The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-07-18
THE SMITH-BENNETT CASE.

THE )NDEMNED PRISONERS REPkIEVED TILL
AUGUST l5-oPINIoNs OF THE COURT OF
ERRoEs AND APPEALS ON THE MOTION FOR A
NEW TRIAL TO BE DELIVERED JULY 90
MIR. COLLINS ARGUMENT.
Icy TELEGRAPH TO THE HERALD
TRENTON. n. j.. July II. 1872
After strong argument by Mr.. Gilbert Collins in
behalf of the condemned prisoners. Jennie r. Smith
ana Covert d. Bennett. which lasted two hours, the
on writ of error and an application for new
trial in the Court of Errors and Appeals. con-
cluded in this city to-day at noon. The Court then
held brief conference and when the doors were
reopened it announced that a conference
on this particular would be held next
Tuesday forenoon at IL O'Clock and on the following
Saturday opinions in that and all other argued
this tern would be delivered. For time some
people felt surprised at this announcement, because
the Friday before the day which it announced
that opinions would be given the time fixed by
Judge Knapp for the execution of the prisoners. A
lawyer remarked to HERALD reporter. ''Why
cording to that, the decision will be given
day after the hanging" This re-
peated to of the judges by the reporter.
and the former replied "Never mind. that
will be taken Of" Further inquiry developed
that the Governor will grant repMeve to the con-
demned for short time TO allow opportunity for
the delivery of the decision in the This es
tabishes the fact that they will not be hanged on
Friday the o5th inst The awful sentence passed
Oh June 8, and the Governor having the power to
grant reprieve for ninety days from that date the
limit would be until September T. Counsel for
the prisoners believe that new trial will
be granted. On the other side some emf
nent lawyers have given expression to the
belief that there will be no such result that
Bennett will be hanged and the sentence of Mrs.
Smith will be committed. An official in close conf
dence with the Governor told lawyer last evening
that both prisoners will be executed. The able
argument of Mr.. Collins to-day in behalf Of the
prisoners it is thought has made quite favorable
impression the Court. At its close he was
warmly congratulated by number Of legal gentle
men and others.
MR.. COLLINS ARGUMENT.
Mr.. Collins spoke without notes. and at various
times he became eloquent. and in emphatic language
criticised Judge Knapp's charge to the jury. a.
though. he said. it not wilfuily Intentionally
given. .the Judge only having erred" He went
over the same ground that Mr. Winfield had taken
the day before, but in q more elaborate way He
devoted most Of his remarks in reply to the Attor
ney General. recitng all the assignments Of error
citation of numerous authorities. He
tended that according to the record the trial
Hudson county: that there was no power to amend
the record in criminal and that 1t the duty
of counsel for the prisoners to lay this point before
the Court. He insisted that there was q mistrial,
and that this objection was not technical but sub
stantial and mertorious. The record should con-
statement Of the fact that the Juror did be-
come insane. Second. that it should have been
%an became asranssd. Third Il the Court
nnds that the fact has been adjudicated upon,
still 1t is before the Court to be passed upon After
celebrating upon these points he then attended to
tie illegal evidence, contendng that was in error
to admit in evidence certain alleged of i'll
G,it nd has rrst, nd
made respectively seven. four and two years before
the trial. also the improper admission in evidence Of
the letter and the compusion OF Mr. Fleming in dis
closing the secrets OF his clients. the prisoners
JUDGE KkAPP's CHARGE.
Next, Mr. Collins commented on the charge to the
jury at length the speculative theories OF the Judge
not warranted by the testimony. he he Judge) hav-
ing misstated and erred in tho law. He (counsel)
said that Mrs. Smith is . diminutive woman, but
four feet in height is subject to ns, and then de-
scribed in thrilling language the blood spots on her
the bloody marks OF the hand on it and the fatal
| knife. He informed the Court that all Of these
articles were on hand to be shown to them. and
| or suspect that Mrs. Smith had any act. hand or
| part in the bloody deed. The Judge took from the
| jury the power to decide whether the crime was
| murder in the first second degree, which was H.
legal and impropev-in fact. he tthe Judge) decided
| it murder in the first degree-that Mrs. Smith
was guilty of that crime accessory after
| the fact. The good old English principle Is that
guilty, and the French principle is that man pre-
| sumed guilty must exculpate himself. Better that
five guilty men should 60 free than that one inno-
cent man should suffer This is trite maxim.
THEORIES JUDGE IN HIS CHARGE.
Mr.. Collins criticised at length the following theo
| ries of the Judge in his charged
l. That the murderer did not 60 out through the
hole in the closet way, and his assumption that it
| 2. That Smith in the way Of the defendants;
he was dangerous to them, and they were naturally
| DESTROYS of getting rid of him.
3. The suppostion of motive from illicit love.
4. That their Illicit affection was well known
| fact.
been mistaken a. to seeing Bennett yet Bennett
might have been at the of the assassination,
ey ss to
Smith to prevent her from duplicating him in the
| murder.
| :. That the wrong mentioned in the letter refers
to something serious than sexual intercourse.
s. That Mrs. Smith could not be interested in the
letter which Bennett had written to her. and which
they both say was on the shelf made by the ceiling
o. That Mrs. Smith had the theory of but ono
| actor being in the case and he An outsider
TO- That Mrs. smiths attempt to destroy the letter
Exhibit IA" was an attempt TO destroy evidence:
H. That the same hand which struck the blow and
gave the three mortal cuts did not give ali the cuts
IL. That possible theory in this case is, that
"Mrs. Smith was lying in bed at the time when the
blows were struck. by arrangement with some
else, Bennett any other, to strike these deadly
blows" that lit might even have been arranged that
she should have chloroform administered to her. and
should not have been an active participant III the
destruction of her husband. and that shc did not
strike any blow, but was merely passive In this
transaction" Upon this theory of the Judge. he
states to the jury 1.-THE question would then arise
as to the extent of her liability"
49, That IT may be that this arrangement of the
closet Was all done after. 1t may be she had no
knowledge OF the act: that whoever acted had taken
upon himself the responsibility OF doing it, trusting
to her acauiescence: that she was not participant
in the act killing and knew nothing of II till no
was dead and then acquiesced, these preparations
being subsequently, made to avert suspicion.
H. That her story concerning the ch.oroform bot
tle the towel the crooks. the hole in the closet Is
else these appearances were contrivcd by her
| to elude and deceive and avert suspicion.
Tho Judge announced that these were his own
theories and he gave them to the jury with their
! legal effect"
The special exceptions to the charge were then
taken up and scathingly dissected by the counsel.
Mt the conclusion OF which he made quite feeling
| peroratiun.
The Attorney General. who present. made no
| rejoinder.
nEPnfEvE GRANTED.
Colonel john A. Hall, the Governors private sec
Rotary. teegraphed TO the Governor at his home in
! Orange this afternoon, stating the action of the
| CuIlrI In the cas.- also sant him by mail the