The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-23
THE MURDER In THE BANK.
END OF THE TRIdL or CHARLES
FREDERICK SMITH.
An Earnest Summing MP for the Prosecution
The story of tho Crime Recitcd In Brief
A Charge Decidedly against the Prisoner.

An Earnest Summing mp for the Prosecution
The story of tho Crime Recited in Brief
A Charge Decidedly against the Prisoner.
JoHNsTowN, Feb 22.-1u the two hours
occupied by Mr. Smith this morning In conclud-
ina his argument for the people. he examined
the validity Of arguments advanced by the
counsel for defence (Mr Tremaine) discussed
the crodibity OF conflicting testimony In the
case, and reminded the Jury that their obliga-
tions were twofold-to the people no less than
to the prisoner. II had been argued by defence
that man docs not by single leap plunge into
the de pths OF crme yet when IT IL necessary to
save his client he does not hesitate to charge
three unimpeached witnesses with a conspiracy
for ptltry brbe to hang an innocent man. lie
argued that Benson's course showed he was not
guilty OF such motives lie did not go from the
jail to John Yost or Mr.. Hays, but to the house
Of the defendant. He maintained the innocence
OF the prisoner until his knowledge became
known through his brother, the only person
whom he had made his conadant In the matter.
But the anxiety of Saith to place Benson under
OBLIGATIONS TO him strong presum Otive EVIL
dence Of guilt In regard to the allbl, he said,
II true. It is the most satisfactory evidence In
the world but n false, It Is well-niRh conclu-
sivo evidence OF quit.
In this case, admitting all the evidence sup
posed to establish It, IS there alibi well estab
seen at Smith's house, and the murderer
must have let him out of he bank. At twenty
minutes past one the prisoner was at Stevens's
house. 1t wouldn't have required over five min
utes to DO the deed, and Jennie Smith swears
tnat Fred -came w about nall an hour, 70 her
judgment, before the clock struck two. Where
was the alibi here, granting the truthfulness OF
the testimony on which II resis2
The testimony OF the witnesses was then dis
sectei, their relationship to the prisoner, and
the confession OF Jennie on the st 'nd-all OF
which must have Its weight In determining the
value of their evidence.
Almost every one present wept when the
Fiction OF an irreparLble injury upon an inno-
cent man. The prisoner sat unmoved.
Mr. smith concluded his argument at IN
hours In charging the Jury. lie said that
they had a choice between two .verdlcts
penalty penalty Of P0 death, O the otaer @ OF mprison one
ment for life. Though the circumstances
able doubt that II was murder In the first degree,
he explained that the dOuOt upon which an ac
quit might be based was not n fAncifu or
speculative doubt, but one which did not allow
a re lsonauie conviction Of the prisoners guilt.
The satisfactory nature Of crcumstantial evi-
dence its constant daily use, md It's puperiuflty
In onclusivencss t. uirsct positive eyi leuco Ia
some cases were described ana illustrated. In
TINS case the first two pr"poItions always
necessary to consider were conceded. Yost was
murdered, aud by the hand Of another. lhe
question remained, VINO did the deedt he mo-
tivcs the prisoner could have, and the fact that
no one el-e mad Deen shown hy evidence to h3r-
Dor cnmi.y to lhe victin the fact of his
ItIlOi kiONlruEt Nnl lWflliAltt INI committing
the act tho articles discovered which were
taken from the person of y ost ana those which
were tho .reitcall, empluted ia king his life
the conduct of the prisoner, his dOglinR
and shadOwing the footsteps of his victim
on the night Of the murder, and his
avoiding the scene on the following norDing-all
these were referred to snd exhibited In "a light
which was euinentiy satisfactory to counsel for
the people, thoueh IL gave rise to many excep-
tions by the defence. The connection est tb-
li.hed by the evidence OF Dice as to the iden ity
OF the coin In the prisoners possession with
that he had himself eiven To Y ost was submit
tod to their consideration. The pistol and watch
In the tank were unquestionably deposited by
the murderer. The silver piece on the cemetery
bank was undoubtedly Yost's, and the cart
ridges found with IL both fitted the pistol In the
tank and cUrresponded with the bullets found
In the brain OF Nost. 1t WIS for the jury to de-
termine whether the testimony Of Smiths mys-
ferrous Appearance and inquiry as to the depth
OF the tank al the gas house, IN connection wi
other Cirrum stances, sufficiently pointed him
out rs the murderer.
At l:3S 4. VI. the case was given to tho jury.
Al uidnigat tue jury was locked up for the
night.