The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-06-15
PRESENTING THE WRITE
Susige Kaspr's Resaa-hs About the Trial OF
Nrs. saith aud Covert Benneft.

Tho writ OF error obtained In the case OF
Mrs. jennie II. Smith and Covert d. Bennett
WINS presented yesterday in the Hudson County
Court Of Oyer and 1ermiher IN Jersey City.
Mr.. james Fleming. after presenting tho writ.
said In prcsei ting this writ OF error for
maly to the Court tho counsel for the defence
desire to say that they have not been party to.
or sanctioned In the slightest degree. the news
paper attacks on this Court. aud the adminis-
tratlon OF justice in Now Jersey. The counsel
for the defence determined to present the case
to tho Court Of Errors and Appeals. and steps
to that end wcro taken Immediately after SEM
tenee. The expense would nave been borne by
US. as all the cost Of the defence has been here
tofore betrayed by counsel. had not kind
hearted people come generously forward and
furnished all tho money needed. We
thank ali those who have given and
all those who desired to give. but have been de-
priyod OF that privilege. And to His Honor
Judge Knapp we desire specially to say that we
believe his course was dictated solely by what
be considered to be his duty aud no ,unculled
for. unjust reflections on him have shaken or
can shake or qualify our respect for him rs an
upright Judge. or our affections for him as n
man. II there were errors committed In tho
late trial. as we believe thoro WERE this great
writ under the seal Of our beloved State will
search for them. and the court above viii reettiy
Judge Knapp stretched tho powers OF his high
office to aid u.s. nnd We do not doubt that no ono
viii rejoice more than ho II wrong has been
Judge Knapp. who WINS yisibly affected By
onds. and then replied: The law requires the
Court on the presentation OF this error. which
now by statute Ia made writ OF right in homt-
eide cases to annex thereto a record OF the pros
eeedings here and return them with the writ to
the court out Of which 1t issued. This IL not n
matter Of discretion; II Ia OF course. and such
return will be made rs a proper form is drawn
upon the writ and the record prepared. am
not insensihlc to the expressions Of confidence
and regard which counsel has been plpuap0 to
make i AIN not informed OF tho extent to
which the adverse criticism on the proceedings
OF this Court in the Into trial and tho udmtnis-
tratOn OF justice in New Jersey alluded TO- By
counsel. has gone. 1t is and has been my habit.
In OrdertO avoid impression and influence from
Legitimate sources in ali mattors calling for
judicial action, to avoid reading newspnper ar
ticles bearing upon matters In which must net.
l have only Information coming from casual
remarks Of others, and have fnr too much re-
spect for and confidence in counsel who were
Of whom were there by assignment OF tho
Court. TO believe for ono moment that
they could engage in anything to reileel upon
the integrity OF our courts. or disparage the add
minstration OF Justice in our State. Those OF
US who sat upon the bench in the trial OF this
causetried to perform our duty conscientiousy,
ana tho jury composed OF earnest men, pos
sessinc diligence and unquestiopable integ.
rity, carefully and consccntiously met and
performed the delicate and responsible duty
that the law devolved upon them: II errors
and we make no claim TO infalibllity. we have
under our system courts for their correction,
proper aid from this Court to facilitate them in
obtaining review OF the proceedings. shall
direct the. Prosecutor to prepare the return
forthwith"
Judges Knapp and Garretson and Prosecutor
McGill then retired TO chambers and drew up
and signed the return and annexed the record
to IT,
The writ. together with the return. will be
presented TO the Court Of Errors and Appeals
on Tuesday next when II rs expected that an
application will be made for a postponement OF
tho consideration OF the case until tho following
term. Stenographer Nugent. who Is busily en-
gagged in transcriDing the testimony. will finish
his task on Monday morning. IL will require
nearly n week to print the testimony Tho eX-
ceptions cannot DO argued before next week.
Tho prisoners are elated at the prospect OF a
now trial. but they refuse 10 see any one except
their counsel and DR.. Rice.