The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-02-04
BENNETT AND MRS. SMITH.
ARRII0NED FOR THE KILLING OF MRS.
SMITHS husband

Challenging the Entire Jury ut the Outset-A
Juror said to have been Excluded on Ac-
count of Hostility to Capital Punishm~nt.
The trial Of Jennie r. Smith and Covert y.
Bennett for tho killing Of Police Officer Richard
H. Smith. the husband OF the former was called
IN the Hudson County Court in Jersey City yes
terday and almost Immediately adjourned
The dingy court room. the same in which
Preacher VosburRh was tried. must have been
crowded II II had been twice rs ample aus IL IT,
As II was II WINS packed TO sulrocation. Judg"
Knapp presided. two associate Judges sitting ut
his right hand. Below. within the bar. sur
rounding large round table. sat the lawyers
for both sides-District Attorney McGill and
Attorney General stockton for the State. and
ex-senator Charles II. Winfield. James Fleming.
and f. D. b. Wakemun for the defendants.
At the timo Of the opening OF the court. Mr..
Winfield and his associates had not entered.
Attorney General stockton. that familiar figure
In all New Jersey State trials. sat at the table
alone. stroking his long gray moustache. Chief
Nathan. the head Of the Jersey CITY police. sat
near him. arrayed in blue and trimmed with
his full complement OF brass buttons his small
bald head and shrewd black eyes presenting a
contrast to the ample capital proportions and
weary but genial vision OF Mr.. Stockton. NJ any
women occupied the front seats In the body Of
the court room.
At l0h Mr. Winfield and his associates en-
tered. and an antlcipatory buzz arose ms these
seated themselves with the Attorney General ut
the round table. Almost Immediately Judge
Knapp was heard saying something that was
all nut tnaudible, concern ing the indictment Of
Jennie Smith and Covert Bennett A hush fell
over the court room. and the Judge, continuing.
trS N nG s%e w9S bH S TO 1sEn
Then, rs the impatient eyes Of his Honor
sought the face Of MIR. Winfield. that lawyer.
prom nent In the defence in the Noshurgh trnl
arose. and displaying paper which he held in
bis hand, requested that the defendants should
thing that he required them to sign. II Honor
interrogated counsel with glance. and directed
that the prisoners SHOULD he brought In; II q
BEsnnett and Mrs. smith, who were con.
near together. Both prisoners were extremely
pale. hut looked. otherwise in good health.
Bennett wore new suit OF black, OF q iasnion-
Glad completely in black. A small and shapely
bonnet was perchei on her head. a veil over
hung her face and dropped to her feet almost.
but through II her features were plainly seen
Saving her extreme palcness she did not seem
to have suffered from her imprsoun,ent She
was plump: her lips were rod and her eyes
were bright Mr.. Winfield handed her the paper
that be had held. and. barely glancng ut 4. she
auhched % II her signature. Bennett next took
of his right glove and signed the paper. Then
lows:
TRs Stiis J,rnis Smith and Orsrf y Benn,n And
now ON this day. 10 wit the 81 day of February. u
lefv. came The aforesaid Jennie Smith and Covert u
bcnneu ~ their proper persons aud the Jurors mpan
eled aud demand tie challenge the array the pane
81 the list of jurors served them. because theN
that the said panel the the Jury delivered To-
them in this not selected from the general pano
Or M " Jurors by the sherf other proper officer and
THIS they ready To- verify, wherefore they ludg
msnt and that the said panel or list NAV be granted
JENStE X SWIM,
COvKKT h BESNErT.
The defendants lawyer. having read. ex-
planned that tn" jury had been drawn not by tho
Sheriff in the usual form. but by constabl.s and
other persons who had no authority. He had
understood. he said. that on OF the general
panel who was believed TO be opposed to capi-
tai punishment had been des gnedy left on
He asked for the drawing OF Il new panel in the
Regular form.
In answer. the District Attorney. explaining
that he had supposed the jury was regularly
drawn made no objection to Mr.. Winhrld's
proposal. and his Honor. directing that jury
should meantime be properly drawn from the
whole panel Of eighty selected as possible ju-
rors at the beginn ng Of the term adjourned
the trial until Monday next