New-York tribune., 1879-05-20
Defending HER OWN LIFE.
MRS SMITH EXAMINED IN COURT.
SHE DESCRIBES WHAT HAPPENED ON THE NIGHT OF
THE MURDER, AND ADMITS THAT SHE RECEIVED
TIE LETTER IRON BENNETT


SHE DESCRIBES WHAT HAPPENED ON THE NIGHT OF
THE MURDER, AND ADMITS THAT SHE RECEIVED
THE LETTER FROM BENNETT.
Although the testimony at the Smith muir
der trial IN jersey City yesterday unusually inter
esting 1t dragged slowly enough during the morning
session when several witnesses called 10 contra
dict statements made by the witnesses Tor the
state. Hector Mckenzie, of Jersey City, testlted
that he had conversation with the witness Cummings
soon after the latter had identified Bennett as the man
he had seen street going toward Smiths house
the night Of the murder. During this conversation
Cummings had said; "I cannot swear that the man |
saw on the car was Bennett, but he looked
like him." The court stenographer was put on
the stand and read from his notes to show that
Officer Ban0elds testimony in the present trial differed
materially from his testimony in February last O1cer
Baufeld had sworn TO seeing a strange man coming
from the direction Of Smiths house about O'Clock on
the morning when Officer Smith found dead in bed
photograph which had been found in Benefits trunk
and which was claimed by the police to be picture OF
Mrs. Smith, was proved TO be picture of Mrs Mckee
Rankin the actress MessTs. Wakeman and FlemminR OF
the prisoners counsel then took the stand and testified
the finding OF fragments OF letter on the shef
made " the ceiling of the cellar" IN smiths mouse
This was understood TO be explanation o. that pOr-
ton OF Benefits letter to Mrs. Smith In which mention
is made OF her putting something on TINS smell. Ine
prosecution had already endeavored TO prove that
bottle containing choroform had been found on thls
reply 10 question as 70 what had become OF these
fragments Of letter. Mr.. Fiemming SAID that he had
taken them his Office but he had since been unable 10
Drs l. M ouimby and Amos G.. Avery werc called to
that the effect OF hysterc fits, such as Mrs smith
had before the murder, TO weaken the patient
Thev gave their Oplnion that Mrs Smith could have
participated in the murder, because the excitement
would have thrown her into state OF unconsciousness
DR. DUMMY described the effects of chlorOfOrm upon
sleeping persons similar to those described 6y Mrs
Smith on the day after the murder Of her husband The
counsel for the defence then began to introduce some
] tO slO and
in the vault Smiths house. did not have any Oood
said the State admitted what the counsel were
seeking 10 prove. Some testimony was then introduced
show that did rain the night Of the murder
| until after midnight.
MRS. SMITHS TESTIMONY.
Somewhat late in the afternoon Mr. Winfield called
the name of Mrs Jennie r. Smith, and lutter of ex-
pectancy pervaded the Courtroom. The impression
that Mrs. Smith would not bo a witness had been com
mon among the spectators at the trial and the calling
of her name caused much surprise she walked quietly
into the winessbox. and raised the heavy Grape ven
which had shrouded her features hitherto Her face
was pale and her eyelids had languid appearance
She perfectly seli-pOssessed and spoke In a low
tone Keeping her voice well under control In
TO Mr.. Wiuields questions she narrated the chief
events of her married life, dwelling on the many
husbands inability to procure permanent employment
and her efforts to their support. She had
had one child which diedn It's infancy Her acguant-
ance with Bennett she said, began when she and her
husband lived IN Benefits house. AT her husbands
request Bennett sometimes attended her when she was
sick. When she and her husband removed TO the house
where the murder committed, Bennett visited her
there He was never on bad terms with ner husband so
far she knew She went TO the theatre with Bennett
once with her husbands permission.
Smith then described the at her house
the night of the murder Before going 10 sleep that
night she said she kissed her husband aud hesrd him
breathing as II asleep She awOke ABOUT O'CLOCK ana
got drink of water; Some time later in the
one Of her limbs. but she was unable to rise.
! she felt something pass over her mouth and
She had an ndistinct recollection OF two heavy
tuds the bed beside her, and then she lost conscious
OF cold which seemed pervade her body. Something
was pressing against her side but she could not
tie dog running across her body and Hex
ing her, face There, wSs something on
raised her hand and pulled off cloth which
mao bac o her e i mS in he'd and a aS
body OF her husband lying by her side Blood was
the blood made her Wild. She screamed and sprang
from the bed, but she was so weak that she could
but she could not undo the fastenings Then she went
up stairs to call Mr.. McGregOr. OF the subsequent
Mr. Winheld-MTs. Smith, do you know who muir
dered your husbaudf
Mr. wmfeld-Dld yon Xiii Hint
Alter Mrs smith had made some further statement.
about her conduct subsequent to the murder Attorney
General stGckoG DesaR ine Gioss-eXaninaloh @ M ~, ne
head, If she knew that he was dead when she
went to call Mr McGregor. and If she did not know he
dead why she did not take the pillow on his head
and try to give him AID Mrs smith replied that che
same when asked other questions regarding her
conduct during that day. AT length the letter which
Bennett had written to her In the Jail
placed before her. and the AttorncyGCneIal asked:
Did you recognize that leterP' There breath
less silence the courtroom while she examined the
letter and prepared to reply. Her answer sur
prise to most persons i'll the She said she had
ceved the letter from Mr. Bennett, and had afterward
thrown 1t away. she tGeu asked TO explain
eral of the passages which contained protesa-
tons of love, and the offer Ben
If her life placed in danger. She replied that
cha / npt know VI al
turned the same answer when asked what was meant 10y
the sentences sorry that did that wrong. /
should have got You in other manner" Here
after we VIII ne be separated dearest, and we will
be our own masters" and God requires sacrifice
earthly punishment"
The Court adjourned this evidence con-
cluded the session having been extended an hour to
complete IT, 1t Is expected that Bennett will be heard
to-day.