Trial of Charles Bennett, 1903
New Jersey Courier 17 Sep 1903
The trial of CHARLES BENNETT, of Tuckerton, for the murder of MRS. MARY A . DARBY on the morning of Christmas Day, was begun before Justice BENNETT VAN SYCKEL at ten o'clock Monday morning. For the state, Prosecutor BROWN was aided by I.W. CARMICHAEL of Toms River, EDMUND WILSON of Red Bank, and SAMUEL A. PATTERSON of Asbury Park defending Bennett. It took but an hour and fifteen minutes to secure a jury, the defence exhausting its twenty peremptory challenges for cause being allowed the defence by the court, and the State using seven challenges. The jury consists of :
J. WESLEY BREWER, electrician, Lakewood
WALTER C. HYDE, carpenter, Lakewood
WILLIAM T. GIBERSON, lumber dealer, Toms River
PETER Y. VEEDER, farmer, Bayville
CHARLES WILLIAMS, farmer, Forked River
SAMUEL BROCKWAY, farmer, Bayville
GEORGE W. ANDERSON, laborer, Point Pleasant
CLARENCE HARDY, undertaker, Point Pleasant
CHARLES STOUT, farmer, Cedar Creek
JOHN W. WHITE, mason, Whitesville
CLAYTON C. HURLEY, carpenter, Lakewood
CHARLES S. EMLEY, laborer, Point Pleasant
When BENNETT was led into court by the Sheriff, he seemd self contained and looked neat and clean in a partly worn business suit. His eye roved continually about the court house, and he seemed to be little concerned in what was going on. His hands trembled however and fingered nervously the rim of his soft hat, as the hands of any man, whether innocent or guilty, might when on trial for his life, his face and hands showed the prison pallor, but when he came into court he stood upright and straight, very different from the slouchy step with which heleft the train to walk to jail one evening nine months ago.
During the selection of the jury, he looked straight in the eye the men he knew from Tuckerton, who were called as jurors; but after the jury was sworn Monday morning he tu rned his back on the jurors and witnesses alike and did not even turn around to look at the clothing that had been worn by Mrs. DARBY on that eventful night, as it was being identified. The revolver, match, and other articles had no great interest to him, and he sat with his back toward them all. In the afternoon he sat facing the jury, but apparently had no interest in the proceedings.
The selection of the jurors was a dramatic scene. As each juror advance to the bar the Clerk called upon the juror to look upon the prisoner, and the prisoner to to look upon the juror, and then asked for challenges. Under the recent decision, all challenges had to be made before the juror was sworn. However, the counsel were allowed to swear the jurors and question them under oath, before accepting or rejecting them as talesman.
Mr. WILSON for the defense had a series of questions that he asked each juror: do you know the defendant? Do you know any of the witnesses? Have you formed an opinion of the case? Is that opinion one that would prevent you fro giving an impartial verdict after listening to the evidence and to the judge's charge?
These questions were varied but little. For the stae, Mrs. CARMICHAEL merely asked if the juror was prejudiced against hanging or capital punishment? GEORGE W. MOTT of Tuckerton sat beside the lawyers for the defense and aided them during the selection of the jury, but the prisoner did not make a single suggestion to counsel.
The defense challenged:
JAMES APPLEGATE, Jackson township
ISAAC M. TAYLOR, Stafford Township
THOMAS J. STACKHOUSE, Waretown
LEROY W. AUSTIN, Tuckerton
HARY L. LUKENS, Surf City
EUGENE GARRISON, Tuckerton
CHARLES E. MCKELVEY, Dover Township
ROBERT W. MORRIS, Point Pleasant
THOMAS B. HAZLETON, Manahawkin
RALPH M. COX, Lakewood
WALTER E. ADAMS, Lakewood
FRANCIS H. POTTS, Beach Haven
WILLIAM B. PENN, Forked River
EDWARD T. FRANCIS, Lakehurst
THOMAS I. GRANT, Toms River
WILLIAM J. GLOVER, Ridgway
CHARLES F. JONES, Waretown
WILLIAM C. CRANE, Long Beach
JULIUS FOSTER, Bay Head
WILLIAM B. WILKINS, Waretown
The State excused ELMER KING of Parkertown, WLLIAM A. PARKER of Island Heights, THEO. L. APPLEGATE of Dover, ABNER P. GANT of Lakewood, and DANIEL W. POLHEMUS
The trial of CHARLES BENNETT, of Tuckerton, for the murder of MRS. MARY A . DARBY on the morning of Christmas Day, was begun before Justice BENNETT VAN SYCKEL at ten o'clock Monday morning. For the state, Prosecutor BROWN was aided by I.W. CARMICHAEL of Toms River, EDMUND WILSON of Red Bank, and SAMUEL A. PATTERSON of Asbury Park defending Bennett. It took but an hour and fifteen minutes to secure a jury, the defence exhausting its twenty peremptory challenges for cause being allowed the defence by the court, and the State using seven challenges. The jury consists of :
J. WESLEY BREWER, electrician, Lakewood
WALTER C. HYDE, carpenter, Lakewood
WILLIAM T. GIBERSON, lumber dealer, Toms River
PETER Y. VEEDER, farmer, Bayville
CHARLES WILLIAMS, farmer, Forked River
SAMUEL BROCKWAY, farmer, Bayville
GEORGE W. ANDERSON, laborer, Point Pleasant
CLARENCE HARDY, undertaker, Point Pleasant
CHARLES STOUT, farmer, Cedar Creek
JOHN W. WHITE, mason, Whitesville
CLAYTON C. HURLEY, carpenter, Lakewood
CHARLES S. EMLEY, laborer, Point Pleasant
When BENNETT was led into court by the Sheriff, he seemd self contained and looked neat and clean in a partly worn business suit. His eye roved continually about the court house, and he seemed to be little concerned in what was going on. His hands trembled however and fingered nervously the rim of his soft hat, as the hands of any man, whether innocent or guilty, might when on trial for his life, his face and hands showed the prison pallor, but when he came into court he stood upright and straight, very different from the slouchy step with which heleft the train to walk to jail one evening nine months ago.
During the selection of the jury, he looked straight in the eye the men he knew from Tuckerton, who were called as jurors; but after the jury was sworn Monday morning he tu rned his back on the jurors and witnesses alike and did not even turn around to look at the clothing that had been worn by Mrs. DARBY on that eventful night, as it was being identified. The revolver, match, and other articles had no great interest to him, and he sat with his back toward them all. In the afternoon he sat facing the jury, but apparently had no interest in the proceedings.
The selection of the jurors was a dramatic scene. As each juror advance to the bar the Clerk called upon the juror to look upon the prisoner, and the prisoner to to look upon the juror, and then asked for challenges. Under the recent decision, all challenges had to be made before the juror was sworn. However, the counsel were allowed to swear the jurors and question them under oath, before accepting or rejecting them as talesman.
Mr. WILSON for the defense had a series of questions that he asked each juror: do you know the defendant? Do you know any of the witnesses? Have you formed an opinion of the case? Is that opinion one that would prevent you fro giving an impartial verdict after listening to the evidence and to the judge's charge?
These questions were varied but little. For the stae, Mrs. CARMICHAEL merely asked if the juror was prejudiced against hanging or capital punishment? GEORGE W. MOTT of Tuckerton sat beside the lawyers for the defense and aided them during the selection of the jury, but the prisoner did not make a single suggestion to counsel.
The defense challenged:
JAMES APPLEGATE, Jackson township
ISAAC M. TAYLOR, Stafford Township
THOMAS J. STACKHOUSE, Waretown
LEROY W. AUSTIN, Tuckerton
HARY L. LUKENS, Surf City
EUGENE GARRISON, Tuckerton
CHARLES E. MCKELVEY, Dover Township
ROBERT W. MORRIS, Point Pleasant
THOMAS B. HAZLETON, Manahawkin
RALPH M. COX, Lakewood
WALTER E. ADAMS, Lakewood
FRANCIS H. POTTS, Beach Haven
WILLIAM B. PENN, Forked River
EDWARD T. FRANCIS, Lakehurst
THOMAS I. GRANT, Toms River
WILLIAM J. GLOVER, Ridgway
CHARLES F. JONES, Waretown
WILLIAM C. CRANE, Long Beach
JULIUS FOSTER, Bay Head
WILLIAM B. WILKINS, Waretown
The State excused ELMER KING of Parkertown, WLLIAM A. PARKER of Island Heights, THEO. L. APPLEGATE of Dover, ABNER P. GANT of Lakewood, and DANIEL W. POLHEMUS
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