The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-25
FOUND GUILTY OF MURDER.
THE VERDICT AG4INST MRS SMITH
AND COVERT ID. BENNETT.
Dramatic Scene in ourt-Women Crying
and Fainting, while the Prisoners show
Emotion-No Motion Made for Sentence.

Emotion-No Motion Made for Sentence.
When Mrs. Jennie Smith and Covert ID.
Bennett were led into the Hudson County
Court Of Oyer and Terminer. in Jersey City.
yesterday morning. tho haggard and anxious
expression OF their faces showed the suspense
that they were enduring. Mrs. Smiths features
were only imperiectly visible through the heavy
folds OF her Grape veil. except when she raised
1t occasionally as she sat tanning herself. The
Rev. DR.. Rice the pastor OF Grace Church. who.
since their arrest. has acted rs spiritual ad
wiser for the prisoners. occupied a chair be-
tween them and spoke to thom both. After the
jury had entered Judge Knapp took his place
on the bench accompanied by Chief Justice
Garretson and Justices Brinkcrhoff and Fry OF
the Court OF Common Pleas. Attorney General
Stockton then resumed his summing up.
Hat the conclusion OF the Attorney Generals
speech Judge Knapp charged the jury. The
accusation" he said. is against these two de-
iendants. The Indictment charges them Jointly
and severay. Under II either or both may be
acquitted or convicted. The State is required
to establish It's case. She assumes the obliga-
tlon Of proving the charges which she makes
against her citizens. She engages. further
more. to prove the charges in such an ample
and sufficient manner rs to remove all reason
able doubt as to the guilt Of the accused per-
cons. This rule. dictated by common sense and
common justice. has occasionally been cited to
mslead juries and to deter them from the fear
less discharge Of their duty. Possibilities have
been exaggerated improperly into reasonable
doubts. Such possibilities are insufficient to
justify an acduita The doubt must be reason
able in order TO warrant such a course
Evidence must be either direct or crcum-
stanta but in either kind there may be
error. and we must adopt such lights and pre-
truth. Society has two alternatives in the treat
ment OF crime. We must other punish II or
| allow it to 70 UNPUBLISHED. II we do not pun
ish i society cannot exist, and II we are to pun
| ish II we must employ the best means at our
disposal for that purpose. What is the state
| obliged 10 establish in this case2 The charge is
| that Jennie X. Smith and Covert d. Bennett. on
| the night OF July 81, 1878. with malice afore-
frst tGne 10 be proved Is the violent death Of
| Richard H. Smith, and about that OF course.
| there can exist no doubt or question. Mrs
| Smith was certainly present NJ the time OF the
! murder, and we are naturally led TO call on her
| for an explanation. She says substantially that
| she was subjected by tho assassin TO the
| influence OF chloroform. and excuses herself
| from any further explanation Of the occurrence.
| She says she felt a pressure on her limb: that
she eAperienced peculiar sweet taste ana pun
| gent smelL and that she heard two thuds on tho
calling the neiehbors' she saws TO one. He is
| killed; q man did it, and to another. SEQ
where Harry lies murdered A. this time tho
| corpse was completely covered by quilt over
| the body. and pillow over the face. That quilt
! and that pillow We're in exactly the same posi-
| ton. according TO Mrs. Smilh's story. when she
| first discovered that her husband was dead.
| They remained undisturbed. In that position,
until DR.. Case arrived at tho house. How did
| Mrs Smith know that her husband was dead
! that ho had been murdered2 That is a circum-
stance for you TO consider. When the police
the chloroform bottle and the towel and called
| their attention to the condition OF the cracks in
| the closet and the aperture made by the re-
moval OF board from its flooring. She was
other telling the truth or her conduct and lam
guage bear the impress OF an attempt TO divert
| suspicion and to evade inquiry by presenting
| false clues TO the police The hole Ia tho closet
| noor was two feet wide. and tho space between
| the floor and the stairs above was exactly six
teen inches; l. is for you to consider whether
sible thing 10 accomplish but not likely that the
assassin would have effected an entrance In
! this manner. The doors Of the house were not
! locked nor the windows fastened; then why
| should the murderer have sought admission by
=" Another matter for your consideration is
| Mr.. Smiths knowledge Of her husbands con-
ditiop before the quilt and pillow were taken
| from his body. Did she know he WINS dead be-
| cause she inferred 1t from seeing his blood, or
| did she know II because she had assisted in
sion OF such crimel This latter is most i'm
portant question. The motive is in this case
| established by the admission OF the defendants
between whom II is conceded that there existed
"A strong sentiment OF unholy love. Was Rich
ard II smith an obstacle IN the way OF the IN.
! Is another question for you to decide
| Bennett Is brought into this case by hisMcit
relations with Mrs. smith. He did not reside
in the vicinity OF the place Of the crime. Was
| he there2 He must have been familiar with
| the house from his visits TO IT, A witness has
sworn that the defendant was in Lafayette
at about ii o'clock on tho fatal night Presence
OF one who has motive for crime is q circum-
| stance TO be considered by the jury. To contra
| dict this circumstance the defence calls the wit
| ness, De Gez, who swears he saw Bennett
| Cummings swears he saw Bennett In the Laiay-
cite ear. Which Of these witnesses is correct
| But assuming that Cummings is mistaken
| the question OF Bennets presence Mt the scene
| OF the crime remains undecided. The testimony
| OF Mrs. Rich In support OF the allbi are too con-
| fused as TO time to be Of any value. The entire
| testimony against Bennett must he read in the
| light Of the eight-page letter That letter is
| really the only thing that connects him with
| this crime. Is II a confession OF guilt 2 Have
! the defendants explained 1t satisfactorily
| These questions you must answer"
The Judge went on 10 consider the different
| constructions placed on the letter. After he had
concluded his charge at l2s o'clock the jury
were led into one Of the small jury rooms OF the
| Court Of General Sessions. M the extreme end
OF the building After the Jury had retired tho
| prisoners were conducted TO the Jail. The fe-
! male portion OF the audience remained seated
in the gallery. but tho mon and boys who. oc-
| cupied the range OF wooden benches on the floor
| OF the court room rushed out after the prison.
ers; Tho Judges. Auorney-General stockton,
private chambers whore they had light lunch.
| The counsel for the defendants fingered around
the Court House fnr over an hour. Then Mr.
| Winfield and Mr.. Hoffman. think ing that a ver-
| dict would not be reached yesterday. came over
| to this city on business.
In the Jail. the prisoners were provided in
| their cells with refreshments but their appe-
titles seemed to have deserted them. They par
| took OF some tea and light food. The jury had
at the same time been eating their dinner
| which was served from restaurant opposite
| the Court House in which they have boarded
| during the progress OF the trial Two colored
walters staggered up stairs under the weight OF
| four large baskets containing tho edibes. II
| took the Jury an hour TO eat. and, after the
dishes had hee. removed. the knife. the weight
| the eght-page letter. and the other exhibits in
| the trial were sent to thom.
The first ballot taken resulted In 0 votes for
conviction and Tor at4nlttal. Tho fore
man on a discussion arising ns 10 the
| feasibility Of mans forcing his body through
the aperture in the floor Of the closet sent for a
| foot rule, with which and the assistance Of
| diagram he Illustrated his Views ON the subject
| The second ball lot stood IL to for conviction,
! and on the third. which was taken after a brief
intoryal. the jury unanimously declared the de-
| PENDANTS guilty.
No sooner had they, arrived at this decision
than the report OF their agreement spread
with astonishing rGpidty through the court
room and 10 the throngs that fingered Sound
tho stops and corridors OF the buil0 ng.
Sheriff TofHey. had taken every precantloS
against disorder, but 1t was impossble 10
restrain the ex tied throng that beseged the