The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-02-18
BEREFT OF HIS REASON.

ABRUPT TERMINATION OF THE SMITH MURDEI
TRIAL--oNE OF THE JURYMEN oRAzED AT
BLooD-srAINED CLOTHING.
The proceedings in the trial of Mrs. Jennie r. Smith
and Covert d. Bennett which after many postpone
ments were begun only week ago in the Hudson
County IN. JJ Court of Oyer and Terminer. in Jer-
sey CITY. were yesterday abruptly brought to a
close because of the sudden lunacy of Of the jul
rors The juryman who is non compos meats is Herman
Dueoen. German. who keeps lager beer saloon in
west hoooken, in the vicinity of the car depot and
the cause OF his arrangement is said by of his
fellow Jurymen to have been the sight of the CHASTITY
and bloody clothing of the dead officer exhibited by
the prosecutor in court ON Friday
THE MANS HALLUcINArroN
On the day the jury were empauellel Dueben was
notified that he had been made the father of n how
baby. and. thinking that he would be unable TO ses
his wife or child until after the trial was concluded
he worried constantly until Sheriff Toney gave him
permission to visit his family in the company of a
constable. After he returned to the jury room be
perfectly rational up to Friday night. when John
Gehn. the fifth juror. who is also German said to
him in their room, "Well, Dueben what is your
idea about the case now?" Duebcn drew back in
horror and said in German. "Don't spoak to me
about it; the bloody clothes have frightened me-"
He appeared to be wandering in his mind all day
Saturday. and when spoken to any subject
answered i'll an incoherent manner. Frequently he
turned to other members Of the jury and exclaimed.
"They won't hang me now; get off my hesd!"
Saturday evening Sheriff ToGey was notified Of the
mans condition and he sent for DR.. Bird. The
physician went to the hotel where the jury were
kept and saw the man. He considered him some
what demented and prescribed something to rid him
OF his nervousness. Dueben continued to act in q
strange manner and on sunday he taken with
the other jurors to the Simpson Methodist Episcopal
Church During the services he cried and moaned,
and occasionally broke out into laugh. Constable
him for an hour. thinking that the exercise would
benefit him. but il apparently had no effect, and
word was telegraphed to Judge Knapp.
ACTION COURT.
At the hour OF opening court yesterday morning
the court room was as crowded as on the previous
days. The story OF Dueben's insanity having been
circulated speculation rife what action the
Court would take in the premises. Judge Knapp
was in close tation with his associates up to
half past eleven when LEFT his chambers and took
his place the bench, followed by Judge Garretson
and Associate Judges Quaife and Brinkerhof.
Judge Knapp informed counsel that Herman
Duaben, one Of the jurors. was suffering from
mental delusion. and the trial would probably have
and reported that he UNFIT to Sit and the Court
asked what counsel was ready to suggest in the
premises. Prosecutor McGiIl suggested first that
the physicians be sworn, aud from their testimony
the Court could decide an opinion.
DR.. A. G. Bird was then sworn, and testified that
Dueben was not tit to serve on the jury. Drs Noble
and Burdette gave similar opinions regarding the
man.
TRIAL ORDERED
Senator Winfield suggested that another juror be
called from the general panel to succeed Dueben,
and that the testimony be read to him by the stenog-
rapher
Attorney General Stockton was of the opinion that
such course would set dangerous precedent aud
opposed the suggestion.
Judge Knapp, after declaring that Senator Win
fields suggestion could not be carried out directed
the prisoners to be brought in They were brought
from the Jail by Under Sheriff Foley The Court
then discharged Duebenand directed the officers to
bring in the remaining jurors The case was ex-
planned to them and they excused. Judge
knapp fixed Monday March 3, when the trial will be
begun anew.
inches in height with dull. uninteligent looking
countenance. He has resided in West Hoboken only
few years and is said to have previously exhibited
symptoms of insanity His mother called for him
after the Court had adjourned and took him home.
CAN THIS BE TRUE?
It was rumored in Jersey City last evening that
arranged plan OF counsel side the other, il
having been known, 1t was said, that Dueben
insane and had been excused only recently by Judge
District Attorney Mcliill when called upon said
that the report of Duebens condition was complete
surprise to him. and. although it would not, his
opinion njure the Case OF the STATE nconvenisnced
him greatly
Judge Hoffman. counsel for Bennett ridiculed the
idea OF there having been any plan by counsel
either side to stop the proceedings in such manner,
and said that although Deuben father years ago had
been q client Of his he had known that young
Dueben subject to insanity.
The father of Dueben, when called upon. said that
his son never exhibited any symptoms Of insanity
untr he had been drawn to serve on the jury, aud
then he frequently cried out at night "The officers
coming me-" and he appeared to imagine that
he would suffer for being juror.
II traiispired during the reporters Investigations
that DueDen was not the only insane man on the
mate for some time Of the lunatic asylum At snake
Hill.