New-York tribune., 1879-05-21

TIMACY WITH MRS. sMITB-A CONFLICT BE
TWEEN THE LAWYERS.
The evidence for tho defence in the Smith murder
trial was closed yesterday after a long examination
of Covert ID. Bennett, of the prisoners. lie ah
mitted criminal intimacy between himset aho
Mrs Smith, who is accused with him OF the murder
of her husband. He asserted that he was IN " "lll
iamsburg at the time of the murder and that he
had no part in the crime. The prosecution tired tc
compel one of the counsel for the defence to testify
about statements made to him.
DETAILS OF THE DAYS PROCEEDINGS.
Three constables with crossed slaves stood
Yesterday at the door OF the courtroom In Jersey oy
where Covert d. Bennett and Mrs Jennie H. smth were
being tried for the murder OF Policeman Smith, the
woman's husband Every seat in the courtroom was
filed the steps of the Court House were covered py
throng Of disappointed persons who desired 10 near
the trial The main interest yesterday centred III thc
testimony OF Bennett, who was called to the WITNESS
stand at the opening of the court. Throughout MS eA
animation which lasted for four hours. he bore hmsef
with the same GOODNESS aud selfpossesson which mas
marked his demcanor during the whole Of the trial. lie
was allowed to tell his story much In his own way
during the direct examination, ex-Judge Hoffman, his
counsel leading him from topic TO another by SNORT
questions.
After making some statements about his early lie
and subsequent an actor Bennett descriOeu
his acquaintance with the Smiths when they lived in his
house in PaciAc-ave. When Mrs. smith was sick, ne
said he attended her while her husband did the cooking
for the household lie often read to her. went on little
errands and paid her many attentions at her husbands
request. After Smith became member OF the Jersey
City police force. and moved with his wife 10 No l33
Pacifc-ave Bennett said he visited them frequently
lie lived for a time al the Clarence HOTEL in New-York
and then went to live with Mr.. Hayemeyer, confec-
IL
had died. and he was very poor. Mr.. Havemeyer. who
had been his mothers friend offered him temporary
home. The family consisted of Mr. Hayemeyer. his
wife and Mrs. Rich, his sister The sleeping-rooms
were on the second floor over the confectionery store
Bennett said he occupied middle room,whicb could be
entered either through Mr. Havemeyers room, by way
Of front staircase leading from the store, or through
Mrs Rchs which opened at the rear OF the house
upon landing outside a pair of stairs led from this
landing TO the yard. on Wednesday July 81, Bennett
said he breakfasted with the Havemeyers, and then
went to New-YOrk. He spent most Of the day at the
dramatic headquarters Unon-sqnare. In the even
ing he went to Jersey City to collect the rent for
his house, having made a mistake In the day
of the month. and being under the Impression
that IL was August l. when the monthly rent due.
Discovering his mistake, he returned to New-1Ork ana
visited the Atlantic Garden in the BOwery, where he
met his friend DE Gez lie then returned to his home In
Mrs Ficn Admitted MIN info the house through her
ROOM lie did not Aear OF the Smith murder until the
evening when he read an account OF II IN news
paper He Started to 90 10 Jersey city on Friday after
noon but changed his mind and went to the Firth Ave
me Theatre I'm NeW-YOrk. Mrs Rich admitted HIM 10
ms room that night also He saw lis own name in the
newspapers in connection with the murder, Saturday
morning He thought Of going TO Jersry CITY at once
but waited until Monday IN the hope that the police
would discover the real murderer.
Bennett then described the manner IN when ne gave
himself up the Jersey CITY Police Headquarters and
the treatment which he had received during his long
imprisonment. Mr.. Hoffman then asked him 10 explain
certain passages IN the letter which he had written 10
Mrs smith in the lil AS these read lie
explained them by saving that they referred to his
manner Of gaining Mrs. Smiths affections while she and
her husband lived at ms holse. He admitted with
hesitation that he and Mrs. Smith had been criml
nally intimate at that time and thnt this intimacy had
been the OF turning her love from her husband 10
him.
Imprisonment, Bennett said, was in the latter part of
June, when he met her on the street He
her the letters had been destroyed She said all had
been destroyed except one, which she would keep in
he said was the explanation of the passage, told f.
that You told that you would take il down stairs and
put IL on shelf made by the ceiling the cellar"
relations with Policeman smith, Bennett said. were
friendly up to the time OF the murder letter which
Bennett had received Smith about two months be-
fore the atters death was put IN evidence as proof Of
Mr.. Hoffnan-Dd you kill Officer Smith,
Bennett-I did not
Mr. HofrInan-Dd you take any part In the murders
The same answers were made in q firm tone by the
witness to other questions implying guilt on his part
nation by long series OF questions regarding Benefits
movements on the days before and after the murder
He was not able 10 dscOncert Bennett, who answered
every question with care. Regarding his atten-
tions to Mrs. Smith, Bennett said her hus-
band did not know TO what extent they
lad gone Bennett was then called to explain what
he meant by writing Mrs Smith. 81 ready at any
eTonerate YOU from everything" lie replied that he
was willing to die in her place If that could her,
although he had not committed the murder
He had supposed that pretended confession OF
guilt on his part would save her. He
been able TO i've happy situated as we were but here
after we will never De separated dearest, and we VIII
he our own masters" by saving that ne and Mrs
Why then did you write situated were while
that he probably had written were" for ARE . by
mistake. The Quickness OF his reply caused general
Mrs. Emma Rich was called to prove that Bennett
could have been Jersey City at the time of the
murder she testified that she admitted Bennett TO the
house in Williamsburg about 1870 p m on the night OF
the murder. and hip early the next morning. When
crOss-eXanined by MI. McGlll, however she contra
dicted both her own statements and those which Ben
nett had made. she SAID at first that she was IN bed
when Bennett Knocked at heT door ana that she rose
and dressed herself before admitting him. Then she
said tnat she was not undressfd when she lay down;
when Bennett knocked for admitauce. She declared in
positive terms that Bennett was at home on Friday
evening, when he had testified that he was at the
Fifth Avenue Theatre. She also said she In her
o'clock on tne night OF the murder, but when
asked TO explain now -he hXed the nlght she told OF
Journey 10 New York, declaring that she left williams
burg at 6 o'clock. and was Visiting at place In New
YORK Tor over three hours Her situation became so
pitabe at ergh THAI she refused TO answer Until Judge
Knapp had ordered her 10 proceed. After denying that
she lad been arrested twice. and that she had been
Imprisoned on BackwelPs Island for drunkenness she
was allowed TO leave the witness stand.
controversy then occurred between the counsel for
the prisoners aud DisTicAttoiney McGill regarding
the admission winch the state had made, that blood
stains were found the knife, sashwe ght aud cloth
iGg of the prisoners. The discussion ended by the
admission Of testimony OF Professor D0cuus before
the COrOner's Jury. Mr. Winfield then announced that
ihe defence was closed.
OF WIFE MURDER At ORANGE.
A DYING WOMAN REFUSES TO EXONERATg HER
HUSBAND
Cosnor Menzinp DrOpTietor of a driukin saloon at