The New York herald., 1879-07-14
MRS. SMITH AND COVE BENNETT.
THRIR CASE IN THE COURT OF ERRORS AND
APPEALs--How THE PRISONERS APPEAR IN

THRIR CASE IN THE COURT OF ERRORS AND
APPEALs-How THE PRISONERS APPEAR IN
JAII.-DIsrNcLINED TO TALK TO VISITORS
The application for trial in the of Mrs.
Jennie X. Smith and Covert d. Bennett. who now
confined in the Hudson County Jail. Jersey CITY,
under sentence to be hanged on the 25th inst. for
tho killing of Police officer Richard II. Smith on
August last, will come up for fnal disposition be-
fore the Court of Errors and Appeals at Trenton,
Wednesday. Judge Knapp. who tried the in
the Hudson county Oyer and Terminer. and who. on
Friday last. In the supreme Court decided against
the plea of the counsel for the defence. affirming his
decision in the lower court. is disqualified from
sitting during the hearing in the Court of Appeals.
and the Court will be composed of only eight mem-
bers. The decision in the Supreme Court had but
little effect upon .hc prisoners it being just what they
expected. When the writ of was first OBJ
tained they had some hopes. because under law
recently passed by the LEGISLATURE q writ of error
becomes = writ of right. When the Court Of Errors
decided that the writ not one of right and that
it really writ of grace the prisoners told
by their counsel that the decision in the Supreme
Court would not affect them in any way. because
they would necessarily. under the old law go to the
Court OF Appeals.
Bennett has relatiyes. and Mrs. Smith is rarely
visited by any except her stepfather. Mr.. Abram
4.
sober. There many visitors to the Jail anxious
to get glimpse at the condemned. but Mrs. Smith.
the approach of footsteps flies into her cell and
remains there until the visitor has left the floor.
She is confined on the top floor Of the jail in what
Is known as the witness room. in which she
confined pending the consideration of her case
by the Grand Jury. The room" is on the front
of the jail, and is in itself small ward comprising
six cells Mrs. Smiths cell is the west side OF
the Jail. and overlooks Newark avenue. Everything
with which she could in any way inhict an injury
the walls pictures OF herself Bennett and her
sci and the scenes in court. clipped from illustrated
papers.
SYMPATHY PRISONERS.
number OF females confined in the ward, and
to these she confines her conversation. They all
think great deal OF her and protest to the visitors
who talk to thcm that she s indeed innocent of the
crime of which she has been convicted. Having
been mother for only short time Mrs.
smith idolzes children and she Is frequently
women confined in her ward DR.. Rice, rector of
Grace Episcopal Church, who is her spiritual ad-
wiser, visited her yesterday as usual, and conducted
religious services. He occasionally brings lady to
her, but she convcrses little with any
female. Those that she admit she tells frankly
they are welcome and she IL pleased with their COM
pany; but when her husbands death Is touched
upon she talks no further. Deputy Sheriff William
Peel her custodian reports her as being bright and
cheerful but with little hope of getting trial.
DIR. Rice says that ho has given
to expect relief and has always urged her
TO expect the worst. Many ladies have since
her sentence sent Mrs. Smith number of presents
fruit aud deicaces in the hope that day she
countenanccd this custom, telling the donors that
Mrs Smith IL fed from his table. and that she IL
perfectly satisfied with the fare. She has gained no
flesh since she has been In the JAIL and her com.