The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-07-27
Common Sense Construction of the
Famous Letter.
MRS. SMITH OVERCOME WITH JOY.
She Expresses Confidence IN the Final
Result of Her Troubles.



delivered the opinion or the Court in the case OF
Jennie Il. Smith and Covert ID. Bennett. the alleged
murderers. reversing the decision OF tho Court be-
low and granting the condemned new trial. There
was large audience in tho court room, and tho re-
suit seemed TO give unbounded satisfaction. The
only dissenting voices were those of Judges Reed
and Woodruff and that Of Lay Judge Clement. Judge
Knapp. who the bench, did not vote Judge
Woodruff was tho one who sentenced Hunter, the
Camden murderer. to be- hanged. aud Judge Reed
melted our the same fate to Jack Hughes. the Sussex
county murderer, and two.other murderers in South
Jersey On motion of Mr.. Fleming mn order was
made sending down the Judgment Of the Court in
this case to the Hudson County Oyer and Terminer.
1t Is likely that the prisoners will be retired next
September. 1t is rumored that Judge Knapp has re-
fused to sit in the again.
TEXT THR DECISION
The following is the full text of the opinion -
This record and the proceedings at the trial are
before this Court for the single purpose of obtaining
review OF the law as 1t was administered in the
Court OF Oyer and Termner and it was re-estab-
lshed i'll the Supreme Court. The testimony is be-
concern except 80 far as it eucdates connected
with the procedures and legal rulings ut the trial
So entirely Is this true that il were satisfied
that these defendants were innocent of the crime
which they have been convicted could not on
that account alone interfere in any wise with this
Judgment. for the power OF giving relief in such y
juncturc is III other hands than ours When we
shall have responded to the question, whether these
defcndants have been tried according to tho modes
and rules established by the laws OF this State our
whole duty will be performed, to do more than
thus would be an intrusion upon that authority with
which. by the constitution, anothcr tribunal has
been invested shall therefore address myself ex-
clusivey to the examination of the in law
are to have supervened in the course OF these
proceedings
The first objection to be noticed is formal one.
appears that thetdefendants prior to the occasion
that resulted in this verdict, had been put upon
their trial on this same Indictment before another
jury. and that a member OF such jury becoming in
Bahc such jury was on that account discharged by
the trial court. This circumstance appearing in tho
record before us part OF tho course OF law taken in
tho case, is.now assigned error the ground being
not that the Court. il the necessity arose.
could not have rightly discharged the jury.
but that in this instance tho proceed.
tngs Oh which such judicial action was based
were irregular and Illegal With respect to the pro-
cedure, rccted on the record, two errors are u.s.
when the physicians examined the juror nor second
when tho testimony of such physicians taken in
Court. Touching this latter exception it is sufh-
Gent to say that it is not sustained by tho proof
but on the contrary, the record read according to
legal intendment shows the reverse. The statement
IL that the trial continued to the day on which
this examination was taken. and 1t is also averred
that such examination was in open court. When .
defendant Is shown to DO present at the commence
ent OF the trial the presumption OF law is that he
Is also present at each day which the trial regu
larly de die ~ diem. continued 1t must therefore
be considered M conclusivey SHOWN that the exami.
nation OF the ply scians in the or the
defendants. and that consequently this objection,
has no basis OF fact upon which it can rest.
AN OBJECTION NOT VALID.
The second objection, which embraces the con-
tention that the defendants should have had the
opportunity OF being present whom the juror was
undergoing examination by the physicians. is not
valid. Tbe Court could have examined any person
who was acquainted with the mental condition
of the juror IN tho presence or in the absence
of tho prisoner. Such is the everyday
practice of the courts in this class of These
proceedings are always summary in their character
aud of necessity must rest almost entirely in tho
of is
erection must be deemed conclusive, except it may
be n clear case of the abuse of such authority
Nothing OF the kind in this instance is pretended,
and no objection whatever, ESQ tar appears, was
taken at the time by the counsel Of tho defendants
TO any part OF this transaction.
Before leaving this topic it is proper to say that
the objection OF the Attorney General the right
matter has been considered. and that it is doomed
that such objection is not tcnable. The contention
was that what had taken place ut the former trial
was matter OF fact. which. il bar to a further
prosecution, should have been pleaded at the last
TRIAL. and II the State should in the COM
mon form deny such assignments, an issue
OF fact would be raised. But tho view,
think. is not in harmony with the prece-
material error is evident the face of the record
the Judgment must on that account be reversed and
consequently any error thus appearing may bc
to be proved by the record ITSELF issues Of
law and not issues of fact. II. however. former
the pending case but distinct thing from It. the
fact OF such former trial would have to DO pleaded
aud could not be assigned for error.
OF NO AVAIL. rHE DEFENDANTS.
= The series OF exceptions that next require atten-
tion approach more nearly tho merits OF the case,
relating ~ they do to alleged misconceptions of the
Judge ~ to various matters Of fact. and his instruc
tions to the jury founded such misconceptions.
These exceptions are fourteen In number aud il is
obvious ut glance that the bulk OF them cannot be
OF any avail TO the defendants this court, they
bok to call into question certain expressions of judi
ctal opinion on the facts and weight of evidence
That judge has tho right to give his views to
tho jury with respect to value Of tho testimony.
upon the merits OF the case, 1t Is and always has
been the law of this State SUCH therefore, OF tho
objections in question of the character just
il an objoction that has been taken TO the
charge OF the Judge which IL Of . diner-
ent nature and which s clearly outside of the pro
tpction OF tho rule just mentioned Tho instance
thus referred TO Is of vital Importance account of
its dsconncction with the merits of tho and
tho effect the judicial remarks in question may
reasonably DO presumed to have had tho minds Of
the jury.
the Jury to which now refer In that part of
g which contains summary of tho facts tending to
show the connection OF Mrs. Smith with this crime,
and this IL its language. viz. 1.-THE doctor is called
aud officers come In. and they commence inyesti-
CATION. As they walk through the rooms looking
for signs sho points out to them bottle Of chloro-
form and = towel; she calls their attention
- thoy pass. am speaking now OF the testimony
af the officers. She calls attention by the opening of
closet door; " tho removal of the board making
opening In tho floor. and tho change OF the posi-.
ton OF tho crooks; the crooks were changed and
the board was removed; the chlorororm bottle was
there. and there towel with which the chloro-
form might have been administered. The facts
corroborate her story and she either believed tho
atury the truth aud IL the truth, else IL
bears fts face evidence OF contrivancc TO cludo
sud deceive and avert suspicion. 1t In enc or tho
other. Which Ia IL? That IL a point that has been
debated hero by tho different sides. Either this
story e truc that somebody came In by this broken
door and removed tho crooks and used chloroiorn
upon her. then struck her husband aud left while
she slept, or else 1T makes strong evidence that she
was participant in tho act. and those
signs. tho chloroforn bottle aud the towel.
tho closet, tho crooks and tho board,
nre but deceptive appearances contrivcd by her
either alcno or some with her. to eude inquiry
ind to avert suspicion-whch liz it2 In ascertaining
this you have to look closely at all tho circumstances
Little things here may tell the story When you
following the track OF the secret assnssin YOU have
got to look ut evory step to where IL lcads-at
every sign and read 10 carefully Upon tho truth OF
Nor story you may ask yourselves tho question, Why
20 In this house that way?
IN II LfxELY2
II 10 possible and probable you will ask yourselves
whether u 10 hkoy that one could 70 up through