New-York tribune., 1879-05-26
THE SMITH TRIAL ENDED.
THE PRISONERS CONVICTED OF MURDER.
THE CHARGE To THE JURY-HEARING THE VERDICT

THE PRISONERS CONVICTED OF MI UEDEk.
THE CHARGE TO THE JURY-HEARING THE VERDICT
-COMPOsURE OF THE PRISONERS.
The trial of Mrs. Jennie II. Smith and Covert
d. Bennett for the murder of Policeman Richard II.
Smith, the woman's husband August l. 1873, which
had engaged the attention OF the Court in Jersey City
for two weeks, closed Saturday with verdict Of
Guilty" Nearly three days had been consumed In
arguments before the case given to the jury Attor
Hey General stockton in the morning finished the sum-
ming up State He aimed TO show that the letter
which Bennett had written to Mrs. Smith virtual
confession OF guilt on his part and action
gardng the letter proved a common design The letter,
taken IN connection with the other evidence he argued
proved the guilt of both the prisoners beyond question:
Judge Knapp, in his charge to the jury, said that
under the Indictment either OF the prisoners, BOTH
might be acquitted both might be convicted COnyic
ton would mean the prisoners guilty OF muir
der in the first degree While the State must prove the
charge beyond reasonable doubt the jury must be
prevented from dschargiug their duty by any doubts
except those which arose from reason and judgment
There was doubt that the murder had been committed
and that Mrs Smith was present at the time. 1t
be an exceptional condition OF things which would
cuse Mrs Smith from explanation seeing that she
present at the of the murder She had said that she
was made insensbe before the murder The jury must
decide whether her story true false The chOro
form bottle, the towel and The condition OF the closet
might be evidences of conrivance TO eude detection
possible for a person TO come up through
the hole in the closel There sign that the house
was locked against ntruders. Why should murderer
have gone the cellar broken up the floor and upset
crooks in the when all he needed TO do TO turn
a knob and enter7 All Of Mrs Smiths acts and declara
tions after the murder be looked at determn
ing whether story or had been contrved TO
divert suspicion from her. Had she motive commit
the murder1 1t undisputed that there strong
love between the prisoners Bennett must have had
some acquaintance with the house. Hemigh have been
present the house long after the witness Cummings
said he saw him. Was he therea All testimony con-
cernng Bennett must be read in the light of his letter
and Mrs Smiths possession ana hiding of the letter
might be an implied admission the truth OF its con-
tents The whole of the letter seemed to be Of
announcement her for purpose. Bennett wrote
"our Will not be required sacrifice" lie had
said during the trial that these words referred in
proper intimacy. lie had given the same meaning
to the passage "I am sorry I did that wrong
should have got you in some other manner" Did this
satisfy the Jury The improper intimacy had occurred
recently. What did Bennett expect 10 gain with mar
ried woman IN any other wayi 1t was claimed that
Were all the blows inflicted by hand Would
who could drive the knife almost through Smiths body
mhict The ten eleven slight wounds. III might
have been arranged that Mrs smith should be chOTO
formed and not participate IN the crime. If she
guilty as If she had held the bludgeon or had
driven the knife into her husbands body But If
came TO a knowledge Of the crime after con-
cealed knowledge, she accessory after the
fact and could be convicted the present indict-
men In cOnclusion Judge Knapp cOunselled the jury
10 act manfuly and 10 perform Its whole duty The
counsel for the prisoners took many exceptions to tue
JudN's charge.
The jury retired about p. and after dinner seIt
for Benefits letter aud other exhibits in the trial.
They occupied about three hours in consultations and
was then announced that they had agreed verdict.
large crowd of spectators Immediately rushed into the
COurtrOOni, aud during delay OF several minutes,
while the prisoners being taken from the jal all
SORTS Of about the decision discussed
eagerly. Mrs smith and Bennett retained perfect
pOsure they took their places within the railing.
Messrs. Winfield and Hoffman, Of their cOduse, were
absent. When Judge Knapp arrived he called In the
Jury ana the prisoners stood up 20 receive tie
verdict. Amid painful silence the part OF the
audience, the foreman of the jury asked for the
verdict, and be replied "Gulty." Several eX-
clanatiOns Of surprise Of heard from
the pectatOTs Several women in the gallery wept
Two or three sObbed audiDY. Neither OF the prisoners
hnched Mrs. smith looked the heads OF the Jury
as il something wall had attracted her attention.
and Benefits eyes remained fixed upon the floor. they
resumed their seats quietly and did not speak until they
were led back the Jail On Of tue absence OF
OF Their counsel TIE DstrcAtt0rney did not
Judgment against the convicted PAIR. IL probable
that they Will be sentenced sometime during the pres
ont week Their counsel were IN consultation IA them
ia the fail after the verdict rendered ANA
understood that efforts vail DO made for "A iIisl.
writ OF VIII DC applied for as sentence
passed