The sun., 1880-02-01
BOTH FOUND NOT GUILTY.
THE END OF THE THIRD TRIAL OF
MRS. SMITH AND BENNETT.
Acquitted OF the Murder OF Policeman Smith
After Having Been Once Convicted. and
Saved by Error In the Judges Charge.

Saved by an Error In the Judges Charge.
For several hours before the time ap-
pointed for the opening Of tho Hudson County
Court In Jersey City yesterday morning the old
stone court house was surrounded by dense
throng OF people Of both sexes struggling for
positions near the door. Many OF these persons
had travelled from a considerable distance. and
not few OF thom were residents OF this city
and Brooklyn. There were farmers with their
wives and families among the throng eager to
get in. for they had come from long distances
The Attorney General and Prosecutor McGi
walked slowly up the centre aisle and took
their accustomed seats. All the counsel for the
defence were present except Mr.. Winfield. who
had been confined in his house by q sudden at
tack OF Illness They conversed together in low
whispers until their clients arrived Mrs.
| Smith looked paler than on any previous day Of
| the trial. She threw herself listlessy into
chair between Mr.. Gilbert Collins. who had
| summed up for her and Mr.. William P. Doug
| lass. one OF the junior counsel in tho case Ben
| nett's face was wrinkled. and bore an express
| sion OF complete exhaustion. He almost stag
gercd as he walked to his chair.
| At n quarter past 10 o'clock Judge Knapp
began his charge to the jury. After congratu-
lating them upon the near approach OF the ter
| minaton OF the trial. he said The indictment
In this case charges the defendants, Jennie II.
| Smith and Covert D. Bennett. with the murder
| OF Richard II. Smith the woman's husband. on
1878 Under it either or both Of the defendants
| may he convicted or either or both OF them may
ton that both the defendants should have in
flie!ed the blows. II one Of them was present
sentcd to its commission, thu one so consenting
is as guilty as H,o the one BY wv whom the % WOUNDS % a
iendnn,s' guilt must be beyond ali reasonable
doubt. BY proof beyond all reasonable doubt
| IL not meant proof beyond oil possible
| removes
% @ sSsIt Rs ThSa S
result result m must be an Sc9uita The crime charged
agninst these defendants is murder. At com
mon law there were no degrees OF mnrder b1t
Tho deliberate taking Of human life is murder
In the first dcEree I and all other kinds Of hSmii
Fl. Smith is conceded to have been murdered
in his own. house, where he was entitled to
WIZ Wo was %efi there sSSrns Rs beS
gave the alarm she was asked what
and the witnesses for the prosecution have re-
la!tcdto you tho statements and declarations
matter II this relation moi Of facts by Mrs. smith
contains the truth it exogerates her from guilt.
admissions. They stand ms proof in the case
for what they may be worth. and if pncontra-
duty to sean closely very circumstances affect
ing these statements. always remembering
prcsumpion OF innocence as protecting man:
| Tie until it is torn asundor by positive proof of
II Wien ar are o th4ro4n5 n% Ms 9
story, the finding OF the bottle and the towel
arc are ictous circHmstanecs, then hen y You ~ viii be
jusiiisd N nrs|eeting her entire narrative as un-
The Judge said that Bennett was connected
| with tho case by his Illicit love for Mrs Smith,
dden TO o. the ferry at
evening OF the murder. by the testimony of
sm On eoRsn r S Th ee he fhas aed ns
going in the direction OF the murdered man 3
snsh Whs bSth nS G'f l" a Tfo
Smith came TO n knowledge OF Bennctt's gum
sumins sum W that Bennett @ Committed i. and mcrsiy
protected him by her silence. said Judge
hp is mot 3ai fay aTcE HP6er the dea a1
without her knowledge or consent and she had
afterwnrd seized the knife and inflicted the stab
| wounds she would in my opinion be guilty OF
murder in the second degree"
Tho Jury he said had a rGh. to regard the
| failure OF the defendants TO testify in their own
behalf as q circumstance.
MIR. Collins in behalf Of the defendants. pro-
sented n list of exceptions TO the charge He
| excepted generally to the charge. in so far ms ii
failed to embody the requests to charge made
excepted to that portion OF the charge in which
the Judge had informed thu Jury that Mrs.
ond degree urdert the indictment. judge Knapp
insisted on. he would recall the Jury and reiract
| that part OF his charge, and he offered thom the
option Of either allowing the charge to stand
and withdrawinE that eYGGepliion or Of main
tered to conform with it. Tho counsel gnIhered
together in, n cluster near one end ofthe bench
| and held hurried conference. The result was
| that they agreed to cancel their exception.
The jury retired toa small room adjoining
| were sent TO them. and they spent some timn in
eating. The prls,3n.rsr after after waiting until
| they mad dinner. ThethrOng in hocourt room
followed them out Of the building, and but a
ornsy stocEon convi%nced % hat % th"rc
was no proonbiiity OF speedy verdict went
stroed around the court room and chattcd with
| their friends. The opinion expressed 10y tho
Pesn 81 ST. o H%M%n oSETessSd T @ @mnoHg a
Impartial" and had not displayed bias in any
Al ,2< o'clock the foreman OF tho jury
nounced that they had agreed upon a verdict
building and the neighborng hotels and places
OF resort. The throngs that had been present
in the forenoon returned in increased num-
onsucd. The defendants after quiet had been
enforced; were escorted to their nccustomt !
chairs. Neither Of them evinced any signs Of
emotion: Constable Locke, who had been sta
S HSST The Jury ps ID s %ay
through the, surGing crowd, and, rushing to
Counsellor Hoffman. he graspcd his hand and
smdd With sSrpised and nd Satisfied sa 10 exprcs "mTs
sion. and, turn ing Immediately to Bennett said
ccptihie start and then smiled. 70 reporter
for The Sun Locke afterward snid that he had
|
acquit. and TINT he had conveyed the impress
sion to Mr., Hoffman. When asked the reason
for that opinion he gave an indefinite answer.
and finally said that he had inferred it from
their demeanor.
AS Judge Knapp was In the lower section Of
Jersey City, an hour elapsed before he arrived.
After he had assembled the bench he directed tho
Sheriff to bring in the jury. They fed into tho
room. preceded md followed by an escort Of
tipstayes. Clerk Fisher asked the usual ques
tion," " Have you agreed upon verdict 2"
| We have" replied Foreman Grcaves.
What say you, ar, the defendants at the bar
| guilty or not guilty 2"
After a moments hesitation. a moment that
seemed very long to the anxious Spectators. the
| foreman announced:
| Not guilty"
A deaienng roar OF applause. and M almost
| simultaneous shout from hundreds OF throats.
greeted the announcement. Men and women
alike Joined in the demonstration, and gave
| vent to their feelings in a succession OF cheers
that fairly shook the room. Many stood on the
| benches md waved their hats and handker-
chiefs. The constables Nainy tried 10 maintain
| order.
When Mrs. Smith heard the verdict she fell
bRck on her chair and covered her face with
| her hands and bowed her bend on her lap.
| Bennett remained standing. His hands Woro