The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-13
THE MURDER In THE BANK.
COMPLETING THE CHfTN or EVT-
| DLNCE -fGITNST SNITH.



Trnclna the Prisoners Movements Before
and AMER the Murder Repeated Threats
Against NO-t-Cumuiative Evidence.
JoHNsTOwN, Feb. l2.-The testimony pro-
ducod In the trial q Smith to day is so cumula-
tive and strong that 1t cannot G regarded other
wise than very damaging to the prisoner. The
movements Of Smith on the night Of the murder
and the following morning were further traced,
and a strong light thrown upon the relations
which had existed between him and Yost from
the time their partnership was dissolved until
the time the tragedy occurred.
Dr. Joslin, physician and surgeon. testified
that on the Saturday or Monday following the
scene at the bank he hnd made a microscopic
oxamnatio:i Of the supposed blood spots In the
customers department OF the bank. but found
that only those on the corner Of the counter
were caus a by blood. The spots on the match
safe and lhob Of the door he found not to be
blood, buthe did not enahze the substance TO
ascertain what II was. On cross-cxamination no
said that the microscopic was the only decisive
tost for blood, and that the spots from their
appear sacc, must have been made before the
Jam e. Mclntyre testified tn regard to the con-
vcrsct ion between Smith and Snmmons az sam
mons hotel on thursday evening, when Smith
tried 20 borrow the money. ne saw the pris
oncr enter the hotel, spe * TO one Robinson who
-at in 1he room, go ont TO The bar with him and
retuf ming. call Sammons outside and speak WITH
hlp in a low tone. rhi, was between 8 and
J Tcmiah Cole. an employee at the hotel. con-
nr sed the testimony of the last witness He
~ Ioght they were In cousersation not more
~ tue Of Peter Matthews at the hotel that even
irg.
: Shnith was the FIRST to inform him ~ the muir
Ter. Smith came 10 his shop at about O'Clock.
bank 'sad E S gIras1 Ih6p I'm ~ 90 10 psb she
up 20 the bank" He further testified that Smith
I oaths and the expression, damned - -"
This was objected to on the ground Of irele-
With the deceased. The prosecution said that
they, proposed to show that similar language
referring to Yos and hat tho Question a. oi ts
relating to him q tli- instance was for the jury
tion so far as to allow It to stsnd until the re-
| ception 10 the ruling of the Court W hled.
| On cross examination witness testified:
81 h appeared cAclicd vheu he Inf rncd me Of the
bsTr MsrH ae Ioli me llt td W. burned up
80 SO T. am" san !, . That's too bal "Ye.." ssii
and S e a. sa @ ho Tsf s asSs sS ga I'm 4 a. had seP Yo'
Mrs, Amanda Argcrsnger tcstiled that Smith
| passec ny her house that morning. She went to
up until he was called TO second time. In an.
@ s~er TO the question whether he had seen Yost,
dept Do a. se M haven't seen him. aud
| Phi,ip Bushart farmer living short distance
Iron ans village; swore that he saw smith that
\ coming into town. He stopped smith and in
fldleH Mhetheg Il was true that the banK had
,seh burned. Smith said No" Witness asked
yW yy,W WnetHer u was trus that Ell Yost was dead
V,ur..2 r..2 $40 40 1os' dead rs a door natl" Witness
fkeu hlm how II happened. and ho replied
S tabled O' "NN s0u'e Say u" was
ot.er witnesses wero called to show that at
~, .et M > !, CLOCK smith went Up Main street near
~ gSf.wu ia trout Of the bank. and Inquired
"nSt llp over there p and Hbruptiy termed
On Ms ntei aud went away, withous waiting for
SSiSs Tiinsas testified to his entering the bank
nut ltiore smith. Ihis was the titls when he
iva. ,e -, n,r ~ I, aayf pa! tas usec IN open-
the ny Aoner vita Yo,t. Ole of hnT%T BEN s~oPe re
rs en smilh and \ .st, smith said 70 Witness
th1t ho bad t-ken away some oi YOst's trale,
aug Ae quo taae away more.
Michael Holland, black.ul. l.. testified:
A. out the lest OF November lhsl couvorsaton with
s ab ~ ~ t'y 'i'i s~,q @ an now he came out. IL
Dn e Sgs,I yen hfaf. H. a,EG ne II ttoli hin SAID
- i'diise to cue his ,SSodt to- Id i0'' tie
Andrew Walker testified that shortly sfter
10 him, "Dont you tiink he - S1' euI.n SAID sald
Geown 20 The butcher shop, took the key to my
trunk trunk aud went through II, aud took out some
papers anu thinEs.' This reuHk was made Al
the market after Yost had eutered aud iHne.
HH,,tVI H, :, y Eone Guy: l0sts name was not used.
him. The remark was objected TO a. irrelevant,
and us the defence would STOW, not relating 10 |
exception taken. W
The next and last witness was Austin Peek. a |
colored man, who formerly ueddled nsh, and |
now IL IN the Ice business. lie related an inCi-
dent that occurred nD Efil another occasion |
brlug ~ doom In company with Smith and |
others Nost entered and passed by the grour |
who were seated around tie owe. just as he |
passed them, smith -aid, " There goes -"
using tle same e1pressiOn before employed by |
him. Icst then He'd them up t0 drink. and |
fultl went with the rest. EXCEPT witness who |
reluained behind. when NOst had gOno ont
witness sni1 u Smith, Il would not drink with |
:. ~ N = felt toward him as YOU do townrd |
Nost." smith replied, III | bad treated YOU az |
do" "'A' 10 4
Con'deFabe amusement was afforded the |
cgugt by tle cross-tXGlJ 40 zion. When hskl u |
MS reason Ter seiiinG lut hi. business And leay-
ing l ucd, witness replied; 60 didn't sell out: 1 |
tu'iod 9ul.' Judge Iieiaalu iu4ulied whether |
NltHtss'5 DIutEer-iu-llw, whom Ae d men. |
uyned, was also a colorod man. Witness ro- |
pied; " lce, he naturally would ie." BgIng ro- |
minded that white men sometimes married col |
9red women, Lee saidi " Aes, you Republicans |
do.' There waa heartY laugh throughout the |
Cal afiiiation.
Monday,