The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-10
PRICE TWO CENTS.
THE J0HNST0WN MURDER.
UNRAVELLTNG THE MYSTERY OF a
DOUBLE CRIME.

The Trial Of Charles II. smith Tor tho Msr-
der Of Edward Yost-A Motion TO Qussh
tho Indictment Overruled-CaIii the Jury
JoHNsTowN, N. Y, Feb. 9.-The trial %
Charles Frederick Smith, charged with tbs
murder OF Edward Yost, on the eth day oI
March, 1875, began to-day In the Court OF Dyes
and Termlner, judge A. u. James, presiding.
with Associate Justices Jeremiah s. Austin ana
W. Robb. The counsel In the case are Districs
Attorney Keck and the Hon. Henry Smith of
Albany for the people; John NJ Carroll and the
Hon. Lyman Tremain for the defence. Through
out the day this village has been alive with excite
ment. The single topic on every tongue was the
trial. Public sentiment, which has long lncinsa
to accept the guilt OF the prisoner, noswith-
ing the exclusively circum ttantia nature of the
evidence against him, was greatly strengthened
ny the recent important dovelopments. The
uisc0vcry In the tank Of the Us house Of the
watch formerly belonging to Yost, and a re-
voyer with two empty chambers fitting the tive
bullets found In the brdin ol tne murdered msn.
promises TO furnish tie strc ngest link Ia the chain
OF circumstantial evidence that L. to detertnins
tho guilt or innocence OF the accused. Tho al
legged discovery Of the diamond pin worn By
Iost ~ not true. IL only remains to connect the
prisoner with the act Of depositing the article.
IN the tank, or to show the impos sibilty of such
an act from the condition Of the watch OF other
circumstances.
Never IN this vlllrge and rarely in the history
OF criminal Jurisprudence hasa mora horrible
and mysterious tragedy engaged public atten-
ton. II Is not merely Of local interest. The
hagrant nature Of the crime and tho emnenos
OF counsel rOnspre to create an interest In the
tragedy vastly dispropOrt TO the social
rank and influence OF the persons involved.
This morning your correspondent called on the
prisoner IN his cell and found him engaged in
blacking pair of boots. lie evinced great
uneasiness. Smith Is - years of age, about
hve feet ten inches III height, has BLACK eyes
and moustache aud hair, somewhat bleachsd
from the elect OF his long confinement.
he morning hour was consumed in assem-
bling the 1urymen, OF whom a special panel Of
l5J were drawn, In anticipation Of difficulty
from the statutory q Publications. The unox-
pccted success IN tmpanelnz tho Jury In the
afternoon hardly warranted the apprehension.
However, ten jurors passed the principal chai-
lenge before adjournment, but these will doubt
less DO thinned before the panel Is finally COM
pletod. Al the opening OF the court Mr.. Ire
main made motion to quash the Indictment.
on tho ground that in the examination before
the Grand Jury the District Attorney was assist
ed by other counsel, und by his presence at the
deliberations OF the Grand Jury violated their
required secrecy, and thereby yitiated the ln-
drtment. Mr.. Ireman entered into soms-
what lengthy argument to show that the power
was not inherent In the court Of appointing any
one to serve IN that capacity before the Grand
Jury.
Alter considerable argument and citation Of
cases IN different states whore the question had
arisen, the objection was Overruled and excsp-
tiOn ken.
The rest Of the afternoon was devoted to eE-
animation Of the jury. The facility with wnich
the reimihary WORK has proceeded Gives prom
iSe OF = speedy entrance upon the real work ef
the trial.