The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-07-20

In the Smith and Bennett appeal, in New
Jersey, one of thee counsel Tor the con-
demned prisoners, on opening the argu-
ment on the application Tor new trial,
deemed it expedient to smooth down the
judicial feathers Of the Court OF Errors and
Appeals, which he imagined might have
been rutfied by the criticisms of the press
on some of the features of the case. He
said -
The remarkable character of this cause has given
it wide celebrity aud neither the Court counsel
be blind to the articles which have appeared i'll
the public press and trust IL will not be thought
INDIGENOUS in to refer to them for We desire to
show in the most public manner how earnestly both
clients and ourselves deprecate the attacks
which, with the strongest misrepresentation of
facts, have been made upon the administration Of
justice in this State. and the unkind and inconsider
ate criticism which has been made upon the
of the learned Judge who presided at the trial. We
feel that this Court will be as little biassed adj
versely to these unfortunate defendants by the just
Indignation which these ill-JudGed attacks must
arouse in the minds OF ITS members as 1t VIII by
trose attacks be intmidated 1t is to the passion
less, impersona law whose living oracles you are.
we submit this cause and these two lives.
The attacks which, ''with the strongest
misapprehension of facts" were made upon
the administration of Justice in New Jersey,
were called forth by the earnest appeals OF
New Jersey minister and other friends
and advisers of the unfortunate prisoners
for pecuniary aid to enable them to make
an effort for the reversal of judgment gen.
orally regarded as unwarranted by the evil
dence in the case. People were publicly
besought to give money on the plea that
without it the condemned prisoners al
though unjustly sentenced to die, could
1,a
conclusion followed that in New Jersey
the gates of justice are closed to pauper
convict, however unjustly convicted. If
this statement was incorrect, and if tho
money solicited for the prisoners was not
needed, it would have been only an act of
justice on the part of the counsel to ex-
pose the imposition at the time the appeal
was made and to set public opinion right.
AS matter of fact the money asked for as
a necessity in the appeal of Mrs. Smith and
Covert Bennett for justice was raised
through the liberality OF citizens of New
York and was used in New Jersey tor the
purpose for which it was solicited. If it
was not needed why was it taken out of the
pockets OF the charitable subscribers?
The counsePs depreciation of the ''unkind
and inconsiderate criticism which has been
made on the course OF the learned Judge
who presided ut the trial, and his apprecia-
ton of 'the just indignation which these
ill-judged attacks must arouse in the minds
of the members OF the appellate court"
might have had more weight if the case tor
the prisoners had rested with his argument.
But he was followed by an associate counsel
whose criticisms OF Judge Knapp's unior-
tunate charge were far more severe than
any which have appeared in the public
press. The Judge was charged with having
made speculative theories not warranted
by the testimony" and with having ''mis-
stated and erred in the law" The entire
charge was ''scathingly dissected,' and it
was sought to be shown that in giving his
own theories 10 the jury, ''with their legal
effect" Judge Knapp had enormously sug-
gested TO them guilt on the part OF the ac-
cused, and had clearly entitled the con-
demned prisoners TO a new trial. On a re-
consideration OF the facts We think the New
Jersey lawyer who opened the case on the
appeal will be disposed to admit that his
indignant rebuke of the public press was
neither altogether logical nor altogether
just. 9
Pulpit Topics To-day.