The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1893-05-13
A RIGHTEOUS RULING MADE,
Bentley to Have Another Chance
for Liberty.
The Folly of the Verdict Finding
Him Guilty Thoroughly Shown.
Judge smith Grants the Motion for q
Now rrfal-He Analyses the Evi
dence and Finds Moth
ing to 1t.


Henry Bentley smiled nervous smile
yesterday morning in department one Of
the superior court, as he sat awaiting
Judge Smiths decision upon the motion
of his counsel for a new trial.
The smile lost its nervousness during
the latter portion OF the reading of his
opinion by abe court.
After a new trial had been granted
District Attorney Dillon entered an ex-
ception, and it is understood, proposes
to take the matter to the supreme court.
The review of the case by Judge
Smith was alluded to by many who
heard 1t as one of the clesrest and
strongest opinions in criminal case
rendered in the superior courts for a
long time. 1t is of such interest that all
of the essentials are given:
The defendant is accused by the in
formation Of numbering his wife by
means of strychnia poison. After a
trial extending over 10 days the Jury,
upon 20 or % minutes deliberation,
returned verdict of guilty of murder
in the first degree and fixed his punish
ment at imprisonment in the state
prison for life. A motion for new trial
was interposed based upon various
grounds, only three of which are urged
by counsel in the presentation of the
motion.
That the jury were allowed by the
officer In charge to separate.
Improper statements of the district
attorney and his associates in their ar
gumente to the jury.
That the verdict of the jury is contra
ry to the evidence.
THE SEPARATION OF THE JURY.
On the first named cause that the
jury we're allowed to separate, it must
be observed that such separation was
during the trial and before they had re.
tired to consider their verdict.
The separation complained of con-
sisted in their sleeping in different
rooms at the st. Elmo hotel. Affidavits
OF jurors that they were not in any way
approached or influenced have been
made and their admissability denied by
defendant.
In this case the juryrnen occupied diff.
ferent rooms in sleeping, but the officer
swears and they swear that no one ap-
preached them nor spoke to them,
hence no injury could come to defend
ant.
The second cause is the statements of
counsel in argument and is OF more se-
rious nature, and if objection had been
made at the time and the language
taken down, it might be regarded as a
reversible order; but since counsel for
defendant sat by and made no objection
nor asked that the language be taken
down, think that the defendant cannot
now be heard to complain.
REVIEW OF THE EVIDENCE.
The third and last cause urged for a
new trial, that the verdict is not sup
ported by the evidence, will now be
considered. A
Two propositions were necessary to be
made out by the people in order to
bring about the conviction of the de-
fendant:
First-Thst deceased died from the
effects OF strychnine poisoning, techni-
cally known IS the corpus delicti."
Second-That defendant administered
the poison.
1t seems from all the evidence on that
branch OF the case that Mrs. Bentley
died suddenly.
Clotilde Huarcads (the servant girl in
the family9, Mrs. Pouyfourcat, Mrs.
Watson and DR.. Burnett, besides the
defendant. are the only witnesses who
testify as to how she died,
Clotilde Huarcada swearsgthat about s
O'Clock in the morning just as she had
made ready the morning meal, Mr..
Bentley came to the kitchen and called
her to see his wife, saying she was very
SICK; ti1at she at once went in. She
says, II found her head thrown back,
her arms doubled up, eyes slightly open,
tongue protruding, mouth frothing. |
raised her head; she was perfectly con-
scious; from the time l entered the
room until she died, her body was
quiet, head completely thrown back |
raised her head, it was not stiff; it was
warm" Did not see any movements of
the muscles of the face after went in
opened the fingers very easy; she did
not move hands or feet or any portion of
her body; her mouth was open and
tongue protruding; she died about five
minutes after got there che was dead
when the doctor got there, (meaning DIR.
Burnett).
Mrs. Watson swears: II saw her.
(meaning Mrs. Bentley, about half past
eight; when l went in there was no one
there bat her (meaning Mrs. Bentlv1
and the servant girl; she was dead
when l got there. The told me she
gave one breath and fell back and died
She looked natural; was lying in bed
with her arms straight and at her side.
Her daughter (Mrs. Pouyfourcat) and
rubbed her arms and face and we were
trying 10 bring her too: we thought abe
had just gone into faint; her arms and
face were warm and soft: her hands
were warm and soft when | touched
them, and open by her side; noticed
no twitching of the muscles at ALI:
there was no movements of the body
after | got there; she was dead when I
got there; she had no spasms or con-
vulsiens."
Mrs. Pouyfourcat, her daughter
swears: Il saw her about O'Clock; she
had her arms drawn mp this way. Qshow-
ing them drawn up tightly to her body
and hands near the chin), and frothinc
at the moth Mrs. Watson and the ser-
want girl were there, the doctor came
half an hour after I got there abe
could not talk; she bad two spaams and
her eyes were rolled up; we rubbed her
with brandy, all her body, her arms and
her race; her arms were kind OF stiff
Mrs. Watson came before me. I said
on preliminary examination she had but
one spasm; | swore in the court below
che had but one spasm and died in Ave
after got there,''
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