The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-07-27
NEW YORK HERALD SUNDAY a. 1s7s-oUADRUPLE

Jailor. said she was completely overcome when the
news OF the new trial was brought and tainted away
When they revived her and she realized the entire
effect OF the decision she transported with Joy.
Bennett refused to any He retains the same
reticent merose manner which has characterized his
conduct ever since his confinement IN the jail. He
received the intelligence OF the trial. though it
was said, with good deal OF pleasure. and warmly
congratulated his counsel the success that has
attended their persistent efforts.
WHAT THE LAWYERS
Tho announcement of the granting of new trial
was made known in Jersey City early in the after
noon and created considerable talk Counsel
gagged on either side OF the in eager de-
mand, and several of them, finding the labor OF
answering questions more than they could bear after
the work and excitement of the morning in Tren-
almost Universal '1 feeling among t beh people
was of satisfaction. Every body seemed
pleased that the condemned prisoners had another
chance for their lives Even among the seyerest up
holders OF the unsued and rigid Jersey law there
was sense OF relief. which was favorable to the
prisoners. These latter thought it better that
other trial should be granted and that the
cused should escape than that two people should be
sacrificed unjustly to public opinion or hasty legal
decision. Fair play was the groundwork of all con
versaion. and the Lext trial WILL it is expected be
one that no exception can be taken to.
One of Mrs. Smiths counsel said:-'We have got
new trial and we feel like throwing hats up in
the air. We worked hard for il. but what that
amount to when success is the end of the struggle?
We have no doubt now of the result We will show
the world an innocent. suffering. much wIongcd
woman. We have had new evidence brought us. We
have worked up more. and we are thoroughly pre-
pared for magnificent contest. We entirely un-
derstand the magnitude or our undertake
ing and the ability and knowledge opposed
to us; but there is might in right that Is all power
ful. The case will probably lie tried n September.
but Mrs. Smith will be removed from here in a day
or two. ! soc no reason now why all her friends
may not be allowed to see her. We have been I'M
perativc up this because of the dilic and
pecuaries of the case. but now think she may be
allowed little recreation and it will be great
joyment to her to see her friends.
District Attorney McGill was greatly surprised at
the decision reversing the conviction He said that
he did not think the counsel for the defence expected
victory He thought Judge Knapps charge
just one and he telt very indignant the abuse
which he said had been heapel upon him boo il.
Mr.. McGill thought that counsel might take advan-
tage of their privilege under the law and have
foreign jury-that Is. jury composed OF residents
OF another county-to try the in September. He
did not think that he would lave any trouble
in getting his witnesses. There were q number
that he would not now have use for. and there
a few who had never been called that he will have to
get. He said that he had some new testimony, and
expected to be able to get even more before the day
of the trial. He thought that counsel for the de-
fence would otter objection to speedy trial, and
he felt confident Of as prompt conviction before