New-York tribune., 1879-05-13

| REVIEWING INCIDENTS OF THE CRIME.
BEGINNING THE CASE sECoND TImE, BEFORE
NEW wJURY-sELF-POssEssIoN OF BENNETT AND
MRS. sMIrH-sEvERAL OF THE FORMER VIII
YEssEs REPEAT THEIR TESTIMONY.
The trial of Mrs Jennie X. Smith and Co
vert d. Bennett for the murder OF Policeman klcharo
H. Smith, Of Jersey CITY, which was brought 10 an aD-
rupt February last by the insanity OF one OF %
Jurors, was begun yesterday in the Hudson
County Court House Either on account OF repeated
postponements of the case which led many persons 10
believe that il would not taken up again yesterday
or on account OF a decline In the popular eXcllement
over the murder the courtroom was only nall nIeu
when Judge Knapp ordered the trial to proceed MIS-
Smith and Bennett brought from the IAN at lo
m and took seats beside their counsel ex-senator WIZ
field Gilbert Collins, exJudGe Hoffman and James
Flemming. Both the prisoners looked cool anu SCH
possessed. Mrs. Smith dressed in deep mourning
and wore a heavy Grape veil which half concealed her
features. Attorney General Stockton and Counsellor
yandervoort present to assist Dlstric-Alorney
MeGnl. With Judge Knapp, on the bench, sat Judges
Garrettson. Brinkcrhoff ana Fry.
An hours time consumed in empaneling jury
Several Jurors were challenged both sides before
Russell Dudley was allowed to take his seat as foreman
The other members OF the jury Charies Mccarthy
J. f. +. Mount John A. White, Edward O'Shay, Ludwig
Munkel, Henry Ellis, j. III. Bookstaver, George Vree-
land Abraham Newkirk, Henry Lockwood aud Adoph
Johner None OF the jurors had listened TO the test-
mony gwen in February The jurors on the panel VINO
had in the were discharged for TWO
weeks, Judge Knapp indicating In this way the time
which he thought the trial ought TO consume Prose
cutor Mc then opened the by an address to the
Jury He alluded the abrupt termination OF the trlai
In February saying that while 1t had been misfortune
to both sides in a certain way, it nevertheless hau
strengthened the defence Continuing he said that the
community had been appalled, the 1st of August last
Sni
found dead in hie bed at No 1873 Pacifcave hay-
ing been murdered in his sleep. There would be no di-
cuy in proving that amurder had been committed Mrs
smith was in the room when the crime was committed
An estrangement had taken place between heTsef ana
her husband previously BY her confession she did
not love him. She had been on Intimate terms wlth
Bennett who had quarreled with her husband and bad
threatened vengeance 1t was believed that Mrs. smith
and Bennett wished get rid Of officer Smith in order
that they might live together The motive winch they
had murder him strOug one. Bennett Daa been
seen ana recognized Ia the helshDorhooi oi 9uh i
residence on tie night OF the murder a sish-"elSht
and caTying-hnlie with which the murder was com
mitted had been found in yault IN the rear 0i the
house. and had been recognized as articles belonging 10
which accustomed TO bark nOlsliy at tie approach
of strangers, not heard by Other persons IN the
house during the hight when smith was murdered.
Mrs Smiths conduct after the murder had been such as
to indicate her guilt Since she aud Bennett had been
confined in jail some letters between them had ueen IN
te,cepted, and these letters would furnish further
proof of their guilt, if they were put IN evidence
and explained To Jury by l.. W. Harrison, the
draught.mau who had prepared them. James Nc
GrpgOr who lived on upper floor OF the house. ieSt
fed the night OF the murder he went 10 Ded
about II o'clock and akeDcd about O'Clock the
next morning by voices calling him. He found his
mother on The landing ana Mrs smith standing on
tue stairs leading to the Mellow. She SAID
"Harry ], killed. man killed him. He descended to
the bedroom occupied by tie Smiths, and found tue
body OF the murdered man on the bed heavy Qult
covered the body aud pillow lay tine head. y lamO
tated She SAID " Don't lot YOUR wife come In here"
she tnen SAID HIM that tall man with something
white over his face had put something 20 her mouth that
tasted sweet ana made her unable 10 move. He had
then KILLED her husband. McGrcsor said lie went for
Dr. Case He cross examined by 1lr. winfield, aud
said that previous Sunday ht had seen strange
man looking INTO the back yard aud apparently making
a survey OF the place. The man WAS not Bennett SO
far as he had uCuced the smiths had lYed hAppAy To-
ge her.
she was aroused by Mrs Smtns screams the stairs,
and helped cai neT She aitcrward sat with Mrs.
smith while her went Tor Dr. Case. MIS- Smith SAID
that the dog which usually slept at the foot OF tho
bed. had been shut IN another room that night be-
cause officer smith complained that the dog nad heas.
Mrs McGfCgor had not heard the dog bark during The
night and il did not bark during that day when many
present.
Or. Case, and Dr. Converse the County physician, de
scribed the wounds when they found on the body OF the
Win some heavy instrument, and fifteen sinbwounds
Uf in the Jeff breast The injuries TO tho
head were fatal Dr. Converse gave hls opinion tLat
Mr9. Smith could not have lnictcd thcse WOuuGs.
Charlotte ACGrccOF, the wife Of James Mctfr gOr de-
scribed several visits mace 10y Bennett TO the house
during Officer Smiths absence, and her testimony
show ed That Intercourse of candeSne character had
existed between the prisoners. She sad ON hcr cross
examination that night previous 10 the murder ste
had encountered strange man IN the cellar and had
aroused the household by her screams. The man had
thrr testimony had been gwen the case was adjourned
uatii 10 a. m. today.