The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-07-16
THE SMITH-BENNETT CASE.

IL Om1 II -DEN VEL SAoE.
COMPOSITION OF THE COURT OF ERRORS AND
OF THE COURT OF PARDoNs-rHE COMING
ARGUMENT ON THE BILL OF RECEPTIONS
PORTIONS OF TIE JUDGES CHARGE Xxx
cEPrED TO.
TRENTON July Is. 1879.
The argument in the Smith Bennett Jersey City
murder case on an application for trial. set
down for tomorrow "Wednesday, before the Court
of Errors and Appeals in this city, attracts wide
spread attention not only inside but outside of this
State. The court is composed of sixteen members;
but on account Of the disqualification Of Judge
Knapp. but fifteen mot eight. has been re-
ported) will sit in this They fol-
ows:-Chancellor Runyon Chief Justice Beasley.
Supreme Court Justices Depue. Dalrymple. Wood
hull Reed Dixon Scudder and vansyckle. and lay
Judges Lilly. Green, Dodd. Clement. Wales and
Lathrop. The will occupy the whole day. and
two counsel each side will address the Court
Attorney General Stockton and Prosecuting Attorney
McGill on behalf Of the State. and Messrs Winfield
and Fleming on behalf of the condemned prisoners.
1t thought that the decision will be rendered
before next Monday.
THE COURT PARDoNs.
II the decision should be unfavorable to the prison
ers. then application for q Communication Of sem
will hold its Last session for the term that day.
This Court is composed of the Governor, the Chance
lor and the six judges OF the Court of Errors and
Appeals whose names given above. 1t is
markable circumstance that those six judges and
tho Chancellor will likely be called upon to pass
twice upon the case. Tho Governor has the power
OF granting repreve for ninety days from the date
Of the passing of the sentence.
ASSIGNMENTS OF ERROR
There are Q large number of assignments OF error
made by the prisoners counsel. the principal ones
being in the nature of exceptions to the Judges
charge. Exceptions to the following portion Of the
charge are considered the most important
Either this story Is true that somebody came in
by this broken floor and removed the crooks and
used chloroform upon her, then struck her husband
and left while she slept else it makes strong evil
these sgns-the chloroform bottle and the towel.
the closet the crooks and the boardare but decep-
tive appearances contrived by her either alone
curry and to avert suspicion--.which is it.
the circumstances. Little things here may tell the
story. When you following the track of the
to it leadsat every sign, and read it
fully. Upon the truth Of her story you may ask
Yourself the question. Why GO in this house that
could go up through that floor. the floor
seven feet. believe the witnesses say.
above the cellar floor. There is ledge
along the wall, the precise height Of which do not
remember. but there is testimony to show. and it
| appears upon the drawings. man must draw him
self from the cellar floor. on this ledge up through
this hole. which was about two feet wide without
the crooks being there; fourteen or sixteen inches
high between the other boards and the stairs above
| q man must draw himself up; he must have the use
can get with his feet on the ledge. It may
| be, perhaps is. possible thing to accomplish.
The jury will look at that. If it were not possible
to do it is an important circumstances in the case as
it is the only place there Is any sign OF violence in
| gaining entrance. No window or door is broken;
indeed far appears the doors were not locked
| the windows fastened Why 60 into the cellar
and break up floor and remove earthen and iron
jars to get in house where they had but to turn the
latch OF the door or step through the window?
| These matters the jurors must pass upon. be-
whether the truth is told or whether there 10 a
design or contrivance. Why should he go out that
wayf why creep through such space into the
were found. If these were the weapons that were
| used?
THE QUESTION OF MOTIVE.
| Had she motive in his death2 This is very inn
portant question in such and may be in this.
upon wife participation in the destruction of her
husband There Is in the CASE undisputed. the fact
that her ana ane of1er ss
on the motive Of both. Was Smith in their way
| Was he dangerous to them in any way? Would they
naturally be DESTROYS Of have any interest in get
ting rid of him? Is it, as contended. common mo-
tive for the taking of hfes If you have motive
gives Of his death and the appearances about th1
| room when others are called in
| PRESENCE THE NEIGHBoRHooD.
| Presence in the neghborhood at the time Of one
| who has motive to take life is circumstance of
Importance in ascertaining But this fact is contro
verted. He shows or attempts to show by witnesses
that he there at the hour when this witness,
| Cummings, speaks Of Cummings says he saw him
in the evening De GEES says that he left the house
| Of his friend at quarter past ten. walked to
tine eat ara we s there Jew thu %
| then retired to an adjoining garden and
was there from seven TO eight minutes.
and then saw Bennett standing in the garden. Which
is correct about it? Supposing them to be correct
to time which is correct as to the fact? Have
either Of them made a mistake to the day or the
| night upon which this a mistake as to the
| hour? II which has made the mistaken Are they
both right as to the fact of having seen him. and one
| or both mistaken to the hour? They both seem
to be honest and neither to have any interest in
this except to tell the truth. The knew him and
the other feels certain that the defendant was the
one he saw on the car.
As to the attempt to show the presence of Bennett
in another place this night the testimony of Mrs.
Rich however honest she may be- and there is. per.
haps. little evidence upon which we may say she IS
not So or does not intend 10 be truthful II Is quite
evident that upon her examination she was too con-
fused to the time too uncertain about dates. too
uncertain about everything. to give her testimony
much value in proving an alibi.
Some question is made between counsel as to the
effect of this letter upon the different defendants.
As to Bennett. whatever IL says 1t is direct adms-
sion. and il may be implicitly to Mrs smith.
il her actions such to justify tine iury fairly
ance and recognition TO tho facts stated.
She had the letter; It was written TO
her in answer 10 communications of her own, and
the jury have right to take all her actions in
spect to it, hiding destroy it, her conversations
with Mrs Phillips respecting it, grounding an in
ference as to whether admitted the truth the
statements in the latter. Ii is manifest her assent
could only be to the statements as she understood
| them.
| Various other parts Of the chsrge apparently
just as strong against the prisoner those above
| quoted.