The New York herald., 1879-07-10
COVE BENNETT AND JENNIE SMITH.

THEIR CASE BEFORE THE NEW JERSEY su-
PREME COURT ON WRIT OF ERRoR-ExoEP-
TIoNs TAKEN--JUDGE KNAPP ON THE
BENcH-FuTURE STAGES or THE, APPEAL
TRENTON. July .. 1879.
In the Supreme Court to-day. before Judge Knapp.
the case of Jennie II. Smith and Covert d. Bennett,
who are sentenced to be hanged on the 25th inst.
a writ of error. came up for argument The
prisoners were represented by Messrs. VIM
field, Collins, Hoffman and Fleming and
the State by Attorney General Stockton
and Prosecuting Attorney McGill Altogether
there thirty-one assignments of error. Before
the argument commenced the Attorney General
moved to strike out fifteen of themnl those relat-
ing to the Judges charge-on the ground that they
were not specific enough. and also that they mixed
up questions of law and fact. The Court. on this
question. reserved decision. and ordered the argu-
ment to proceed. Mr.. Fleming then opened for the
prisoners. and before he concluded reviewed exten
sively all the assignments OF error, making numer-
Gus citations to sustain the ground he had taken.
assignmens of error the seventh saws that there ia
manifest error in the Court having given Judgment
and sentence against the prisoners because the jury
that first tried them had been discharged by the
Court without giving any verdict upon suggestion
of the mental arrangement of of the jurors The
prisoners counsel object principally to the charge
of Judge Knapp to the jury The following extract
from his charge is strongly commented upon a.
being in error:-
partaker OF his bed and naturally indeed necessarily
Mould sS u9Ss % her tor Of
awakened her and y must be exceptional crcImstsncos
II Il IS ""s of hsr g
Sas naturally ana propss ,hsIs Sss
DESTROYED by such violence II she was in her senses and
explanation and the iary have right 70 ask It. she Is
for Sss % and she her Ss %
ing of her husband she made insensble and there
% the she s .y wH. as ss
s s s in Ss s
she heard two sounds q and blows and after that
bed does appear she knew what choroform was;
aoss ct saS o s. sS
makes an alarm At an early hour in the morning shs
nsr IS Dsi'daia da ana 'hsi na:
s as hs Ss Id s
commence an Investigation As they walk through the
ssssn q psss tho
removal OF the board making opening in the
aaS % he re
w Ss
isered The facts corrcborae her and she ether
SSSS sse @ ' face s
m ana rsS that bss BEEN
here between the different sides Either this story
moved the crooks and used chS.oforn upon her then
makes strong evidence that sho was participant
act those signs-ths chloroform bottle and tho towel
the the and tho bosrdare but deceptive
peaances conrivsd by her either alone with
her to elude inquiry and avert suspiconwhich Is III
There are exceptions taken to various other parts
of the charge. Judge Knapp will. probably. over
rule all the assignments of error. and in that event
the case will taken before the Court of Errors and
Appeals on Monday very likely. In of fail
there the Court of Pardons Is the last resort This
latter Court lis composed Of Governor Mcclellan
Chancellor Runyon and Lay Judges Green Dodds
Lathrop, Lilly, Wales and Clement. No pardon can
be granted sentence commuted without the Gov.
ernor's affirmative vote. II . majority of the
Court is in favor Of clemency. With the Governors
affirmative vote majority Of the Court is necessary.