The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-11
THE YOST MIRDER TRIAL.
A Difhculty in Obiniuing JurSmen who had
not formed an Opinion.

JoHNsTowN. n. y, Feb. 10.-'The men,
bers AMI attendants at court we're very pune
tual IN as. emhlng this morning, and the couit
was promptly opened at o'clock. The work OF
iupanelling the jury was resumed. Last even
Ing. when the Court adjourned. twelve jurors
occupied the box, and the privilege Of perenp-
tory challenge had already been so freely exer-
cIsed that II was supposed the panel might be
completed by noon to day. 1t soon became APP
parent, however that the principal challenge
was to be more closely pressed by the defence
as to the previous formation Of an opinion re-
specting the guilt Of the prisoner. Tho morning
session closed before the challenge was complet-
ed, and at that time there remained but two Of
the tw elve who were IN the box last evevlng.
The loophole for escape opened by excusing on
the grlun" OF Impressions formed, threatened
% exhaust the whole panel before the jury
should be formed.
bling block was whether, Notwithstanding such
imprt ssion or opinion, btsed on hoarsay or re-
port, they would sil be able fairly ard Impair
ually 10 give a verdict on the testimony pro-
duccd In court. The uncertainty - the ma
juutY on tins subject showed now difficult II Is
for iurlman 10 observe the old injunction,
Know thysoli." II Is marvellous how lew were
found who could ofirm with any degree OF GER
tainty concerning their clnAclty 10 free them
selves Of the prejudice ot former opinion.
Whether the rather vcNatiOus ignorance which
prevailed on this subject was attributable to an
unfortunate neglect of psycholo-i cal study, or
whether their self knowledge was slightly
warped by the disagreenble prospect Of sitting
on jury, would be an Interesting question.
The morning session was prolonged, In hopes
of ootaining an entire panel before adjourn
mont. The court was, however, dismissed unrl
r. NJ, md then tho impauelllng OF the Jury
WAS resumed. At r. NJ. tho panel WIS COM
pleted, selected from the nr.t eighty VINO an
swerod to thoir names. After the jury was
sworr, District Attorney keck occupied about
IN hour IN opening the case for the prosecution.
BlcilY, and without any gttempt nj rhetorical
cm' Enlistment, he indicated the different lines
of evidence which the prosecution would fol-
low. The principal points which they Will un
giVonto young lady by Smith were those which
were In the possession OF lOst INN ediately
previous To the murder; that the pistol and
watch had been deposited by the prisoner In
the tank at the Gas house, anl that the cartridges
and the old coin Ga present from lOst's nOtheD
had been hidden in the cemetery 10y him. Dur
ing the review OF the events on tho night Of the
murder. and the picture OF the character which
he had previously borne, Smith watched the
speaker with Intense interest, partly turning his
eyes away for an instant but did not appear
Otherwise affected. His brother, who sat near
him, was much more agitated than the prisoner.
Tho FIRST witness was sworn at L. NJ. J0hn
Vest, "a brother Of the murdered man, testified
that on the night OF the murder, at about IL
O'Clock, his brother had spent "A few minutes
with him and n friend at n hotel where the lat
ter was stopping. lie had "a distinct remem-
brance Of seeing the watch on his Lroth-
er. lie saw II Just before his brother a!ted
for the bank, The witness was also positive
that the diamond, which has not yet been
found, was worn by his brother on that night.
He did not see his brother again until his body
was found at the bank on tao following morn
ing.
noon WAS IN substance that given before the
COIOupT'A