The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-07-17
idated 1t is to the passionless. impersonal law.
whose living oracles you are we now submit this
cause and these two lives.

idated. 1t is to the passionless. impersonal law
whose living oracles you are. we now submit this
cause and these two lives.
THE ATTORNEY oEEERAL's REPLY.
The Attorney General replied from printed brief
of fifty-three pages. He sald:-
1t is submitted that the errors are not we'll
signed ana that neither bill of exceptions assign
ment of errors contains matter constituting legit
mate ground % error, aud the motion to strike out
should be allowed
/. The assignment on the first point contradicts
2 The assignment on the second point contains
only matter within the sound discretion of the Court
and which is not the subject of review
g. The assignments under the third point are
made upon exceptions involving matters of sheer
indifference and were not the subject of exception,
and involve matters committed to the discretion OF
the Court.
fourth point on the exceptions to the change sets
out no ground OF exceptions assigns error. and
the recitals are a mixture OF law and fact.
9. Because under the filth point exception
taken to the manner in which the Judge responded
to the request to charge. and there is nothing on
which TO assign error.
After speaking at length on tho question whether
tho trial took place in the Court OF Oyer and Termi
Of Hudson county the Attorney General COM
mcnted upon the alleged error that Bennett and
Mrs. Smith claim that they put in jeopardy Of
their lives upon the Indictment and that thereafter
there authority in law for empanelling the
jury last mentioned. On that question he commended
that =
The assignment of error on this point sets ont at
length the facts Al disclosed by the record. They
are briefly that. after the jury was cnpanelled and
sworn and testimony taken on part of the
State, suggestion made to the Court
that OF the jurors had become deranycd
In mind to be incapacitated to speak the
truth concerning the premises: on which the Court
ordered an examination by skilled physicians. who
performed the duty assigned and were subsequently
examined under oath in open Court on which the
Court judged that the jurcr dcranged III mind
and that there was prospect of his recovery,
whcrcupon tho Court discharged the jury and AID
th.t,, trin1 la. iSS,1 had lan had r
is submitted
firsi-rhat the action of the Court was in accord
with the universal practice both i'll this cOun-
try and England.
.Second-fhe result showed that no jeopardy ex-
, listed in fact though believed to exist.
Jhirrk-Ihis matter adjud!cated. and. being
matter within the discretion of the Court, Is not
subject OF review when it appears upon the record
that the ground Of adjudication was necessity as
the illness death CT juror.
The fifth exception is that there was link wanting
to show that the letter the which Jennie
Smith had and threw into the water closet. by
to page 274 of the testimony it will be
that the letter was admitted and read as competent
against Bennett, who wrote it, and who did not
object to it. That he wrote the letter was proved
by experts; by COMPARISON with other writings
admitted to be genuine ana by those who had seen
him write. 1t only became evidence against Jennie
Smith after she admitted its genuineness and that
it the letter which she twisted and threw into
the water closet. When the letter admitted it
admitted by the Court III these words:-"The
evidence is competent against Bennett the Court
does not now rule as to its effect against her.
After vigorous defence of the Judges charge,
contending there error made, the Attorney
General concluded as follows:-
| Having considered all the matters that were
assigned error their merit. well as the form
their assignment. and presented the Court the
authorities which establish beyond dispute that
there error In the trial below, my duty in
this is shall not be tempted to argue
any matter not brought before this Court by this
writ OF error. 1 shall not attempt to assist the
| Court in reviewing the facts found by the jury.
for cannot suppose that the whole object OF the
writ is to be perverted in this case, that the
court will permit itself to invade the province OF the
jury.
The Court adjourned until tomorrow Thursday
morning. when Mr.. Collins will reply to the Attor-
ney General.
''MUsT CHOOSE BETWEEN HER MOTHER AND
HIM."
day or two ago the mother of Jennie Smith ap-
peared at the County Jail. on Jersey City Heights,
and asked to see her daughter. The fact made
known to Bennett and he objected to the interview.
remarking that Jennie too good for Her mother.
| He said that che didn't want Jennie to meet her
mother" and that "Jennie must choose between her
mother and him." 1t is said by many that Bennett