The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-21
COVERT BENEFITS DEFENCE
TESTIFrING That NE MAD NO Part
IN THE MURDER or SMITH,



Jersey City. Covert d. Bennett. having bccn
sworn. said that he is 90 years OF age. His
father died in 1869. Ho was educated in several
schools and in the Now York University. After
detailing his experiences as player In New
York theatres and in the Brooklyn Academy OF
Music. he said:
while | was boarding with tho Smiths |
spent most OF my time at home In the house.
Mrs. Smith prepared my meals. and my time
was devoted to studying and reading. Mrs.
Smiths health began to fail rapidly after she |
had been there short time but she tried TO |
bear up ngainst her sickness. and she was often |
up and about when she should have been in
bed. When her condition compelled her to ro- |
main in bed her husband did tho cooking and |
housowork. and l assisted him doing crrands |
and helping generally. In her bad spells irc- |
quenty attended to her while her husband
managed the household affairs. She was sub
iect to nts and the Doctor had directed
that she should be kept awake. and often sat
by her bedside and read to her to prevent her
going to sleep. On such occasions read SEN
sationa novels the papers. and the Bible. My
relations with Mr. Smith during this time were
very friendly-very much 50 indeed. When the
Smiths left my house on April I. went 10 the
Clarence Hotel in New York. and from there |
went to the house OF Mr.. Havemoyer. con-
fcctioner in Broadway. Willamsburgh. The
Smiths had moved 10 the house at 1873 Pacific
avenue. called on them occasionally and saw
Mrs. Smith. Mr.. Hayemeyer was an old friend
of my parents.
On the morning OF July 81 left Mr.. Have
mevers house ut 3 o'clock and went immedi-
| atey TO dramatic headquarters ut u Union
square, remained there until O'Clock in the
afternoon. Ithen walked through Fourteenth
street to the Sixth avenue. and down Sixth
avenue to n restaurant over Jefferson Market
where, took my supper After my meal |
| walked to the Deshrosses street ferry and
crossed over to Jersey City. My object in COM
| ing 90 Jersey City was to see Mr.. Hopkinson,
| my agent in reference ce TO the rent of my house.
| ! came over on July 81 by mistake. had sup
! posed that there were only thirty days IN July,
and reckoncl that II was the lst o, August.
to Mr.. Mopkinson's Office. but found It closed.
| turned away intending TO call on him NJ ms
| residence when il suddenly occurred 10 me
that it was the 3lst OF July. | was very angry ot
myself for the mistake ] haa made: L WI, WIS
avenue. zone meaning "iS'F to return to New York
ear overlook me going 10 the ferry, and !
entered It and rode down 10 the i'riy on
fry at about Q O'Clock. | then err s,rl
the Corilnndt street Ferry and walked up
next to tho Bowery Theatre. 1t WIS about a
quarter to 10 when | entered the garlen aud
remained there until II o'clock wat hing tho
people plaving billiards aud shooting and
listening 10 tho orchestra. While thcre ! met
Mr.. De GEE. who was on the stand rs witness
in this case. As he passed mo on his. way out
Of the garden he spoke to mo. had been
h him spSs cach the other IN r.:
garden and h. mgds casual % xinI remmrE rs This 8
nappspe9 81 NJ GTE At stated 5nI iyr he Cath
crime Street Ferry TO wininmsburgh. | walked
to tho ferry and caught the II 20 boat on
broadway to Mr.. Havemeyer's house II
is situated between onSS., aud i've
ta the house went 10 The front Of it, and. SEQ.
ing no light concluded taat The inmates ,a,,i hGd
around and entered gate at the side OF the
, yard, and went NJ the rear outside stairs. !
room next to mine. She opened the door for
| mo. | remarked 10 hor that II wasn't very late
3 been To sleepyot Ipnssed Immediately througl
, | her room to mine. and went 10 bed. me mex
morning got ny very early ana read , a i,a sn0r
, | near by and bought "A paper. The Irst
knew OF the murder was from what ! rea,,
in Brooklyn evening paper on Aug. ]
n On Saturday was at Hayemcyers. ana ther'
g read for the llrst tine my name In cohhect.oi
with the murder. My first impulse was To CONF
g over 10 Jersey City directly and see about II.
J. came as far as New York with that intention
= but aiterward changed my mind and returned
To Havemeyer's thought the vigilance Of tn
= police would discover the real culprt. slaye'
> at Mr. Havemeyers until the following Mon
i dny when mean,,to come over to Jersey Cit
in the morning. but Mr. Hayemeyer had ar
N ranged to como with me. and he could not ge
:, cane over tagether We walked to Police Head
n quarters. was taken to the office OF the che
i
y. that would let him know where had been Q
'e the night OF the murder. proNided ne woul
1t ory He 70 replied % T that & he Would have to hold m
IS pending the result of the Coroner inquest. an
n; | then refused 20 tell him anything about m
% Il do not recollect while confined In the WI
ness room that said anything to any one abot
w the murder. never said. Three months ag
I'd to-day | murdered a man. Some may thin
er that ii was Harry Smith, but il wasn't neve
a made any such remark but may have said I
ct Mr. Zook. one OF my fellow prisoners, that thre
80 months ago | WAS accused OF murderlng a innl
ct The sleeve buttons that had in Jail, and whc
to the witness Conklin swore belonged to Harr
e. Smith have been In my possession Tor the In
es three years. and were mover at 1873 Paclnc ny'
nue.. | had frequent communication with Mr
'h " Do You recognize this letter p asked Cour
le scor Hoffman. showing tho witness tho lett,
ne signed Lucius." d" do Bennett answered
Did you write it2'
ali " wrote it, and sent 1t to Mrs smith In d
What did you mean when you said. You sG
he have wr9nged YOU; that l have led you
by was quoting something she had said in
ns letter to me-, the witness tepllcd; hau hoal @
mt stories about her conduct ~ lail mat anger,
to | mo. and | wrote reUrovlngly To her hhe r.
Piled proving the rumors To be lhlse, ana con
- planning that had wronged her oy my su
ed What did YOU moan when you said in III
hS | convicts you. to stop forward and eXonria
,st you from everything 80 be true to mo even
* " II meant TINT if she were convicted wou
n- como forward and say that ] was the gun
to party and / would take her place from love
re- her" ~
by What did you moan whom YOU wrote. u
he REQUIRES no sacrifice but "A cOntrite heart al
le- ii" will therefore deliver Us from earthly pu
ne ishment.' "
nd vi meant thnt God would not require Al
to sacrifice or impose any punishment on us
ith the sin we had committed in loving each other
lr- What did you mean when you wrote III
al. you WIS wrong In doing. what you hhdT
I'D, you mean that now that have got you
be sorry thnt diditp"
Mr. The first part is a quotation from letter
vas Mrs. Smith asking me il now regretted thai
his had gained her affections, and replied thhl
Tho wins not sorry that did it; that Is. that | W
md not sorry had gained her affections"
,en " What did you moan when you said In I
iii letter. nm sorry that did that wrong.
should have got you In somo other manner
- " The wrong reerred TO-" answered the "
'"H ness slowly. was the gaining OF her affection
and regretted that | had gained them in
~. method hnd adopted To gnin them. ! mei
~ that should have gained hor affections IN so
10Th TO what did you aludo by the words Il
lure wrong p"
bu Here the witnpss remained silent for
..on seconds His eyes were cagt down. and pro-
~" blv clOapd When the question was repent0d.