The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-20

toHlpOHtu VI NOiuth hhh hlAi9s AA' |
testimony given by Mr.. Edward Wakeman. who |
originally acted as Mrs Smiths lawyer and by
Mr. Fleming. who Ia now one Of her counsel. |
was listened to with unusual interest. Mr.. |
Wakeman. who is the oldest member OF tho |
Hudson County bar. testified that he and Mr.. |
Fleming visited. in the early part OF September
last the house in which officer Smith was muir
dered. and thnt while searching the cellar ho
tthe witnessI found on the shelf made by the
ceiling. poker and piece OF stove pipe
Mr.. Fleming testified that he completed tho
examination Of tho shelf in Mr.. Wakeman's ab-
sence. and discovered several pieces Of paper
that looked like parts OF n letter that had been
torn.
1t will be remembered that number Of pre-
vious witnesses testified that they searched this
shelf on the day OF the murder. and that then
there was nothing on II.
After brief conference OF the counsel for
the defence. Mr.. Winfield. turning to his client.
called aloud. Mrs. Jennie r. Smith"
Mrs. Smith arose slowly. and walked with an
unsteady step to tho clerks desk whore the
oath was administered to her From there she
made her way to the witness stand through the
throng OF lounGers and reporters who occupied
the space within the bar. She was dressed in
deep mourning. and n heavy veil concealed her
features and until II WAS removed ohstructed
hcr voice. In reply TO the questions u Mr.. Win.
field. she said she was going on To % years oi
age She was married 70 Smith on tle lst ot
June. 1871. She descrihed their life until tho
time OF the murder Much OF the time her hus-
band was out Of employment.
She added; Before renewing TO his house
was not acquainted with Mr.. Bennett From
his house we moved TO 1873 Pacific avenue and
TenmqGpMsd nq M there nht my hmsSnd ws 6id 6HidId; nc
business, and spent his time mostly in tie
house. was subject To ilts then. They were
frequent. and when they came on my husband
would get his mother to nurse mo, while he at
tended to tho work q the house himself. as wN
had no servant. II Mr.. smiths mother was not
there Mr.. smith would call in Mr.. Bennett To sit
by my bedside 20 soc that did not
go to sleep. Mr. Bennett would rcaa
of Monte Cristo " TO me-. After we Left Mr.
Benefits house he did not move with us. Tho
were quito friendly. MIR Bcnnci, has been to
the house at 1873 Pacific avenue TO 500 MIR.
Smith. and sometimes | asked him in when ho
| WAS passing. but he never paiI US any VISITS.
There was no break in the friendly relations
| heard OF my husbands threatening TO throw
Bennett on the stoop. Mr. Bennet lived IN
New York after We let his house. wont once
| 10 the theatre with Mr.. Bennett My husband
| had promised TO take me several times. and
| Mr.. Bennett had always got the tickets. The
last time he got them my husband couldn't got
me. Mr.. Bennett reluctantly, consented.
That was the only TIM. Mr' Bennett
| did II at the request Of my husband, hrcause my
husband did not like to do it himself as it made
|
" On the morning Of July 81. my mother-in-
| law. who was staying in the house with me
smiths Smiths breakfast. @ He was on duty that day
| He came home for dinner. and after dinner he
went out 70 his post again. next saw him at
o'clock In the evening when no came home
for his tea. After tea he saidhe was going 20 the
meeting Of tho Police Commissioners and that
| he would be back at half past 10 or i o'clock.
| He left tho house at II quarter 70 =. ! thcn
| cleared away the tea things and did little
the bed with my clothes on to rest myself hut
| tried 70 keep awake until my husband should
| come home. At IL o'clock he came To- the win
dow while was reading in the bedroom To
| keep myself awake, and tapped at the window
and. called me. got up anu opened The hall
some ice cream, and asked him If he had II.
He said no, and asked mo Il ! wouldn't ke
70 get the beer, and asked him.
IL he hadn't any money To- buy, me
| and he told me he could get II on trust. Before
| going out he changed his mind, and said no
had beer enough already He, told me 70 20 70
bed or / would eaten cold. retired, leaving
him sitting up reading the paper. At o'clock
| awokc, and feeling thirsty. got up and went
into the kitchen for drink OF water. My hus-
band awoke at the same time. and asked me 10
get him drink. After giving him glass Of
water returned and he said Kiss me good
night and go to sleep and he kissed me and |
went 20 sleep. Tho next thing l rrcollect Is
that / was awakened by peculiar smell
Of something that made me gasp for breath.
Before opened my eyes | felt distinct pres
sure on my left hand. and rs | opened my eyes
|
thrown quickly over my face and fell bnck on
the bed from which had partly risen. Then
heard one or two thuds 10y my side whore my
husband was lying. After that / became un-
Tho next thing remember was aroused by
something lying on my foot. i then f"lt some
thing moving along my left arm. | immcdiate-
ly thought Of the dog which | had put out into
Hs psto5 % ea S ny e and ch Ge%r d2
me. tried to get up, but had no strength. Il
seemed TO me- that / saw some one standing
| IN n tall and Inrk pullpI
towel from my tac" with my leIthand aud threw
Il TO tho Moor. tried TO raise myself in bed,
| to be whirng around me- My heHd was
swimming, turned TO whore my husband lay
and saw the blood trckng from his side.
Before had got up had begun screaming. ]
could not stop myself | rushed TO lhe front
bedroom. as | felt cold. | seized n skirt and
wrapped IL around my limbs and returned To
the front door. i don't know whether II was
locked or not. tried 10 open II. but couldn't.
Then went up stairs, ana remember calling
said by me. or him. or any one. That morn ng
! did not put on my shoes and stockings until
late; They. Were lying on the floor at my sdeof
the bed When nrst went 10 get them. my foot
struck against the bottle, wlrch handed to
Capt; Lennon. and then also found the towel
which | had thrown on the floor. ! did not SOC
the bottle or know that 1t was there until |
The sash weight was brought to our house
by my stepiather and used as n gate weight.
1t was afterward taken of the gate. and il
| lay in the Aleyway near the cellar window.
The carving knife was once used by us us a
carving knife but for some time past IL had be-
come so blunt that II was used only for break
ing ice and cutting wood. II was always kept
in the collar, Capt. Lennon asked me about the
hole in the closet floor. The door Of the closet
accidentally opened. and he asked what it WAS
used for. / told him. When | saw
the condition Of the closet sup
pose | looked surprised for l noticed
Capt. Lennon watching my face very closely.
| told him that didn't keep the closet in the
state he found IT, and that didn't know Of the
removal Of the board from the floor. | knew
that the sink in the yard had been cleaned about
u month before tho murder and knew il was
being cleaned on the day OF the murder |
heard some Of the women in tho house say that
a carving knife had been found in the sink. and
then It was that said we had no carving knife.
The knife we then used for carving was plain
black handled knife. l had not seen the old
carving knife for six weeks before then. rs
had been sick, and had not been in the cellar, |
do not know who put the knife and sash weight
In the sink"
Mrs. smith" began Mr.. Winfield in a slow.
solemn tone. !" did you kill your husbandY'
| " | did not, the witness answered in Il trem-
ulous voice.
| u do not"
Did you know anything about it until you
found him dead at your sido"
| "A n.,t