New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-08-24
LOCAL MISCELLANY.
INQUEST ON POLICEMAN SMITH.
MRS. SMITH AND BENNETT APPEAR IN COURT
THE FORMER REFUSES TO TESTIFY.

MRS. SMITH AND BENNETT APPEAR IN COURT
THE FORMER REFUSES TO TESTIFY.
At the beginning of the inquest in the case
Of r. H. Smith, the murdered Jersey City policeman.
yesterday afternoon Fleming counsel for
ID. Bennett, addressed the Coroner, and asked that
hereafter all hearsay evidence should be excluded. He
said that much OF the evidence already taken was Of
that character and not only very Objectionable
served to make the testimony unnecessarily bulky.
Dstrict-AttOrney McG said that he hoped counsel
would not attempt turn the inquest into trial Cor
Oner Roman ordered the examination to proceed.
Zephaniah COnkng testified that he had heard Mrs.
Smith speak of Bennett her darling" He did not
know that Smith had any enemies.
Mrs Eliza Smith, the mother OF the dead man, testi-
fed that she had seldom visited her except in
of sickness she did not know that any trouble had
listed between Mr. and Mrs. Smith. Bennett used to
bring Mrs Smith fruit and would read to her when she
sick. The witness had heard her say that he
did not like Bennett and did not wish him to come TO
the house She thought her jealous of him. he
cause he paid Mrs Smith too much attention. Dr..
Sampson testified that he had professionally visited
Mrs. Smith, and described her attacks of hystera.
About 4:15 p. sensation produced by the APP
pearance in Of Covert Bennett and Mrs Smith
Mrs. Smith had been attacked with severe fit Of hys
and prescribed for her. after which her recovery
speedy. Bennett was given seat at the reporters
as though reporting At this point Alexander NJ
BENJAMIN, proprietor of the Clarence Hotel In Clinton
place, this city, testified that in May or June last
young at his hotel for three weeks having
lstered under the of Eastman, which is Benefits
stage name Mr.. Benjamin then asked 30 identify
Eastman, which he Immediately dId by pointing ont
Bennett. Mr.. Benjamin further testified that Eastman
had brought young lady there whom he represented
TO be his sister, but when Mrs Smith pointed ont
and the witness ASKED che was the person, he failed
60 identify her.
Mrs. Smith was then called, when Mr. Wakeman, her
counsel. interpOsed long objection 10 her being re-
qured to testify on the ground that she had already
been arratgned before one magistrate. MT Wakeman
read the following paper which had been signed by Mrs
Smith " arrested and imprisoned in the city
prison Of Jersey City the ID day OF August 1873
and on the 4th Of the same month was taken before
was sted the suspicion that had murdered r.
II. Smith, and asked me II / was guilty or not
guilty. l replied that / was not guilty,
whereupOn / remanded into close custody,
where have remained since that date For the reason
that have been examined this charge before
advice OF counsel am Informed that am held upon
the sworn complaint OF Officer McOrney, suspicion OF
having murdered r. H. Smith, and for this reason de-
cline questions by advice or counsel, be-
declared before Justice Davis that not guilty OF
the offence charged. Mrs. JENNIE X. SMITH,"
Mrs Smith was then placed upon the stand, but she
refused TO answer any questions whatever except in
gard to her name aud residence. The prosecution had
intended call Bennett at this point but did not do so
same course II is probable, however that Bennett VIII
be placed upon the stand before the close OF the inquest
Mr. Wakeman privately stated that he would have
allowed Mrs. Smith TO testify had not Mr. McGil told
eating her. she would be held the affidavit of Officer
McHOrney. Several other witnesses were examined
without ecIting anything which throws light on the
inquiry. The inquest will be continued on Monday.