The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-18
TUE MURDER IN THE BANK.
DRAMATIC INCIDENTS IN THE TRIAL
or CH1RLES FRED SMITH
The Mother, Sisters, Brother. and Brother-
in-Iaw of smith on the Stand-The Pris-
oner Allowed to Tell his Own story.

The Mother, sisters, Brother, and Brother-
in-Law of smith on the Stnnd-The Pris-
oner Allowed to Tell his Own story.
JoHNsTowN, N Y, Feb. 1.-THE first
witness called this morning was Seymour Part
ridge, the constable who took Benson to jail.
lie testified that Henson told him on the way TO
Jail that he would get into tho cell with Smith,
get something out Of him, and report 1t for the
reward Again, after his release, Benson de-
clared that he had heard nothing prejudiclal to
the prisoner and believed him us innocent
as he was himself.
Low N. Oudhout testified that about three
o'clock on the night Of the homicide he was
passing along the street by the bank on his way
homo from a call on IA friend. Just before
reaching the bank no heard noise which re-
sembled the snap OF cap or the report Of a
pistol. The sound proceeded from some OF the
buildings on his right. Again, after passing the
bank few steps, he heard another noise like
| the rafting OF door, and low whining sound.
| There was no ono to be seen the street at the
time.
James Harng testified that he passed along
the street that night, and That Just before he
reached the bank he heard sound IKE one OF
snoring: aud again. n few steps further on he
| produced by some one falling The clock struck
| two after he reached home.
| Charles Marsh testified that about 1890 on the
! same night two men passed him on the sidewalk
| I'm front Of the bank. lie saluted them, aud re-
ceiying no answer, he repeated the salutation
| with the same result. lie saw nothing peculiar
Mr. and Mrs. Thompson Morgan testified that
| at about II lck ON the night Of the murder,
| as they were passing along the opposite side Of
| the street, they a stranger putting a key
| into the door Of the bank. No one else was on
| the street in this vicinity, and no dog with
| MIN.
| on cross examination Mr.. Morgan testified
| that he had mentioned the Circumstance at
| home and at a store in the village. The street
| was perfectly empty OF people. He did not
| know whether the person was a stranger or not,
aud judged from hearing the sound OF metal
that he was putting key in the bank
| Edward Bridge testified that he mad been in
| the habit Of sleeping frequently with Yost. the
| last time in November, and that he had then no
silver pieces IN his possession. lie saw his ps-
john C. Henry, brother-in-law OF the prisoner,
| bad often seen silver pieces In Smiths posses
| sion previous TO the homicide.
William Smith, brother OF the prisoner, cor
roboratel the statement Of the last witness, but
| couldn't tell the denominations Of the silver
| pieces said the dog had belonged to him. and
| was given by him to Fred. and was kept tied up
| at his fathers sometimes, and snmetimes az the
| bank. lie wouldn't do ANYTHING II any one
| walked up to him with bold front. lie would
| sometimes grnwl. but never bite.
| Mrs. Brcvort Henry sister Of the accused, tes-
| tiled that on the night OF the homicide. not
| later than half past one o'clock, Fred came
| cend the stairs. and enter his room. which
| adioined hers. She heard him take OF his
| that time having been kept awake by sick CHILD
| She was positive that Fred had not left mis- room
| from that time until the next morning. when
his father called him from the foot OF the stairs.
| saying, MY God. Fred, get up; Ed. Yost Is
burned to death the bang !; on nre J, lie then
| down stairs, aud didn't see him again until 3 or
| 4oclock In the afternoon. Mrs; Henry also tcs-
| tiled 70 the prisoners having had coins In his
| possession since tho beginning Of his partner
ship with Yost. she had seen them in his
| pocket and also Ia small tox which she had
| discovered when looking in his trunk.
some discrepancy in the testimony Of this
| witness as given now and before the COroncr's
| fury. EXPLAINED by her Illness "a that
| The witness was subjected to searching cross
examination. and confessed that she had no
| means Of fixing definitely the time OF Freds re-
| tiring. and That she knew him only by his step.
| In reply TO the question OF MIR. Smith, II man
| noticed, she said Fred couldn't that night"
Mrs. Amanehs smith. the mother OF the pris-
oner, testified that she retired about 10 o'clock.
| The first knowledge she had OF Freds move-
ments on the following morning was when she
repeated the alarm OF the affair At the bank aud
saw Fred come down stairs. His clothes were
| not changed until the afternoon. When she
saw them In his room the spotted shirt, the
rent or blood spots. Witness said that the dog
was quite fayorite with the children, who
would play with him and tumble over him with
| out Receiving any harm.
Miss Jennie Smith. nfteen wears Of age. sister
| OF the accused. testified to Fred's entering the
house about half an hour before the clock In the
| room below struck :. she had the same means
steps, merely. The cross examination Of this
| witness WAS the most severe aud searching Be
! ing questioned closely as to her reasons for re-
mem boring precise ly the coins in her brothers
| possession, she was asked to tell the denomina-
tlons OF the pieces which were exhibited In court
| this morning. Tue witness attempted and fall
ed. Seeing that she wavered In her answers,
the question was put directly to her, Has any
| one m tins court made signs to YOU how TO
Rnswcrf' Jennie hesitated. The question was
| then made more pointedly direct " Has your
brother Fred been motioning to you tc direct
spto OF herself, led to the confession
! that her brother. on ttial for his
| life had shaken his head to her, and that IN con
| sequence she had changed her answer TO the
! question. rhe sensation IN the court was pro-
| found. The witness burst into tearT deathly
| p1llor Overspread the face Of the prisoner. and
| the most stony heart In the densoB packed
| court room was touched at the spectacle OF a
| youthful sister periured to save her brother
from nurderers fate. The remainder Of the
| examination was brief and conducted without
| severity but when MIR. 1remain began to direct
| Few questions TO eNtricate, u possible. the
witness from the terrible confession that she
| had been Influenced by the shake OF her
| brothers head, Judge James reminded him that
the minutes would show that the exposure was
| too complete, and the poor girl was dlsmissed
from the stand overwhelmed with grief,
| Chas. Fred. Smith, the prisoner at the bar, was
| then called TO the stand to tell his own story.
| lie narrated briefly the various steps taken by
| him on the eventful night and morning OF the
| murder, under the direction OF Mr.. Iremain,
gave All emphatic denial OF all the points direct
| ~ duplicating MIN IN guilt, and Offering his ex-
| PLANTATION of those which involved suspicion.
| His midnight exclamation in the prison, the eX-
| pressions he was charged with having made on
| several occasions Of hatred to \ Ost, were denied
| by prompt and emphatic - No, SIR" He was
still In tue hands Of friendly counsel when the
| court ad JOurned.
| Tomorrow will he a dav Of intense interest to
| crowded spectators who throug the court, and
| 10 the far greater numbers who anXiously wait
| TO learn by report what they are unable 10 gam
| directly bur 20 the prisoner II will he dav Of
| awful consequences; for In the hands OF Henry
| Smith lac can hardly fail to leave the stand with
| any doubt, in the minds Of the people at least,
as to his entire innocence or guilt.
| on THE EYE OF An INDIAN VAR.