The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-17
MRS. SMITH AND BENNETT.
BEGINNING THEIR Defence TO THE
CHARGE or MURDER.
Mr.. FIemIna's Theory of the Kiliing-Nrs.
Smith seized with Mysteries In the Court
Hoom-Trying TO Show nm AIibi for Bennett

Room-TryIng TO Show nm Anbi for Bennett |
Long before 10 o'clock yesterday morning
n largo throng, including many women, assem-
bled around the Hudson County Court House
in Jersey City, and impatenty awaited the
opening OF the court When the constahles
opened the door leading into the Court OF Oyer
and Terminer the spectators rushed into the
room. and struggled desperately for favorable
positions. Men. women. and children continued
TO pour into the court room until every inch OF
spnce was occupied.
Mr.. Fleming ono Of Mrs. Smiths counsel,
| opened tho case for the defence. He said: Tho
| Indictment charges these defendants Jointly with
| the commission OF this murder. II alleges that
they both held the weight when tho blows were
| delivered. and that they both graspcd the Knife
and contributed to the force TINT drove IT on its
| fatal way through the ribs OF Richard II. Smith.
| This OF course is impossible and absurd. but
It is nevertheless tho accusation that is brought
against these defendants. Particular caro- must
be exercised by you in distinguishing and dis
eliminating between those portions of the evil
| dence adluced by tho State that amply to Ben
nett and those that affect Mrs. Smith. Tho
Prosecutor has been very careful not to allude
| to the dond man whenever an allusion TO him
could be avoided Tho dead man. indeed.
hardly comes on the score at ALL and when no
does come he passes or again Immediately like
a spectre The State has not allowed you any
opportunity to discover Smiths character No
| reference has been made TO his career in this
community whore he lived long and was well
known. You have not been told that he was
| man OF dissoluie habits. oi d"uraNv'l asSoclu,
/ tions and that no nabiiualy trcqucnted
gambling saloons and similar places OF vice
on tho evening of July 81 Smith leit his
house Mt o'clock; saving that h, was going To- a
meeting of the Police Board. HIS wife pring
alone, wrapped n comforter around her Shout
dcrs anu threw herself down on the hcu 10
await her husbands return. He came bnck b.
tween lOi, and II o'clock and she went To- bed.
leaving him up reading nnwspnper. between
emerged from the closet-this at least Is oug
theory OF the cnse--nnd moved stcalthiy 20 the
side OF tho bed in which Mrs. smith was lying.
He was tall man. with bulky figure. and
white towel or cloth OF some kind completely
concealed his counienance. lie carried IN ms
the contents Of one Of these bottles he applied
To- the face Of Mrs. Smith and she became I'M
conscious"
Mr. Fleming here produced n bottle Of chic
rofOrm and, after tasting and smelling H.
passed II To Mr. Hoffman. The latter pnt II 10
his mouth. but quickly removed ~ ana peERh
splitting. Mr.. Winnsld seemed 70 enjoy tho
taste and oder. and Mr.. Collins politely declined
TO touch II. Mr. Fleming then rolled new--
paper into the form ofp cornucopia md insert
ed in 1t n handkerchief saturated with chloro-
form. lie explained that that was the way IN
| which chloroform was commonly applied hy
criminals 10 their victims Holding up ihe sas .
weight which. with the knife, had been placed
on a table before him. Mr.. Fleming then re-
sumed his address.
. Here" he said. Y" is the weapon with which
this young weak and sickly woman II nccu-od
OF hat'cring In her husbands hran. and mere,
raising the katie. is the implement with viii h
10 IL asserted 10y the state that her delicate
hands stabbed her husband 10 the heart"
The language and actions Of the speaker ,yisi-
chief with a deep black border from her pocket
, and began 70 sob, On hearing thi- Nr. flem-
ing stopped. and Mr.. Collins. who sat next 20
Mrs Smith raised her long veil and directed "a
constable to bring glass Of winter. Before u"
| loud and hysterical cries ana rocked ha'NWari
2 and forward in her chair. Her counsel gil
gath cred around her and sndenNorei 70 50 tho
| her. Judge Knapp pulled bottle OF suits ilonl
, | his pocket and handed H. together with an nd
i dtional fan. to Mr.. Hoffman. Tho salts revived
o Mrs Smith. and she requested. through Mr.
| Collins permission 10 40 into the open air
r The request was granted. and she was escorted
by Constable Locke down stairs and into the
park adjoining the Court House.
When Mrs Smith. after a few moments. re-
| turned Mr. Fleming continued his speech. He
criticised severely the action OF the police in on
, deavorlng. as h" said. 70 NM Victims rather
| thnn 20 ascertain the truth, md be bnm"d the
prosocution Tor disrrenrdinr and ignorinl
= Bennett and Mrs. smith lie said that Il wns d
% fact a. be- o,tui lishcd hv expert testimony tnH
70 ! "a woman in Mr.. smiths physical condition
4 | would not have been able TO commit tine muir
u | der even IL she possessed tho disposition 60 ii.
@ it,. She lacked not only the requisite strength
10 ofmusclc. but the requisite strength OF VIII.
. The defence 10 b" uterposcd Tor Bennett was
= then briefly outlined. bennett had. II was con
. coded. gone over TO Jersey t,ty on the evening OBJ
u
e and had returned agnlnt ms cliX 10 tlme 70 n.y.
tend the performance OF ncie lon Ohpin.
q in the B0wery Theatre. From there bee went {,
o tho Atlantic Garden Of about IL o'clock. IN,
e. after midnight crossed over the Terry 10 WI
t liamsGureh. and slept that night IN the house %
Il Hhvrmeyer, the confcctoner. in Broadway
n with whom he had boon boarding.
g After recess John Francis De- Gez was cnlle'
4 and sworn for the defence. lie said be Is an
e actor. and that no knew bennett by his lBen
il nettsl stage uame 81 Eastman On the night %
g July 81 he saw Bennett. and spoke 10 him il
=. the Atlantic Garden, adjoining the Bower
@ he rScoliectrd that that was on the 3lst of Iuy
u because 1t was n "Wednesday. and on the Mon
q Miners Theatre in the Bowery, To SEQ Pa
~ iinnrnv NAV and on W.dn,edny ne recollo,te
Il calling on a lady friend and atterwarl going I
g the Bowery Theatre. He added; NV attention
i was also called to the date 10y conversation be
= tween Mr.. Vincent, the theatre manager, an
II some other gentlemen, nj which | was present
10 Mr.. Vincent was talking OF tho terrible temper
n Of some women. and remarked that when h
* was Miss Eytnge's manager sh" .displaye
10 awful temper From that he talked Of the merry
OF Mrs. smith. and alluded to some acto
named Kingsley who was suspected or heiD
implicated IN ne mut,derr oi Vlilcer smith
day Of the week after the murder. and m,
n him aiterward in the oiileo, Of lawyer name
Rowan. ut Church and Barclay streets II
asked me II knew man named Eastman.
It said did. lie then asked me when ] saw hii
y last / said on the night of July 81. hay
> been associated with Bennett on the stage II ttl
y Fifth Avenue Theatre. and have often oiiere
him efa5s ana SWb 6 pst w az sS w aTa;
~ ing this testimony he exchanged irequeI
10 smiles with Bennett. who sat directly in iron
ld of him.
nj Attorney General stockton subjected Mr.. \
~ Gez to n rigorous cross examination. in who
IN tho witness substantially repeated his origini
n What kind Of q night was the night OF Jul
h 81 ?" asked Foreman Dudley.
n, 1t was a warm, sultry, clear night" tho wi
~ ness answered. go
4 What kind Of a day was the next day"
y; Benjamin i. Welsh, n member Of tho Core
4. npr's Jury impaneiled in the Smith inqucS
testified that he had found the bottle Whic
m Coroner Roman said was found on the shcif
n, tho collar. The bottle was not found on III
ed shelf, but on the top Of the stationary tubs
AS the cellar. All the other members of the Cor
re- ncr's jury were called. and although they a
IL Differed as to the hour AT which they examine
or Smiths house they agreed that none Of thel
as found a bottle on the shelf. -Abmham j. Rap
III however swore That he saw Mr.. Welsh take ii
'e, bottle from tho shelf
by Whit" exclaimed Mr.. Winfield. = you sa
". Mr.. Welsh take this bottle from tho shelf in IL
as cellArW
y Yes sir" replied tho witness. Counsel f
ed the defence were mauiiestly surprised. TIL,
e. put thcir heads together in consultation. al