The New York herald., 1879-08-28
MRS. SMITH AND "COvE" BENNETT.

THEIR COUNSEL CLAIM 10 HAVE DISCOVERED
NEW EVIDENCE FOR THE APPROACHING
TRIAL
The September term OF the Hudson county IN. J.)
courts opens Tuesday next in Jersey City. aud It
Is expected that the first business Of the Court will
be to appoint day for the trial Of Mrs. Jennie
r. Smith and Covert d. Bennett for the murder OF
Police officer Richard Harrison Smith, Mrs. Smiths
husband. On Tuesday. the day for the opening OF
the Court Mrs. Smith will have been just one year
in the County JAIL Her years imprisonment has
made but little change in her appearance and during
that time she has made many friends among the To-
males confined in the place. Bennett. the contrary
seems to have devoted himself to making enemies
While confined in the witness room he incurred tho
dislike of several OF the prisoners confined in tho
Same ward on civil charges. 80 that after the last
trial very few would speak to him. Since his recent
removal from the witness to tine
cell on tho ground Aoor he has admitted
several in to him and converscd freely
with them, although giving them to under
stand that II not every one with whom he
would converse. because his experience In the Jail
had taught him to distrust everybody. Mrs. Smith
has not been moved from her quarters in the wit
ness room, where she WAS placed alter her convic-
ton. She is fed from Jaier Aliens private table,
rs is also Bennett. The latter said to gentleman
who visited him few days ago that his appetite
was good and that he enjoyed n good eight hours'
sleep every night.
Tho counsel for the prisoners very reticent a.
TO what they will do when the " called for trial.
Several of them still out OF town. but those that
q HERALD reporter has been able to ind say that
while they arc prepared to 60 with tho case ~
as Court opens. they have not yet decided
whether to have the accused tried jointly before
or separately. Counsel intimate that they have new
evidence but tho nature OF II will be revealed
until the trial Is begun. The counsel who will con-
duct the defence are ex-senator w. q. II. Winfield,
exJudge willisn r. Hoffman. Gilbert Collins. james
Fleming and ex-Corporaton Attorney W. r Doug
lass. The latter gentleman has visited the prison
three aud four times week, and with the exception
OF Rev. DR.. y. M Rice has been their only Regular
visitor.
District Attorney Alexander 4. McGill says that no
Is ready to proceed with the for the State at any
time, but he does know what engagements Attor-
ney Geperal stockton may have which Will prevent
the case from being tried in the early part of tho
term. Mr. McGill also claims TO have new evidence.
some OF which he says is Important He will be ns-
sisted In the trial by Attorney General stockton and
John Y. johnson. OF Trenton.
DEAD MANS PROPERTY.
The day Oficer Smith cruelty butchered he
was to have received his months salary, and this
amount IL still in the hands of tine police. creditor
had filed with City Clerk Scott what purported TO be
power OF attorney to receive Smiths warrant. but
II was not made out in legal form and the man did
not receive tho warrant. Chief Murphy consulted
Corporation Counsel Albeit to what disposition
should be made Of the money, and counsel
said the money could not be touched until an adj
ministrator of the dead mans effects had been Ap-
pointed. 1t liz usual when officer dies In Jersey
Csty for the other officers Of the department TO