The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-02-11
OFFICER SMITHS MURDER.
THE UIDOW IND HER ILLEGED LOTER
on TRIIL IN JERSEY CITY.
The state Giving "a Hint OF Newly Pound Evil
dcnce-A Dramatic story that - witness
Told Noiuntnriiy-Mrs. smiths Conduct.

hour OF opening. the body Of the limited court
room and half tho space within tho bar wcro
packed with rs many spectators as the great
ingenuity OF the painstnking u-hcrs could mako
them hold Those within tho bar wero nearly all
women. Thoy madc n brilliant parterre on
the right OF the bench. and sat facing tho
| empty iury-chairs ana the two tablefus Of law
yers in the case Those without tho bar wero
mostly men. although the sombre masculine
area was Frightened by spot Of millinery
here and there. Judge Knapp. his severe faco
and eye tempered ly amorning buoyancy. sat
upon the bench. At the stroke Of 10 he nodded
| to the amiablc crier md the court was opened.
Tho whoc general panel Of Jurors was pres
Gpt. and n panel for the especial case wn~ drawn
| With celebrity. Neither side went To- ;hc limit of
/ It's permitted challenges. which is twenty or
| the SECOND who came up to be- sworn District
| Attorney NcGil asked: Are you conscicn-
tiously opposed to capital punishmcnt2' No.
sir" WIS the prompt answer and tho juror.
| james Daniels. was accepted. within nn hour
| tho panel was complete. and tho defendants
! were brought ia by two OF the unicr-sheril4.
! Both were dressed and appeared rs when for
| few minutes they were in the court last Mon
day Mrs Smith looked in perfect health. save
| that her face was without oven trace o; color.
| That her eyes were bright could be seen
readily through tho thin black veil that
/ uepcntcd from nef Trim bonnet. anu lcll llSUti1
to hor waist. Her thin. regular features archcd
| brows full checks. aud curling brown hair.
wore prcttily tempered and shaded rather than
| concealed by this veil. and her fnco looked very
comcly. as was her figure plump and graceful.
| Bennett was dressed in fashiOnably cut dark
| clothes. and wore black kid gloves. He. too
was without trace OF color His face. which
| IS delicate and almost handsome. was smoothly
shavcn. and his curling brown hair was scrupu-
| lousy arranged. He kept his eyes cast down.
30 that the wnxcn lids frequently seemed quite
| shut over them. The bearing oi both during
| the dny was modest and without nfectaiion.
His Honor askcd the counsel for the State TO
| proceed. md the District Attorney. rising.
| simply and clearly and briefly outlined hs side
| ~ tho cnse ~ tho jury. II would be
| proven 10y the state that Mrs. Smith for years
| had not loved her husband and had di-liked
| hiri: TINT he Ind stintcd her in money matters.
| 81 that she who loved dros, could not obtain It:
| that she loved B"nugtt aud h9 hcr. anl that this
| love WIS intense; that thrY longcd ~ be irrr;
INIT the dritndant bennett. lovlnE the wilc;
| hated Smllh That hc bo:e u Erudge aghlhst
| Smith. and WIS determined on revenge; Tint
love and revenge leagu"d made the motive, and
@ dr"yS , the knit hal tiaei him him t. The hcaf ar
home Tho state would prov" that B'nneit
S9s, Was in "I the ceiar iGT Of Smiths house house
on pdson iaS d wher Se'0E he coaa Srq'f RSaq smith
| nnd his wife convcr-ing in their rooms above; !;
,hai .nsh weight ami 4 earNinS knlle belong
niii,cd had boen found in tho vault on the day
after the murder. e"d that NO other and strange
| implements OF murder had been found that
the kniie was Jus, SUCH = on no Inight have
produced the wounds found IN the murdered
mans body: that Mrs. Smith had pOintet
ont artiully to different persons mattcrs by
which she hoped - divert suspicion from
DER ali ths @ wadows o ana Iln the front HaS5 ao6r
OF III" house had been LEFT olen so AS
to e2rd csGap9 for i9S be-, 9SsaJ,in IN in eese e., he
which had been accustomed 10 sleep in the bot
room hnd been hut Yui n thG parlor that on
the night before the murder Bennett was seen
IN Lafayette Uhe namc OF the section Of the city
in which Smith lNcll. near the housr. and
again was seen near the house n few minutes
nlt r the murder; and that. finally, "a confession
had been mudc in oErySpuuueucc ~ one - the
, uthor since the two defendants had boon con-
D.. Both prisoners regarded tho District Attorney
r nienty. but without emotion while he FORE
! OF suspicion which had led the state to charge
them with murder. There WAS little stir ut
the last allegation concerning tho correspond
cnce. which il is said. consisted in letters from
Bennett 10 Mrs. Smith. These Bennett nirusic Ted
, to "A female servant in til lail. who instead oi
delivering thcm To Mrs smith. carried them 20
| the lawyers iOr the state. Whatever may hh the
truth IN the case il not known more nearly thnn
that. The District Attorney said. IN his men
ton of tho letters TINT nt the then stage OF the
proeoedings he could not IN lustlre g'yc the
, charges. and probably no more Is known IL
Outsiders than lhc hint conveyed.
Levi Post. tho Chief Enginge of yeTsey City
was the first witness called. He and Edlow W
! Harrison. surveyor. testified to the accuracy
of diagrams OF the house at 1873 Pacific avenue
.. in which ihe murder was commi,tcd.
james NlrGrrgQr. who lived IN tho second
. story Of Smiths house. was called noNti he
. young, Intelligent man, and his testimony was
Q unhcsiia'lng. On ne night Of the mrr'
1 himself, ho said in a small room. in tn,
e attic His wife and mother ana bis baby s!cp
In the story below. He retired at III o'clock. unt
A was awakencd 10y hearing calls ON the stairs
He heard the voices OF his mother and Mrs
smith. Drawing on his trousers hew"nt down
aud found his mother stand lng ON thr landing
aud Mrs. Smith standing half why down III
nisht leading 20 her qYn ilo9nr Thlfb was was ~ ~
inst. Mrs. Smith said; He's Killed; hci
killed; man did IT,
As She was spying this the two went down IN,
L stairs. across tho hall. through Mrs. Smith
II parior aud into the bedroom. There Mr. Smitl
70 lay on the bed; his body was covered 10y "A quit
his head hy n pillow. One arm hung out. an,
70 his feet proiruded beyond the edge Of tho quit
., Witness noticed blood sHttrrcd over tho close
Smith said TO him that she had walked up ant
o seen man Standing by her. The man gave ho
3. something which seemed wet and iastcd swe,"
10 knew after that WINS that she HwOke and l"t he
n husbands cold body. she did not say what hn'
thHt Smith had that night shut him OH in th'
4 paror because he had ilcas, witness wen
said sS G 10 MIN G@ McGrceSP GnS SPS Sr Gpds & 9 sake
# don't let your wlo como IN here A lami
4 Auu could sno objects by its light DIS
~, tinrty. The witness. as h9 passed into ~
, hall. met his wife. who hQd coma down. lI
:, scnt her back up stairs, and called his moih"
" down 10 sit with Mrs. Smith, lie went then io
i the du'tor and the police. Mrs, Smith, hc said
- wis very litto excited; thrr" WAS oNctomont II
her VOICE but not IN her a ti1n or mnnner. In
l. | dog WAS small black an tan cross, and woul
:. bark nj strangers lln had heard no noise pre-
/, viuusly to being called, und had not heard tn
~ dus bark
~ Mrs Smith rcpentcd several times the eXprcs
:; sion He's kied; he's killed; II man din IT,
a. IIor drrss when she met witness on tho stair
= WINS white above tho waist at toast; hc did no
l. observe of what garments II conas ted; her arm
n, wero bare. lur he fc!t her bare arms against hi
80 NJ they came down the stairs together; and sh
n, | hud no stockings ON.
~, llcra a Ion! iron window sash weight wa
y, | produced and lhr witness shid II WIS similar
~ Inc ON TINT had been used for weght on III
= gate at the house, Whom ho went ont fQr u
do tor he found tho front door uulo 'ked. II
remembered a bottle Ol chluroiorm heing ioun
~ In Tho room. but didut r'memnrr who found d
smith and his wife s'rm'd ~ llYr hupp lY a.
On gethcr. and witness never heard th"m 0unrr'
W except once. and then only Tor lew minute
~ about hrrRkiast,
so Tho cldSs-rAaminntion by Mr.. Fleming WA
tu short, McHr'gor said that Oh thr morning {
" the murder great many strangers were in IN
,t | room Otln tinO ana uuniarr,