The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-22
THE JERSEY CITY MURDER.
THE TESTIMONY rs CONCLUDED md
IIiE SUMMTNG UP BEGUM
A Constable Testines that Mrs. Smith Said
Her Explanation of Hcnnetts Letter was
Not True Contradictions In Testimony.

A Constable Testincs that Mrs. smith Said
Her Explanation of Hcnnetrs Letter was
Not True Contradictions In Testimony.
AT the opening of the Hudson County
Court Of Oyer and Terminer in Jersey City. yes
torday, Judge Knapp announced that he was
prepared to hear argument on the question
raised just before adjournment on Tuesday
afternoon as to the right Of the State to compel
Mr., Fleming to disclose on cross-examination.
the nature OF certain Information that he re-
ccivcd from his client Bennett and which In
duced him to search the shelf in the cellar Of
Officer Smith house where he found the frag-
mcnts OF letter
MIR. stockton argued TINT this was not privl-
legged communication 10 Mr.. Fleming. since he
tNIr Floming) had volunteered his testimony.
and 80 was estopped from pleading that the
information was confidential II was arranged
that Mr.. Fleming should take the stand and use
his judgment rs to pleading his privilege. sub
iect to the order Of the Court To the very first
question as to what Bennett said that induced
him Nlr. Flcminel to search the cellar, how
ever all the counsel for the defence objected.
and Mr.. Fleming pleaded his privilege Mr..
| Fleming was then dismissed as n witness.
Ferdinand w. Ilofec. the manager Of the
Bowery Theatre. from whom De Gez. the young
man who testified that he saw Bennett in the
Atlantic Garden at II o'clock on the night Of the
murder. swore that he obtained pass for the
theatre. testified that he dIofclc) did not know
| De Ge2. and did not give him any such pass rs
had been described. The box office was closed
at O'Clock. and De Gezc could not have procured
| a pass there at 10 o'clock
William b. Murray. the Prompter in the Bow
cry Theatre, whom De Gee swore he was con
versing with when he saw Bennett testified that
| he Ind no knowledge Of any such person as
| John /. De Gez or }. I. Thomas, which was the
| stage name Of De Gcz
| Jacob c. Lowery cigar dealer in Pacific
| avenue swore that he knew Bennett we'll aud
| had sold him cigarettes several times, and had
| seen Bennett smoke two or three times.
Martin J. Cummings. the dry goods poddler,
who recogniHei Bennett as one OF the, passtn-
| ferry on the night OF July 81. said that Bennett
| stood un the rear platform. smoking cigarette.
| Bennett testified that he never smoked.
| Police Officer John }. Irving testified that he
| discovered small phial on the shelf in the
! ceiling Of the cellar u Smiths house at about
| O'Clock oi! the morning oi the murder, and De-
| tcctive O'Ncil. who hell lamp while Irving
| Both said that the l. ttle that Foreman Welsh Of
| tho Coroner's Jury had testified that he
| found on tho washtub resembled the phial.
Charles koebe. one Of the constables, then
-" Did yau carry message from Mrs. Smith to
| Mrs Watson on Monday last" asked Mr. Me-
u did" the witness hesltatlngly answered
| while tho defendants counsel leaned eagerly
otWiaru ipr punrsi, 20 cich h Thnt AZ a n9 m Is was
noon Mrs. Smith said she wished TO see me-
, INV nsS,u Ih & o3 cIinu w 70 1er cei. Wrht up
NJ S';,h ,pI @ uist"ssu % hiS NJ ptNVs,,rt NV
~ Sn,d ~ ,ai ~ 80, ~, " -, .p ~ t sUl, w, ~ ~
hn,rI oh,, ~ a. 80 80 ~ ~, " M H. stIo @
, nG, "a euvu b ~ .h0 Jog ,JttJi, - tme ~
!, P har "iD, ~ & ~ :, =, ~, H sh sf1In sf1In ~ y,
I'll ~ H. M ne, ,o & NJ & &V' az IT, uia "a i n9
S t Us .s, ,hat s6a ho ,ni az no ~ u, iS NV w. @
| ion n ''"' '''' nav ~ 'A"No '""' Np''"N-
| "Juf "Juf,Wor W rooass prosocrto, NcGU ho,,o, s,,,,
mini, mn for ne Stste Gentamesn PUN IN
| ury1, H. s9id we have noeriv rno"bed ,ho ,thpo
| concusion of tho most innrr,ani AMI sine,,,iar ?
cnso that has ever been tried ia IL "a1,fv
| r.~s . d,t' ,,,es'i IN -, =. - - =.
| Richard II. Smith. What couli have bccn their
motive? The motive was partially guessed 10y
the state. and was aitorward conceded by, the
! defendants. They admitted thclr unhQiy love
examples which show that such motive has
! been SUM 'cnt for tie preparation oi the most
| stup"nl lous crimes
Nh. McGlll then spoke o! the letter oi Bon
| nett TO Mrs, SWith. ana explained ~ nccol ilhg