New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-02-01
TIE CHARGE AXD TIE VERDICT.

TIE CHARGE AND THE VERDICT
The third trial of Mrs. Jennie r. Smith ana
Covert D. Bennett charged with the murder OF Ponce
Officer Richard IT, ~ ended at Jersey Cry yester
d,y afternoon in Al verdict Of not guilty.
The charge to the jury was delivered by Judge Man
ming W. Kranp lie reeitcd the main points OF the evil
den produced on she part of the prosecution, aud ihen
said:
PROOF beyopd \ reasonable doubt must be produced.
Inc evidence must establish the proof IN the minds 81
those WHO are bound T. act according ID tleir con
science. Tno state must rely Oh Mss. Smiths state
Incnt that I'm the house the nht or the murder
Her situation calls for an eXpiauai- on ana the
state G AIMS that her presence IA the room
where her husband was mnrdereu shows her com9lciV
IN crime The motive alleged II this case IL common
10 bpth OF tn" defendants, ana y1 lnuS' determine u u
be sufficient 10 IrOyOae tle came charged ENideDcc
has Oecn addnccd that an unlawful M elton existed pe
tween Mrs Smith ana Benb"ti, aud 10 mas Deeh proven
LLnt lac was near thc house te nlghi OF the murder.
II ne was ohere the jury have riS 20 ask Why lie was
there me Jury must deteimhe wat Wegnt Sh0ul o.
given 20 tn tcstnDnyot IuulDings Ihcrc 0thllt III
the thai contraocts his statements either by snow
ing mat Bennett was el>cWhet or car US 4.
periurer Even II Cummings bc mistaken. the state
CLAIMS that The eig"tpSgr 'e,ser ptYt,e' , tase
Bennett was there. The Jury must eec'ne
whether the letter means gust not II.
under fair construction OF the circumstance II
means innOcencc men me de.ebddnta shoOH receive
the benefit OF such construction. The ony t'eti-
mouy we have concerning MRS. enths cogDee-
and put It away. Eight yrar' ago when she
was living win her husband. AID Bennett was mere
iad an affection between them. remains for
the Jury wheth.C This Affection be- It lawful OF an
decide whel SAME bAiu slfIc Ae bo% i.p0h the
head and the two upon the RIB. also INJECTED the
smaller ones on tho flesh. II hrs. smith came 70
knOwledge Of Bennctrs Edht tHer tue msuer
Il be was galty, and rs nefely pr'' taifC w
Charged IN thIs Indictment II he s'iuell
the bows without any prccOncerfd plan WIN her' u
aud be considered guilty OF murder IN tue second
degree.
to go upon the witness stand Dog Iney en-. tetuse a
not prejudice their II me state ns 10 bilng o
evidence that would convict, tne Defendants may Or
not go upon tho stand az aiscte'loh. !. mr. 'T
be- any auces within the defendants know ehge
and they refuse 10 10 upon toe Stan9' men me y Jaw
right to interpret thor acon ~ tney see NJ cJJ
must forget everything bur thtlr Guy, ana hhtic
uncertainty In tho evidence "xsts' le! snoiu Ds
careful give the b-nen OF every d"u1t 10 tue pIs
oneTs. II tho evidence satisfies your minds ana places
The simple, naked duty oil TINS Jny - 10 pas upon We
guilt or innocence OF toe accused. lou i've
only to deal Win facts. and when testimony ias 70
n you consider tho evidence IA being sufficiently
strong 10 suJstaniiate the case or the STATE
your aniy 10 convict Gentlemen give the case 70 YOU
ana m doing pray that you may nave DIVINE gun
ance IN your DELIBERATIONS
Tue JURY AGREE IN THREE HOURS.
The fury retired at twenty minutes before IL O'Clock
in charge OF sborln John J. ToGey and number OF
special cODstables. The counsel Tor the defence
took nearly forty exceptions 10 tho charge after
the Jury had retired. and they noted by the court
reporter The lawyers interested on both sides OF the
case gathered In group aud talked over the different
features Of the case wbo the spectators left the court
room gathered IN little knots on The porch and side
wax IN front or the courthouse.
AT hnlpast o'clock the jurors sent word by consa-
bic mat t1ey had agreed upon verdict aud messenger
sent iog Judge knappwho was at the Once oil
Gchrst rhe courthouse bell was rung
aud "A scramble Tor seats followed The courtroom was
almost instantly filed by excited crowd. Mrs. smith
and Bennett were brought into the courtroom and gwen
t,a oh fla aide lf
their lawyers. Neither showed any nervous
mesa 1t was after hafpast o'clock when Judge Knapp
reached the courthouse. The jury walked In and the
clerk asked:
"Gentemen OF the jury. have you agreed upon your
verdict"
I've have" answered the foreman.
How nnd YOU are the prisoners guilty or not guilty y
mot guilty." was the loud answer
Mrs Smith fell back in her chair, and placing
her hands over her face into sobs and then.
jumping to her feet seized the hands OF Counsellor
Collins and shook them warmly. Bennett smiled
family and also began shaking hands with those VINO
sat hear him.
AFTER THE ACoUIrTAL
Mr. Femming then moved for the discharge OF the
defendans and in the Of any objection an order
for their liberation was entered. Mrs. smith
and Bennett, accompanied by Mr.. fiemming
Professor Hulse. former schoolmaster Of Ben
nett's and other friends, proceeded to the jail
TO obtain their discharge. Aerward all entered the
paror OF the Jail. and for nearly an hour the room was
crowded with friends of the released prsoners VINO
were discussing the trial and extending congratulations
In the meantime large crowd OF persons gathered about
le doors OF the ja awaiting tue appearance OF Mrs.
Smith and Bennett out BY the advice OF their friends,
they departed by n rear entrance 10 tue laii 80
Between 3 ana y. No. Mrs. smith went with her
ter Watson, AT Pachc-ave and Harrlsonst As me
carriage up 10 tne house AL the persons III tue
ed In lle
her Mrs smith 90 ed to many OF those sho knew, and
then sought the seclusion OF the house: Many
receive them. After hearty supper sue aesI " ba
room and was In bed nc $50 D. m When asked hoW ne
sit ai laa 30" 70 be- free again don't suppose
can realize lt Tor some When am III bed t-nign
familiar TO me for eighteen months. IL is something
strange 10 be out OF jail aud can't become accus-
toned TO 1t right away
BENEFITS GREAT RELIEF.
BENNETT went 10 the house of friend. where he ex
pects TO stay several days He visited by TRIB-
INK reporter last evening. lie at first refused to say
any thing. but finally remarked:
81 don't know what TO regard to my feelings or
future m9yement Words eann0t ne suS me-
one moment aud crying the next l eO1lu staha
ont OF doors all night JUS, to TO LOOK ,rS az
again alter my eighteen months Imprisonment
feel very grateful for all The Kindness that ny rhus
have shown me. especially for the perfect ovation
from my friends a the JAN after the trial was over
Many ladies' lawyers. tue sheriff and Others
me and gave the most hearty oOugiatuia
lions. can scarcely collect my thoughts AS yet My
fret thought f. 80 take sp0a seI1 or ier s9' az
least. As for plans, have had no opportunity TOT
making up my mind What l desire most no" Is 10 TO-
The verdict was tho al-aDsOrOiug topic OF CONVERSE
ton upon the streets Of Jersey CIV last evening
A1 All, soT and against Mrs smith and Bennett and
the street opinions were freely uenVereu Dy
members OF snail groups