The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-23
JERSEY CITY'S TRAGEDY.
LAWYERS Talk ron MRS SMITH And
COTERT ID. BENNETT.
Tne Message from her Sister that, u IL Said,
Broke the Accused Woman Down-Mrs.

The Message from her sister that, u IL Said.
Broke the Accused Woman Down-Mrs.
Smith In Tears In tho Court Room.
As tho trial Of Mrs. Jennie r. Smith and
Covert ID. Bennett approaches its termination
tho throngs in and about tho court room arc
daily augmented. Many Of those who wcro
present yesterday camo from this city and
Brooklyn. In tho majority Of instances they
brought their lunch baskets with them. Tho
women were especially numerous, and with
view to providing for their greater accommo-
dalton. Sheriff Toffey reserved the gallery for
them. They did not seem, however to Hppre-
ciato this. and It was only with tho greatest diff
lculty that they could b. persuaded to tako Dos
session OF their now quarters.
Mrs Smith received message from her sis-
ter. Mrs. Watson. on Wednesday night, 20 tho
effect that after what had transpred In court
they should forever DO strangers to each other.
When this was conveyed to her Mrs. Smith was
completely overcome. and she sank helpless
into chair. Jailer Allen says that she broke
down completely. and spent the greater portion
OF the night in tears. On being brought into
court Yesterday. the traces OF her suffering
were clearly visible in her face She sat silent
and motionless. md her face bore an express
sion oi agony. Bennett walked to his seat ut
the side Of his counsel, Mr.. Hoffman. and con-
vorsed freely and in cheerful tone with him.
As soon as tho court convened. Mr.. Collins. tho
junior counsel for Mrs. Smith. opened the sum
ming up for the defendants. He said: No
Zee, no reward, no compensation however
haustion and trouble both mental and physi-
cal that ! have suffered in this trinl. 1 was
ordered by the Court TO defend this iriendless
woman. and and my colleagues have devoted
not only whatever ability and learning We pos
scssed, hut one of us. Mr. Fleming. has expend-
cd his money like water In the defence Of
these defendants. The crime for which Jennie
H. Smith and Covert u. Bennett are indicted is
murder in the first degree. and they are to be
either acquitted or convicted. II your verdict
should be against them. as | hope aud trust II
will not be-. the sentence that will be- imposed on
them is certain and inevitable 1t Is the sentence
After reviewing the history Of tho case. Mr.
the State IL manifestly ridiculous. The Prose-
cutor had claimed that the murder was COM
mitted by the defendants that they might live
live on air And II not, how could they sup
port themselves and provide the means OF sus-
except a house from which he derived no
rent, and Mrs. Smith WINS certainly destitute.
GENTLY astute to plan and execute the murder.
and at the same time so idiOtc Ms TO voluntarily
give up comfortable home by killing her hus-
for Bennett. although the evidence showed that
In the lifetime Of her husband that love was not
As for bennett" Mr.. Collins said. his de-
fence is not an allbi But his defence is that he
did not commit the crime. and was not con-
ccrnod in IT, His movements during the night
Of the murder have been related as mere incl
dents"
i" In conclusion" said Mr.. Collins. "let me- In
imagination. 40 with you into tho jury room.
You all agree that n murder was done. Mrs.
Smith was present at the time. That fact re-
qures AN explanation from her. She gives her
explanation. She says she was chloroformed.
The physicians say II is possible. But you say
that she may not have been chloroformed.
When You admit that element OF doubt you are
bound TO acquit. 1 defy conviction when you
get to may be- She" lowering his voice. and
pointing TO Mrs. Smith. who sat sobbing in her
chair. she Is your sister and you are her
brothers, and leave her To your care"
EN-Judge William T. Hoffman then addressed
the jury in behalf OF Bennett He recaptulated
the points made by Mr. Collins. and advanced
the theory that officer Smith was probably muir
dered by some man who desired 10 obtain his
(Smith'sl position on the police force.
AT o'clock the court adjourned, and to-day
Mr.. Winfield will close for the defence. Attor-
noy- General stockton will conclude the sum
ming for the ktute