The New York herald., 1879-02-11
OFFICER SMITHS MURDER.
His Widow and Covert D. Bennett Put
on Trial for the Crime.
THE INTEREST IN JERSEY CITY
Proposing to Prove that Love
Prompted the Killing.

yesterday begun in the Hudson County lN J.) Court
of Oyer and Terminer ut Jersey CITY, The nature OF
the crime and the characters of all the
people connected with it served to create in
tense interest in the details at the time Of the
murder and the frequent postponements OF the trial
of the accused have apparently increased the interest
of Jersey City people in the The story of the
murder is yet fresh in the minds of HERALD readers,
and may be summarized briefly. officer Richard
Harrison Smith was born in this city, but had re-
sided in Jersey City years. and in 1876 he
was appointed patrolman in the Fourth police pre-
cinct His brother John +. Smith, superintendent
of the Central Railroad ferries is widely known in
political circles having served for several years
Freeholder and being now one OF the Aldermen from
the Sixth district. Officer Smith was divorced few
years ago from his wife on her petition on the
ground of adultery. Mrs. Smith then married
brother of her divorced husband and the officer
married Jennie Il. wooley. who had been q
respondent in the divorce suit.
The September Grand Jury found an indictment
against Mrs. Smith for murder. She was arraigned,
and after pleading not guilty remanded for trial:
Bennett was meanwhile detained in default of
$4,000 bail as witness for the State. During the
session of the last Grand Jury District Attorney
Alexander T. McCiin again brought the case up and
the result was that the Grand Jury presented
Joint bill of indictment against Mrs. Smith and
Bennett. They arraigned together and
pleaded, aud their trial has been postponed often
that the large crowd in the court room yester
day were in doubt as to whether it would go
murder trial is such occurrence in Jersey
City that 1t would alone draw immense
throng; but the variety Of interesting details
In the present case has excited such interest
that yesterday morning at nine O'Clock all
the seats in the court room were occupied,
aud at ten o'clock. the hour Of opening court. the
officers had begun to turn people from the DOORS the
aisles and bar enclosure being packed The females
present, the majority of them young. numbered
about hundred. At little after ten Judges Knapp
Gsrrettson. Quafe and Brinkerhon took their seats
from Judge knapp Prosecutor Mcaiii an
nounced his readiness to proceed. Counsellor
Indictment against Mrs. Smith. had been nolIe
prosecuted, and the Court replied that it had not
because he claimed that the defence had bean met
with ever since the indictments and ~ soon
one snare was swept away another was spread for
intend to nolle prosequi 1t, and the Court directed
that the trial Of the joint indictment proceed
THE OPENING OF THE TRIAL.
The prisoners were then brought into court by
Deputy Sherifs Peel and Foley. Mrs. Smith strug-
gled through the crowd in the aisles and inside the
bar inclosure and remained standing until seat
provided for her. She was dressed In the same black
dress. bonnet and veil which she wore when in
court before. She exchanged no word with her
counsel. and sat during the day firmly back in the
scat. with her eyes looking st straight at the
& She age with ysy psro ans
altogether very prepossessing: Bennett followed
her into the court and sat by the side of ex-Judae
Hoffman. He was dressed in black business suit
black Kid gloves and black necktie Rev. Dr. s. NJ
Rice sat near MIN and frequently conversed with
self-possessed. Among those present were Alderman
Smith. Mrs. James Smith. Mrs. John Smith and Mr.
Car%sn stsptathsr Of Mrs Smith % The counsel % for
Collins. James Flsmming and Il. ID. b. Wakeman
Ex-Judge William 7. Hoffman appeared for Bennett.
John p stockton, District Attorney A. T. Mcill and
Assistant District Attorney vandervoort The array
OF jurors were then called and afterward the jury
challenges from both sides before the fol-
lowing jury were got together Theodore b.
Folger, foreman; James Danielson, Patrick Doyle
Thomas J. Curtis. John dehm. Robert Catlin, Peter
Meserole, John cranston. John Mcdonald Herman
stables Koebel. Locke and Meyer sworn to take
charge of the jury.
In outlining tha In hts opening Prosecutor
McGill said that the wounds on the body and
the position Of the body Of the deceased
precluded the possibility of suicide. There
were no weapons in the vicinity. and everything
pointed to the fact that the man not
murdered while he slept intensifying the horror in
every mind. There must be . motive for the crime
of murder; pecunisry motive could hardly have
been the cause in this Passion might possibly
influence homicidej but to cold. premcditated muir
der there must he = stronger motive Love is mo-
strong sa motive read of murders Committed
by the young. growing out Of unholy and un-
In auS the the ss, murder w oa the
that in this case love played very important
part. Religious people shrink from the commission
affection for the deceased would restrain Others
but where religion, morality fear OF the law affec
ton is wanting. tho restraints gone and there
remains nothing to hinder the crime.
The prosecutor thought that he could show that
Jenny n. Smith hud little religion. morality or
,1 tlo laws that aha hOt.x hnr hr.tx x.s.A
and loved Bennett, aud Bennett loved her;
that she hated her husband because Of his
neglect OF her. and because he stinted her In money
and dress, Of both OF which she lond. He ex-
pccted to prove that because Of this unhappy love
between her aud Bennett she yearned to be free aud
that they thus conspred together to free themselves
of their yoke, and that they rid themselves of him
by taking his life. The prosecutor concluded by
fore the murder Bennett was in the vicinity Of the
house. and also that subsequent to the murder they
had made confessions In messages between them in
the county Jail, which he Thought would go far to.
ward convicting them. He then called Lew W. Post
and H. W. Harrison, surveyors. who testified to hav
In the court room.
THE TESTIMONY.
James McCircgor, who occupied the upper floor
over Smiths apartments. the next Witness and
he corroborated the testimony given by him on the
inquest. He had not seen the missing sash weight
on the gato for several days prior TO the murders tho
only quarrel he knew the Smiths to have was on
sunday two weeks prior to the murder. and then
minutes late At roll cali; his wife said that Il he had
como home earlier than hall-past three in tie morn
ing he would not have been late.
Mrs. Susannah McGregor. mother Of the last wit
next testified, giving the evidence given
BY her before the Coroner with some important adj
dtions which she said she had forgotten before the
Coroner's jury. She od-When wont down
stairs to soc Mrs. smith the morning OF the mur.
dor I said, Mrs. Smith. what Is the matterY''
aud she said. Look where Harry lies murdered In his
bcd;" said, Who knows that he Is dead and she
said, Yes. he is murdered In his bed 4" asked her
how IL happened and she said. mr. Smith came
home about quarter past eleven O'Clock and we
were both SO restless that we could not slcep;" at
about quarter to two o'clock she got up for drink
OF wster. after which she fell asleep when she awoko
again ~ was to find . man over her who forced
something into her mouths she said the man struck
Harry over the head, aud ss she heard the thud of
the second blow she lost consciousness, she was
putting ont her hand she felt blood. asked where
tho dog was. and she said 1t was locked up In the
THE CARVING KNIFE oLEw.
2. Do you remember anything being said about o
carving knifef A. Yes sir In the after part of the
day we were sitting In the kitchen at tlie window
while the vault was being cleaned; then she said to
arxts. ~xI..