New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-07-28
RESPITE From THE GALLOWS.
NEW TRIAL FOR BENNETT AND MRS. SMITH.
DECISION OF THE NEw-JERsEY COURT OF ERRORS
AND APPEAIs-oBJECTIoNs TO PART OF JUDGE

NEW TRIAL FOR BENNETT AND MRS. SMITH
DECISION OF THE NEw-JERsEY COURT OF ERRORS
AND APPEALs-oBJECTIoNs TO A PART OF JUDGE
KSAPPs CHARGE.
The New-Jersey Court of Errors and Appeals in
session at Trenton, Saturday granted new trial
to Mrs. Jennie r. Smith and Covert d. Bennett,
who were under sentence to be hanged Friday,
August 10, for the murder of Richard II. Smith, the
husband of the former, at jersey City. August 1.
1879. The courtroom was crowded. Mrs Smith
and Bennett we're represented by Messrs. Gilbert
Collins James Flemming and William L. Hoffman.
The full court was presided over by Chancellor
Runyon, the opinion in the case being read by the
Chief Justice, Mercer Beasley. In its opening
the opinion says that the court was not concerned
with the evidence given in the trial except so far as
ii Is connected with the procedures and legal rul-
ings of the trial. The Court simply to ascer-
tain If the defendants tried according to the
rules and modes established by the laws of the
State The Judges decided that the objections raised
in reference to the discharge of the first Jury be-
cause of the insanity of of the twelve were not
valid. OF the fourteen objections made by counsel
to the charge of Judge Knapp, some were not even
mentioned in the opinion. but certain portions OF
the charge were read and criticised After repeat
ing the passages in which Judge Knapp referred to
what he called Mrs. Smiths story the opinion
continued:
"Had he right TO assert in his charge to the Jury
that the story Of TINS defendant that the murderer
had entered by removing the board in this cl0setf
her story then sue Lad narrated he Iact AS part
of her experience just she had the fact OF having
been made insensOe by the chorOfOrm. In the judicial
statement the Circumstance as much part OF ncr
story as the is they both represented rs por
lions narratives OF matter that had equally come
under her own oDservatlon. Inc iahen,Se used 81, u
either this story Is true that somebody came N Dy TINS
broken floor and removed the Crooks ana USED choro
form upon her. and struck her husband ana elt WINE
she slept Now, she had testified that she aed tasted
and had felt the effects OF the eLor0ioI ana When pg
seml-c0nscous had heard the SOUND OF the arSssin
blow; these things she had told, ana they were heF
story Had she stated 10 ne same way tlat souleOOuy
had come IN through the broken moor VI tiaIS
closet9 And not only " the clause just quoted
does the charge hnppte TINS statement th 20 , .re
defendant for in subsequent pa-saKo tne JuIk
is told Upon tho truth Of her story you may ask
wayP That is ia order the truth Of the defend
ants story that the murderer had Effected his entrance
through the broken floor Of the closet the attention OF
the Jury is invited to the mprobabiity OF such story
from the great difficulty Of person being able 10 force
passage for himself in this way The charge then pro
ceeds TO describe in a orcibe manner the difficulties "a
be overcome in efectug such an entrance. and con-
marks 1T may be- perhaps is possible theory TO be
accomplished The defendant is held up as responsible
before the Jury for the way the murderer
got access to his victim which s so lntrinsicay i'm
probable thai. to the mind OF the Presiding Justice ~
truth is only within the of possibility UndOubt-
edly this Judicial exposition OF The case puts TINS DC
PENDANT IL great PERIL
The Judges decided that there was no relief In the
suggestion that this imputatlOn was unlntenuonal,
that il was a mere slip in phraseoogy," and that
it was so regarded By the jury. The defect in this
case was that story was imputed TO Mrs. Smith
that she never uttered, and thus impaired, by UNI
guarded expressions fact of the utmost import
ance into the testimony, and this must of necessity
be constituted error in law. On the ground that
there were errors in these particulars and that these
errors must have preudlced both OF the defendants
on the trial of the merits of the case, the Chetus-
tice voted to reverse the Judgment OF the lower
court.
Chancellor Runyon, Justices Dalrymple, Depue,
Dixon Scudder and Van SICKLE, and Lay-Judges
Dodd, Green, Lathrop, Lilly and Wales also voted
to reverse, and Justices Reed and Woodruff and
Lay-Judge Clement voted To affirm. rulei was
granted by which the decision will be sent To the
Hudson County Court of Oyer and Ternliner.
The news was telegraphed TO ex-senator Winfield
a. Jersey City, and Jumping on car he was soon at
the courthouse. He rushed upstairs into Mrs
Smiths CELL and graspInG her by the hand said, "A
new trial" Mrs. Smith took the matter very
quietly but after Mr. Winfield left the cell she wept
freely Mr. Winfield also visited Benefits cell, and
told him the news. He evidently much sur
prised. and seemed completely overcome, They
were both visited subsequently by the Rev. Dr.. Rice
their spiritual adviser and they spent several hours
in prayer. The action of the Court OF Errors and
Appeals caused little excitement In Jersey City as
nearly everyone believed that new trial would be