tho Coroner
that the Court would take judicial coguzance Of
his motion. The Court oil oyer and Term,ner would
that It was perfect proceed all the
witnesses could DO examined before grand IN
s suss p pro u0 sha. Mrs. SMITH should
be united by HIS Honor's warrant-it he had the
Smith did not need examination, she waved sucn
an examination. aud she would not have u by advice
Of her counsel II was tho plain and obvious duty Of
all magistrates 10 commit prisoners TO the next Court
OF Oyer and Terininer. Mrs. Smith had been found
guilty by tho Corouers jury, but how could sns Court
proceed against her unless she came within Its juris
dicIlonf When man or woman was found guilty,
where, he asked. was the place for such prisoners
II WINS, he submitted, within tho strong walls of the
County JAIL He thought the ends OF justice would
be amply reached by the committal OF. Mrs Smith
either by HIS Honor or by the Coroner Was II not
absolutely cruel tor sting magistrate hold
a sick woman without any oLAs 10 call upon attend
TO her but military police or semLsoIdicrsf Whom
the ends Justice would be better satisfied by COM
hitting such woman 10 tho County Jail no main
,ained that It was the duty Of HIS Honor 10 mako
such a commitment Let her, therefore, 20 to Inc
County Jail, that hor might DO takcn tho
Court Of oyer and Tsrm,ner.
tho Court was, howovsr, proof against the argu-
ment and decided 10 proceed with the examination.
BENEFITS COUNSEL OBJECTS.
Bennett's counsel, MIR. James Fleming, also OBJ
Than Mrs SMITHS lawyer, he impeached the Judge
vigorous terms the ground Of his partial attitude,
ana demanded that n an examination decided
upon It should be conducted by another judge He
tho OF Mr.. Bennett unless tho prisoner himself
demanded Il. Tor examination was the privilege Of
= ma gslrate tor examination commitment. and II
u examination was held and the prisoner was COM
II the right Of the State again and again
submit prisoner 10 examination; II WAS an impoSi-
ana privilege. Now, Mr.. Bennett aemandsd no ex.
animation, and alter the verdict OF the Coroner's
sno,her By the iSdsmep, Of The Court, which could
not be revoked tho case OF Mr. Bennett passed 10 It's
,Ss ing
power to commit prisoner, ne Jury
should md against him, was vested 10 the
Court would DO absurd and could rot be tolerated.
There must have been, said counsel, some other
bad already been had, to say nothing Of private
examinations Of detectives In tue cells below There
was no warrant Of law Tor II, and ne asked whether
any citizen should be submitted to such proceduref
The law which they asked was Law properly zdmiuis-
tered, not such was sought 10 be administered IN
THIS case His Homer, he submitted, could take
the out Of tho Court II whien the Law hsa placed
PIE corxrs rxPARrrAIIrY QUESTIONED
ITO 60 a step iurtner." said counsel land In .
n,o,e n a,'.v, ~, ,s 20 nou' nooos
you have disqualified yourself from sitting judge
In this case, und tnas II you BIT At all you should SIT
as judge and nm cxccutioner. From what
has been done by Your Honor in this you
DO NOT s' as . judge; you .it 4 you SIT
exccuiionsr. Your mind has been warped; you
have learned facts outside OF your court; you have
police critics OF this oty-I won't say the po-
Iice but with that part OF tho police which has boon
consult Your Honor no word could DO got from you.
Tho oracle could not speak unless some person In
nrst consulted YOU have been in communlcat,on
with the police, who have been In conspiracy to
!n ans ns ss MAS me
was the police that tainted ovoy atom OF air with
SANDERS sgans. him; !, was the police mat shut him
on from communication with mis- trends
charge boldly that there Is con-
spiracy on the part Of the police, and
say that Your Honor, having boon In constant
communication WITH that part Of the police, and hav-
Ing thereby your mind tainted and warped ought not
to sit In judgment upon MN. submit further that
II you ide that examination should take place
that magistrate hoLld be substiIu ted IN
your stead TO conduct IT, In conclusion counsel SUB
mittcd his objections formally, and asked that they
be recorded
IxTxRrosKs.
Count Joannes, who could longer allow his great
legal talents TO remain quicsconL burst iu:--.why
don't you prove an aitb aud have him dismisssde"
MI Fleming (iUterposing)-Now. now; whom 40
need yeur assistance VIC will
Count Joanncs-You have attacked tho Court I
am officer OF this court and
''order, ordcrl" interrupted Judge Davis, and the
noble Count grow silent.
Then Mr. wakeman made another appeal to let the
case 20 over to the Court OF Oyer ana Termine but
the Judge held himself bound by section OF the act
bearing on the subject, aud Insisted IA
ton and commitment OF has own.
coraed.
Count Joanncs-Ovcrruie IL