The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-01-09
Lawyer James Flemming
Tells How the Money
Was Raised to
Save Her.
A HOST OF BENEFACTORS.
Emma Abbott Only One of Many
Subsequent Marriage and
Happy Life OF the
Acquitted Wo-
man.


lishcd yesterday. headed 1.-THE Smith
Murder" mas manly for its foundation.
gossip, but as it does injustice to
some. and rather supports the Oft repeated
assertion that to get justice In New Jer-
sey you must have mouey. permit me to
say was in the case from the beginning
to the end, and know whereof speak.
To set you and the public right. say now
as did ten years ago. The execution of
Mrs. Smith under the judgment for which
she was condemned. would have been
murder more brutal than the original
crime. Passing the incident OF Mrs Phil
lips, who was so conscience striken with
the testimony she gave and the part she
played. that shortly after the sentences
she disappeared from Jersey City, and so
far as / know has not been heard of since,
the tell tale letter" was fully explained
by the brief OF counsel to the Court.
After the verdict there was a sudden
change in public opinion, and the papers
criticised severely even the Judge on the
bench. Now let me state my denials:-
MR. FLEATING's DENIAL.
The money raised by Miss Abbott was
not required, used, or donated for the
purpose of securing new trial
The visit OF Miss Abbott to the Jail as
related is pure fiction. The counsel for
the defendants never told Mrs. Smith that
we required $1,000 to carry tbs case up or
any other sum. Grace Church had moth
ing to do with the trial or the defendants,
and what the opinions of the individual
members were did not know nor in any
way care. DIR. Rice, noble and brave
hearted man. who never deserts a friend
in adversely. was in former years the pas
tor OF the parents OF Bennett. As such
h <4x.1~ fr.fn y, f1~
and IL was a great help TO me in the early
stages of the case. when stood alone. TO
have his wise counsel and encourage
ment. Mr.. Z. b. Wakeman was orig
inally in the case at my solicitation and
the counsel you name came 10 after
wards. AS to the facts, and | state them
now simply In answer TO the oft repeated
charges against the administration OF jus
tice In this State, as soon as the verdict
was rendered the counsel in the cause
TOOK immediate steps TO obtain a new
trial. We did not wait for money nor ex-
pect at tnat time that any money would
be raised to bear the expenses.
JUDGE KNAPP HELPS.
We applied to Judge Knapp and ne
very considerably and courteously di-
fected the reporter oJ the court to trans
cribe his notes Of the case at the expense
of the county. An enterprising young
man. seeing how much excitement there
q
own suggestion to collect money to assist
the defendants. What he got or from
whom, we know nothing, the yonng man
and the money have long since disaD-
peared- DIR. Rice. in his conversation
with counsel, finding that 1t would be q
great expense to them to print the case,
on his own responsibility inserted card
in the newspapers asking for cortribu-
tions to help defray the costs of printing:
that was published in the New York
papers rather as an evidence of the
strange way justice was administered Ia
New Jersey, than from any desire to assist
in raising funds; but so interested were
the people. at that time, that DIR.
Rice was completely overwhelmed by
contributors from all parts of the coun-
try, so that he published within q few
days a notice saying that ample funds
had been received. and asked that no
more money be sent. After that he was
surprised one evening quite late. by a
visit from Miss Abbott, who came to him
saying that she had raised money suffic-
lent for the appeal, and would Ike him
TO take it. DR.. Rice decliued, but on her
insisting that the money should be given
to him, as she could not return it to the
donors, IL was left with DR.. Rice, to be
used by him for the benefit of the de-
PENDANTS as he should determine. DR..
Rice was then the custodian of the money
and Miss Abbott's collection was received
after there had been enough contributed
by others TO pay the expenses of printing
the case.
MISS ABBoTT's PART.
As the Constitution allows but three
months between conviction and execu-
ton. Judge Knapp really delayed the
sentence so that We might be prepared To
act as soon as the Judgment of the court
was completed. Tue money was used by
the counsel to defray expenses of
hi ait.l l1rfaf
in printing the evidence, and other small
necessary outlays. After all were paid
the balance in the hands of DIR. Rice was
by him turned over to and used by Mrs.
Smith by direction Of Miss Abbott. The
counsel for the defendants never received
cent for services; their travelling ex-
penses, kilograms and other thousand lit
tie things that run away with money
were paid by each individual, and know
myself that the management OF the case,
running over eighteen months: preparing
for trial and witnesses, having three
trials; three stated arguments in the
Court of Appeals, one or two in the Su-
preme Court innumerable motions in the
Oyer and Terminer, cost me sum of
money that never cared to add up to as
cert in the total l wish TO give full
credit for the kind action OF Miss Abbott;
the noble stand she took was an immense
advantage TO us; it helped 10 change the
acteristic act of that gifted and generous
woman, which should ever keen her men,
ory green. But in giving all the credit to
her we should not ROB others equally gen
erous and equally disinterested Of the
praise which is due to them.
HAPPILY MARRIED.
Now as to the results l do not wish to
fiatter the former Mrs. Smith by saying
that she has not. as you said, grown stout
or gross looking, but viii say, whatever
attractions she had in the past, be they
great or little. are possessed by her today,
for as | saw her asout three weeks ago
she looked as young and far more happy
than when sne was tenant OF the Hud-
son County Jail. Some years since she
came to my Office and startled me By say
ing, "Mr. Fiemming, young man has
asked me to marry him, and l have come
to see what you would say about it"
said, Does ne know your history Have
you explained everything to him?" Sue
said, Yes" / said, is he then willing
to marry your" Sne said. Yes" said,
do you think you can make him
happyfi She said, There is the trou-
BILE. do not want by any act OF mine 10
cast shadow on the life
of any one have suffered
| too much from unjust suspicion 10 do
that" Then she asked me to visit her sis
ter's. SAYING she would Introduce the