The New York herald., 1879-07-08
MRS. SMITH AND "COvE" BENNETT.

WAS THE VICTIM SLAIN By HIS BRoTHER?-
EVIDENCE DISCOVERED WHICH MAY HELP
THE PRISONERS
As the time draws near for hearing in tho Su.
prcme Court on the exceptions taken by counsel for
the defence during the trial OF Mrs. Jennie II. Smith
and Covert d. Bennett the interest in the fate of the
condemned couple begins to revive The writ OF
error obtained by counsel will be called mp in the
Supreme Court at Trenton to-day or tomorrow. and
Senator Winfield. In conversation with HERALD re-
porter, indicated that victory in the Supreme
Court without recourse to the Court Of Err
rors was not unlikely. Since the conviction
and sentence Of Mrs. Smith and Bennett the popu-
lar feeling, which was at one time strong againss
them. has undergone considerable change. and now
the feeling is moro of sympathy for the couple.
Recently old theory. spoken OF ut the time Of tho
tragedy has been revived and in many places excites
astonishment that IL not spoken Of at the
time of the trial. During the excitement Immediately
after the murder many theories were advanced and
that Isaac Smith. younger brother of
tho murdered officer. had long been on
bad terms with Harry. The trouble
told by legal gentleman and former
counsel to tho city, originated after Mrs. Mary
Smith. the officers first wife. obtained divorce
from him. short time after .he divorce had been
granted Harry married Jennie Wooley. and few
months later his divorced wife married his brother
Isaac After the latters marriage, 1t is said he had
frequent quarrels with Harry and there was always
bad blood between thom. During Mrs. Smiths OK
animation at the trial counsel for the defence en-
deavored to lay this matter before the jury. Mrs.
Smiths testimony that matter, as taken from the
stenographers notes, was ~ follows:-
G. werc your husband aud his brother Isaac friendly
a. What wero the relations bctwccn thernr A. bo-
cved they both dislike each other husband used TO
threaten me II would speak to either MIN or MS WHO
q Threaten you whatf A. Say hc would knock my head
o. II YOU spoke to Isaac or his wifes A. Yes
O. Do you know of fights they havo had togctherf
O. DO Won smcw Of any aghts A. I know my husband
homo night and he said Isaac had been
trying to get the railroad with his brother John and he
said no would keep him from that position: asked him
him. no said Ike had said he going
and said he had kept Ike from getting tho road
asked him how he had done
The Court--IIow Is this compctentY
Mr. Winfield replied that he thought the relations
bot wccn the deceased such Justify
him in laying them before the jury aud hc thought that
on the Isaac than there this OF tho
Judge Knapp sad they mere not trying Isaac
Tho position referred to In the testimony the legal
gentleman mentioned to above informed the HERALD
reporter yesterday was clerkship in the Central
Railroad Office, under H. r. baldwin, at n salary of
81 400 per annum Isaac had been In prison,
and his brother Harry, 1t is alleged, prevented him
I from obtaining the position by making that fact
known to Isaacs employer. The same gentleman also
said that Harry had frequently quarrclled with Isaac,
and he had hoard of him once having cowhided hie
brother for remarking in presence of Jennie "rhere
goes Dicks -"
when the first trial was begun on Monday, Febru-
airy 10, Isaac expected to be called as Witness
| On Wednesday, February IL, he died suddenly aud
was buried on the i4th at New brunswick.
The above stories are at present very generally dis
cussed, and should new trial be granted this evi.
| dcnce will, II Is said, be produced.