The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-12
THE YosT MURDER TRIAL.
A Witness Affected to Tenrs-ProvinE the
PrIsoner,s UnfriendIipess Toward ost.

Prisoners UnfriendIiDess Toward ost.
JoHNsTowN, N. Y, Feb. 1.-THE court
convened at the usual hour this morning. The
press about the door did not begin at as carly
an hour a. Yesterday. on account of the rain,
which began to fall heavily at about o'clock.
when the hour for opening approached how
ever, all personal Inconvenience was disregard
ed, and general stampede was made for the
court room. After tho court had been call ed,
and all the Jurors found to be In their seats, the
prosecution proceeded with their testimony.
The first witness sworn this morning was WIN.
Potter, a butcher OF Johnstown, who testified
that on the morning Of the homicide, in COM
pany with Ricketts,, ho saw smoke Issue from
tho bank. lie tried the door, but finding II
locked, went to the window and lowered II from
the top. Then n volume Of smoke poured out,
which, In his opinion, made II unsafe to enter.
Ricketts, was then despatched for HAYS, part
ner OF the banking firm OF HAYS 4 Wells. When
through the window by witness. The door was
opened by Hays, aud witness followed him into
the bank, through the customers department., to
the bedroom occupied by Yost The body Of
Yost, the bed, and iron bcdstcad, were piled up
IN the southeast corner of the room, the mass
being on fire. The body wds badly Charred and
blackened. 1t was carried out into the other
room.
on cross-examination witness said the body
had on cotton shirt. loosencd about the neck,
but he did not remember whether 1t was torn.
There were two holes burned In the floor, the
larger one being about four feet ono way by
three feet the other, about two or three feet
from which was the body. Witness remained
about AN hour. then went home and returned 20
the bank In about twenty minutes. Tue body
had then been removed to sleigh on the side.
walk, preparatory to removing II to the old
Homestead. Witness testified to seeing a
stranecr show man about the bank during the
morning. lie spoke to John YOst, brother OF
the deceased. about getting some one to take
oner 10 helm about H. lie went with the body
In ha far md nm Ia rel IA ~
Andrew p Settle testified in regard T. the
scenes Of the morning nj the bank. The door
OF the bank was omen when he arrived. lie en-
tered the room and saw the body when It was
occasionallY lighted up by the fire. The clothes
were neaped up on the bed, and the body was
| lying on the bed which was on lire. There was
also n clOth lying across the forehead the an
kles were crossed, and no pin was on the shirt
| front.
DAVID Havs, partner in the bank and brother
in-law of the deceased, then testified that he
was 1rst to enter the bank through tho window
| on the morning OF the murder. His testimony
| In regard to the transactions at the bank agreed
| with that Of the preceding witnesses. AS no
detailed the discoveries made from the time he
| entered the bank he was visioly affected, and
| when he came TO the scene that He'd forth the
| exclamation, This Is poor Ell" he was so
much overcome "a TO be comlelle TO stop 70
| regain his selfpossession. The prisoner could
| not wholly concei the effect Of the incident
| upon him, and everybody IN court was affected
| MIR Hays testified that the last he saw Of Yo.t
| was on the previous evening at the bank. He
| WIS tlti setting MS tdnh account Tor the Gay,
| previous to going t. the show at Kennedy Hall.
| The key to the inside lock clrrcd by Yost. the
| only dunlic te OF which was In the possession
| Il David wells, the banker, was produced and
| Identified. lhe Itmplar's sword worn by Yost
| was found In tho b sement In the deDrs, which
| had had fallen through the hole burned IN the
| floor Witness SAID that Yost was IN the h bit
of carving large sums Of money bout his per;
| son. one or two otner witnesses were called
| To testify on the same subject.
The testimony In the afternoon went to show
| that Smitn was on unfriendly terms with Yost.
| one witness tcstined to quarrel between them
| shortly after the dissolution OF their partner
| ship. after which Smith was heard to say that
| he would get even with him n 1t took his life
| time
| The most important testimony was given by
| Mr. Summons, who ,wore that on the evening
! before tue crime was committed Smith had
| on the ground mat tie nad 1u-t given all he had
| u NOst. Smith answered, I'm 20 fer him"
| The witness evidently intended this to be taken
/ In the worst sense, but ON the crOss-ex tmiua-
! ton MI. Iremnn got him TO materially change
| the puruort Of Smith. remark. 80 that II meant
| nothing more than that he would 90 to him for
| the money. AZ r the murder. Smith went TO
| Summons AMI requested him to say nothing
| about the occurrence witness l.st saw Smith
o'cl. OK, when ne ltf; DIR. Stevens's office. Dur
| ing the evening. at tho Wemple House, after
several times drinking ale In other places In the
| village, Smith was sworn to have drank whiskey
Tue case - beiDg rapidly prosecuted, Judge
James insisting on long sessions and punctual
attend ince. The court was delayed for half an
| hour in Assem- OIiug at noon 10y the crowd which
| had forced its way into the passage leading 10
| tne court room. and VINO obstinatsly resisted
| entrance OF the necessary attendants OF the
| court. There was no respect of persons shown,
| Judge James ana Mr.. 1reman suffering delay as
| well 40 others. The Judge was tired Of waiting
tue action Of the police. and the crowd were IL.
| duced L. yield 10 the dignity OF his presence
| what they denied 70 the humber officers OF the
| law. lhe Judge Instructed the Sheriff to pro-
| vide against the repetition OF the diflc Ilty BY
increasing the police force.