New-York tribune., 1879-05-17
OPENING FOR THE DEFENCE.

AN OUTLINE OF THE CASE FOR BENNETT AND MRS
sNI1H-THE LATrEl;s oUTBUBsT OF GRIEF
AFTER DRAMATIC CLIMAX BY HER COUNSEL
TESTIMONY OF THE CORONFRs JURY.
The evidence for the defence of Mrs. Jen-
ME r. Smith and Covert ID. Bennett, accused of the
murder OF Policeman smith, was begun in the Hudson
County Court House in Jersey City yesterday, before
large crowd of spectators Mr. Femmine Of the prison
es' counsel, the opening speech. He began TO
speak soon after the opening OF the Court at 10 a. n
and did not close until y. His long ADDRESS was
listened TO with marked attention, and some OF the
passages were greeted with suppressed applause The
Indictment OF the prisoners he said. singular one
1t CHARGED both Bennett and Mrs Smith with using the
knife both with using the sash-weight The State must
prove the Indictment and II OF the prisoners was
be not guilty both must be declared innocent
This issue the had made for itself In the trial
The DistricAttorney, on two occasions before the
trial had soemnly declared in private mat lie believed
Bennett not guilty.
MI Flemmng then gave to the jury some statements
about the early life of Bennett and his subsequent ac
quaintance with the Smiths, and about the circum-
stances under which Mrs. Smith was married TO the muir
dered man. In speaking of the time when the Smiths
lived in the house owned by Bennett, Mr.. Flemmlng
said that Mrs. Smith became afflicted with hysterca
fits which at times rendered her so violent that the
strength of a man was required to keep her from in
turing herself Smith attended his wife, and also re-
guested Bennett 10 control her when she was thus at
tackled Mrs Smiths continued ill-health caused Smith
to give up keeping clearinghouse and TO remove to
the house where the murder was committed A theory
OF the murder upon Mrs Smiths statements about
a tall man with something white over his face who gave
her chloroorm. then put before the jury in detail
Dir Flemmiug produced bottle of chlorOform and ex-
paiued its use Mrs. Smith, he said was made easily
susceptible to the drug because of her Illness Probably
Smith also had been chloro!omed by the murderer No
examination Of his body had been made to determine
this All through this case,' he said " no theory has
been followed hut that this woman and this boy mur-
dcrcd that man. The witnesses for the State have
sworn that they smeled chlOrOform when they went
into the house. but examination was made as to
whom or by whom the drug had been administered
The counsel then took up the sash-Wcight and the
knife with which the murder Is believed TO have been
committed "The state he said has gone no further
than these two tools in their theory They stopped at
the smelling Of the chloroorm, and they stopped at the
finding of these tools. That weak woman TO mash her
husbands head with this heavy sash-weigLti I Her
muscles could not do IT. That woman to stab her hus-
the seventh aud eighth ribsl 1t is ridiculous.
A REALISTIC SCENE or GRIEF.
Uele the attention of every in the courtroom was
drawn TO Mrs Smith, who had raised her hands 10 her
face aud was sobbing audiby. MI Femming stopped
sneaking MI Collins leaned over Mrs Smith as If en-
deavong comfort her, bet she threw herself back In
her chair and noaned Tears streamed from her eyes,
ague. Mr. Winfield produced a bottle OF smelling salts,
Int il had no Quieing effect and Mr.. Collins asked the
Court TO let Mrs Smith leave the She rose stag
gercd as if she about 10 fall, and was supported
from tie loom. Tears were observed in the eyes OF
sre q. the jurors and several in the wept
freely After an OF several minutes Mrs smit
returned with swollen eyes au9 'relOiS Ups. enc re-
taincd her c'mpOsure during The rest OF the day. -
Nj. Flcmuin2, iu continuing, said mat Mrs SMITHS
rrryous condition would have prevented her from
sistne at the hatchery her husband and witnesses
won, be called 10 prove this. The conduct of Mrs.
| smita, after the murder. ne salu' had Deeh
! used evidence against her, oIt t1e
proved her lie assaied the poice OF jersey
1Ity for tLer conduct III attempting TO entrap her and
he charged thai they had been more desons OF convict
ing some within Eer reach than OF detecting The
redl murderer He also Denounced IN strong terms the
her did not indicate the position winch was to be
taken by the defence regarding the eer when Bennett
lad written to her IN the Jail aud Which had been ST.
The blowing Of an tlb for Bennett stated to be
mart of the defence. ItwOuld lie shown. Mr. Femming
sid that Bennett aud recognized In New-f York
AZ tie tine when the witness umminss GAINED TO nav
on the night OF The murder he was IN WILLIAMSBURG at
The house OF Mr. Havemeyer where lie remained until
morning After his name had appeared IN; the newspa-
pers BeIne had surrendered himself In jersey Cityand
Ee hgd been Imprisoned when there proof that
was guilty. The COrOners jury failed 10 find HIM guiIty
and nc still kept prisoner.
The first witness called for the defence was John +.
| De Gcz an actor, WnO had formerly been associated
with Bennett. He testified that Lo know Bennett by hs
stage name OF EaStman. About O'clock on the night
nc Garden in Sew-YOrk He fixed the night by the fact
that he had called a Miss Price, IN Mulberryst.. the
same evening Daring long crOss-eHdmInatlOn Dy At
torne (enera stockton, De Gez said that bis attention
lad been called the meeting OF Bennett IN the Atlantic
Garden by IL nversation with Mr. Flemmine III which
the after asked him hen he had Eastman last.
The night Of this meeting, be said clear and suty.
Every member of the cOTJnePs jury al the smith in
quest was then examined briefly, 10 disprOve state
ment previously made by Coroner kouan To the effect
that bottle which had contained chorofGrm had been
found Juror shelf Ia the cellar. The testimony
Of the Jurors showed that Mr. Welsh had found the bot
lie stationary warh-tub The Importance OF ms
testimony sted IN the fact that Coroner ROGas state
ment gave additional force to tue following extract
! from BENEFITS letter to Mrs. SMITH IL told T. that
you tod ne tAat you would take II down Stairs ana put
on a shelf made by the ceiling OF the cellar te ever
| asks you again tell him you think you told me-"
After some further evidence had been gwen, the trial
was adjourned until Monday at 10 q. IN. Judge Knapp
formed the Jury that they would he permitted 10 VISIT
| their homes only when accompanied by officers.
The Rev & M Rice, Of Grace Church, jersey City, re-
ceiyed an letter yesterday from per
son in New-YOrk, who claimed To be The murderer Of
| officer smith, The letter not cons dcTed iEI-
portant by the prisoners counsel