The New York herald., 1879-02-12
Important Evidence Given by the Dead
Officers SiSter-in-Law.
OUARRELS BETWEEN MAN AND WIFE.
DR.. Case Testifies that He Noticed a
Smell of ChIorofom

GER Richard H. Smith. was even larger than on the
previous day. the asles being crowded entirely to
the bar enclosure and the galleries jammed. There
was much larger attendance of ladies' than on tho
previous day. and many very fashonaby at
tired. number had provided themselves with
opera glasses and the trial proceeded the glasses
were continually pointed in the direction of the
pretty defendant who is charged with assisting in her
husbands murder.
The prisoners were led through the crowded aisles
by Under sherifs Foley and Peel and placed by the
side of their counsel. Bennett sat Judge Hoff-
mann and kept his eyes the jury, looking
sionaly at the witnesses and biting his nails almost
continually. Mrs. Smith looked pale the
preceding day and watched the jurors intenty. She
never removed her long black veil. and during the
testimony of DR.. Case she showed the first signs of
breaking down by crying bitterly. She placed hand
kerchief over her eyes. and bowling her head, wept
until the Doctor had left the stand AS her husbands
sister-inaw gave her testimony she kept her eyes
upon her and frequently her face assumed o
temptuous expression. After her first cry in the
morning she remained as impassive ever and gave
no signs Of emotion during the remainder Of the day
DIR. CASES EVIDENCE.
Dr. Charles II. Case testified that he resides in
Jersey City and has practsed medicine for thirteen
years. he the officers body Lying there covered
by quilt and the head with pillow; the feet pro-
truded from beneath the quilt; he removed the pill
low from the officers head and feeling his pulse and
finding he dead he returned to the front room
and said to those present that he dead; Mrs.
Smith said 'Oh il he dead?" the body was not cold;
he found three incised wounds in the region of
the heart and two on the head. (Here Mrs Smith
began to cry and continued sobbing until the wit
ness left the stand.)
The witness continued:-There were stab wounds
said that the quilt covering the body appeared to be
darker than the one shown; the light dim until
Mr. McGregor procured another lamp; the witness
examined the body to find whether he breathing.
and afterward felt the body to learn whether it was
cold; the wounds on the head had broken the scalp
the left side the officers hair very thick. and
witness did not the wounds until he felt the
head after examining the body he looked at the
clock and ii pointed twenty five minutes to Ave; he no.
tced odor of choroform in the front but not
in the bedroom; the odor not strong; there
blood stains on the bed and floor and closet door at
the head of the bed; there no blood the east
side of the room or on the east side Of the bed
there was sheet on the unoccupied side of the beds
he noticed blood on it; the officer had shirt on
and the wounds were cut through the shirt: he ex-
amined the premises and found the windows In the
promises, and noticed nothing peculiar about Mrs
Smith; Captain Lennon showed witness ounce
be said IL chloroform he could not tell from his
examination how long Smith had been dead.
The witness was cross-examined by Senator Win
aeld, but counsel elected nothing new.
WHAT A sIsTER-IN-LAw NOTICED.
Mrs. Hattie smith, sister-in-law of the murdered
widow watched her almost savagciy. She testined:-
/ reside ut No. 145 Summit avenue, Jersey
City Heights; on the , morning of August !.
Smith, at No. 133 Pacific avenue; Mrs. Mary
Smith, my sister n-aw. accompanied me asked
the murder, and she answered no. asked her if she
heard anything that would lead her to suspect
asked her how she could have failed to sec or hear
anything at the time of the murder and she told me
that she awoke and found man in the room. who
wore cap and carried o white cloth in his
hand then she tasted something sweet in her mouth
and she fell asleep; she said the man was tall and
whether Harry was jealous Of any one and she told
me, Eyes he was jealous Of Mr.. Stein and Charley
Etiies asked her if he was not jealous OF Mr. Ben
nett, and she said 'Do not ask that" and added
Everybody is asking about Mr.. Bennett. and don't
know why; he was always very kind to me and
asked if she had seen him lately and sh.
replied. 'well. not great while ago."
other room. when she asked what is that noise?"
told her that they were taking Harry away; she
began to cry and asked. "oh, will they take meY' I
lying quiet until the jury came up. and then she
went to the window and said, Hattie do you know
any OF the juryY
said that didn't care to look out and Hattie said
she knew two-Birdsal the carpenter, and Captain
Lennon; she said, Hasn't Captain Lennon splendid
side whiskers2 don't you think he is pretty. Hattie?
Mrs. Smith at this began to smile in sarcastic way,
and the audience noticing it. laughed also.
Witness contnued-I told her that did not know
any of tho police and said that supposed she knew
and 1 don't know them;' then che smiled and
dropped the curtain; she asked me what they were
going to do with Harry and said they would prob
ably take him to the Aldermans house; she then
said to me, Hattie want TO go to the bureau, and
said, .'Wait until you Mr.. McHorney;' called
In the and he said he would go the bureau
with her: she said to him, 'Have got to be dogged
around like this? and he sad Jennie you certainly
have while you are in my charge she started to 20
port her, thinking that at the sight of the body she
might take a Mt she was calm and composed and as
body and ! began to cry; she walked to
the bureau and began looking over some
the paror door. and said. 'Jennie, on which door
IL the bloody and she said, There 1t is and pulling
open the closet door she showed me; an hour after
that while were sitting in the parlor she said. II
wonder If could clean my teeth" and McHorney
said, Certainly; she went into the kitchen aud
sweeping something out of the sink, when asked
what it was. and she said, "Oh, nothing; only Tea
ieaves after cleaning her teeth she walked into the
room and sat the foot of the bed until told her
looking bed that is and she said. Eyes,
the mattress is entirely spoiled asked
Harry, and she replied "Yes, ss near right as he
acted with mo;" suggested that some was jcal-
Harry, she replied 'why should they Kill Harry TO
get me? will never marry another; then she be-
gan looking over Harry's clothes and felt in the
pockets she said ''Ohl found penny; will keep
II rclic:" Detective Mclorney told her that IL
sho had any trnkcs she had better lock them In the
bureau; she picked up collar and necktie and
placed them In the bureau then she picked up Q
white silk handkerchief with blue border. and,
handing IL to the detective, she said, "You can have
that he said, "Who does IL belong tor" and she
said, II don't know the officer said then, "Well,
Jennie: will take IL and see If can't hnd an owner
for It,"
MHoRSEY GETS A PRESENT
The handkerchief was here shown and Identified by
tho witness, who continucd-Jennic then said To me.
IL want to get q second hand man to come in here
and take away oil those things won't get much tor
them. suppose but suppose will got enough TO
get new suit; then she added "Iiatie. you always
admired my stove, will sell IL to you now for SS;"
shortly after the men came into the yard to clean tho
vault; she said, "what are they going to clean
that for? II was cleaned only few weeks
ngo;" said they were going TO see II anything
had bcen thrown down there; she said, ''weil, who
would have thought OF looking thcrc?" then she
went to the Kitchen window and pulling back the
curtain she leaned out OF the window; Isaid Don't
look out, don't look we she said ''what of that?