New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-07-17

| COURT OF APPEALs-MEETING OF THE COURT
| OF PARpoNs.
| IFRoM SPECIAL CORRESPONDENT OF THE TRIBUSE.l
TRENTON, n. j., July 16.-The city appar-
emily sunDers in Summer to-day. aud langnidy
there walk through its quaint streets Few ioriorh
looking and women. Ii IN the warmest day oi tue
year. 1919 ia shade and all who can do so remain
within doors In a retired street, upon the bank II tue
Delaware River stands the State CAPITOL surrounded
by long green grass and uncovered in trees III looks
deserted throughout the day. In one OF us sates'
rooms the highest OF the State has been listening
to an appeal life from two wretched human Dehgs
seu enced to be hung next week
Jennie K Smith aud Covert ID. Bennett, convicted Oh
the murder Richard II. Smith. recently applied Tor
new trial on tho ground of errors OF law at
the time of their trial. Judge knapp OF the
Supreme Court, before whom the trial was condcted'
also llstene to cue Application for another traL he
declined to 1t. An appeal from the decision was
at once made to nc Court OF Errors aud Appeals Ihs
court held special session today to listen TO the APP
peal II s an imposing body. being composed OF SIX
teen members, all fine looking men. III -
also peculiarly constituted. Neg-Jersey many years
ago conceived tue idea that equitable JuOgmepI
would be rendered by court OF last resort II men
not educated lawyers were intermixed WIN tue
law yers invariably made judges Accordingly
Il was provided should be six clay judges
who shouli not 1e lawyers The "iay judges at pre-
ent are Calico 8. Greene OF Trenton AMI DOud' OF
Newark; FIR ,ncis G. Latnrop Receiver OF the Centra
Railroad New-Jersey: DR.. samuel Lilly, OF Lambert
vllle Jonn Clemens, of Camden, and Samuel Ia b'
Wales, of Cape May County. The lawyer element
| - represented by Chancellor Runyon, ChefJustlce
Beasey and Justices Dalrymple Depue, Dixon Knapp,
Reed, Scudder, VaDsyckel and woodruff All the me-
the Court present except Judge knapp VIM
was Intentionally absent in consequence OF ms having
reviewed the lower court. For three hours
IN the morning and three hours In the afternoon the
tly lisIp 10
heat wa, intense several of the judges had TO seek
Window for cooler arr aud those VINO remained on
the bt nch plaaly suffered greatly. evident by
their pale faces and frantic waving OF palm lear
fans.
Acknowledgement Stockton appeared the sateand
Gilbert Collins James Flemmng, exrJudge Hoffman
and Charlie II Winfield Tor the prisoners. At the opening
of the argument "a liberal spirit was manifested by the
Court: motion Of chief Justice Beasley the counsel
being allowed the they thought needful for an
argument the The Judges had also shown IN an
other way they Intended to make thorough ex-
animation Of the several OF them having fead Ill
advance tn, 600 pages testimony taken at the trial
The proceedings opened with statement from Attorney
General Stockton, that he should oppose the
reception OF any Of exceptions cited by the coun-
lei for the defence their application for new trial
The next hours were consumed In the reading by
ex-senator Winfield Of Judge Kuapp's decision on he
application iTtal, judge kuapps charge 10 he
jury. the remarkable letter OF Bennett to Mrs. smith
winch secured his conviction, and the argument OF tue
| counsel Of Mrs. Smith and Bennett Tor new tfh.
Ex-senator WGed has Tpoa an v eIocatS w H ae
read also with great Intelligence, 80 mat All tne
| points which the defence wished to make from the
documents named were put before the Judge III srOngs
The document Of greatest interest TO the Judges
to spectators the argument Tor new trial The
| points made IN this document That there
mad been 10 lawful lral; that their case had
been nut IN jeopardy by the fact that the
first jury was discharged 6ownG TO me nsan
notice to the defendants COUNSEL that 1t illegal 10
evidence regarding the il-vlll felt by Mrs
Smith toward her husband seven wears previous TO his
murder that inproperto admit the letter written
| by Bennett Mrs. smith evidence against Mrs
smith; that the charge of Judge Knapp to the Jury
did not m Letter or or IN sp mr. g toe dr,,, TO
stantal evidence which the prisoners were convicted
was not good theories of Judge Knapp about the
| enc. d the jury that Mrs smith was not necessarily
| called on Tor explanation of the murder; and that
| murder Not clearly proved All these points were
argued at Length MnGn space wni gwen 70 an exana
am rcauy any moment. If anytmng conycts you, to
r rSp TO e even If il causes my DEATH The defence
argued that tnis was not confession OF guilt That the
| that there no hidden reference to the murder,
AS Claimed by the state. The defence cited the Hull
murder case IN an instance OF e danger OF
accusing purely crcumstantia evidence as the
police plainly intended 10 DO IN that case after deciding
mai the murder been committed in the house.
| Aforementioned S ockton also Submitted written
reply but frequently branched on from with remarks
| not III the printed document he showed a thorough
| acquaintance with The case, and earnestly defended
Judgc Knapp from The implied charge that the trial
| had been illegally conducted AT times he
| ceased bis argument respecting the law points
aud diverged INTO the emotional features OF the
Here his manner was very Impressive ana iorclbe he
urged great Length that Judge Knapp mad the right to
| Jurors was insane but Chief Justice Beasley finally
stopped HIN with the remark that ne dd not think the
Judge had no such power. Respecting the
| argument of the defendants that evidence Of Mrs.
smiths hatred of her husband before the
reScd hG ba al tbs eV"nee showed set
| dtat fea nj hprl MTS son q ner
| If him. Thus soon alter her marriage seven years
| before, sne had said that the very tbud OF
| his footsteps on tue stairs made her shudder;"
of HIM as idle aud drunken" am getting so dis
gused with that man day after day. thai feel some
| Threats made immediately before the commission of
a murder went to show the frame Of mind whlch pro-
| duced violent ana nasty action. Threats made from
time time went to show determined purpose
Judge Knapp has kindly said that Mrs Smith was
pr perly ~ the room OF her husband when he was
nurdered that Is any other person would have been
SUSPECTED ~ SeIe Mr. so~Sop inoW1"d mnre
slycly aud then continued: Was she TO b. regarded
as the protector OF "a deceived husband Was she
utled TO say, Suspect me not was his wifef She had
| been living In adultery with another man for ten
months before. From her confession she stood IN
the room lnal hibh, an WIZ WIN ever IN
tive for wishing The death OF her husbandi Was she
conclusion the Attorney GeDrra said that Judge Knapps
charge emnently fair one and contained slate
meut of al the evidence, mat Mrs. Smiths attempt
destroy Bennett, letter connected her with IT, and that
! the Irial was LEGAL one.
grneut The Judges VIII then take the papers
In the They Wi retain them TIL Monday. ana Will
then decision. Il the decision Is adverse and
new ial thereby denied, the counsel Of the prison
crs will make appeal Tor the lives OF Mrs Smith and
| BENNETT 10 the Court OF PafdOns which meets here
TUESDAY The Court OF Pardons composed of the
GoyernOr Chancellor the Secretary OF STATE and the
six las Judges the Court OF Errors and Appeals It
has the power OF committing their sentences from
| cution to Imprisonment for life.
|
HOT WEA HER N ST LOUIS.
ST. LOUIS July 16.-The weather was very