The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-15
TIE JOHNSTOWN MURDER.
THE INTEREST IN THE TRTiL or
FRED. SMITH UNIBATED.



JoHNsTowN, Feb. 1.-THE inevitable
crowd in and about the court room where ponds
the fate Of Fred Smith testines to the intensity
OF the interest in the Yost murder trial. The
morning session was consumed in the examIna-
ton II several witnesses recalled to testify in
relation to facts previously developed. and in
the reading Of Smiths deposition before the
Coroners jury In March, 1870 Or. Burdick tes-
tiled that the ball lodged In the brain Of the de-
ceased must have entered previously 70 sufoca-
ton, as indicated by the condition Of the
wound both before and behind the ball. Ma
than f. Wells. OF the banking nrm, said that his
books showed that the last deposit Of 500 was
made by Yost on Feb. y, and that 1t was about
8 o'clock when Yost's pockets were searched.
Sheriff Dunn testified that week or two after
the homicide, assisted bv Detective Miller and
two other persons, he had made a thorough
search Of the prisoners room and trunk, but
found nothing which cast suspicion upon Smith.
Three or four detectives were employed on the
case. Smith was also testified to have been seen
about o'clock at the bsnk after the hodv was
removed, and to have taken away some Of
Yust's books.
Passed her house on the morning Of the murder,
and did not reilly when called. he had on a cap,
but she could not say that It was drawn over his
ewes. ndcr eros tminltion she denied hav-
ing said recently to Smiths mother that such
was the Cise.
Charles D. Boone. Clerk " the Coroner's jury,
was next called and read SMITHS deposit ion
before tho jury This alleged that the relations
between the prisoner and YOet up to the day OF
the murder were Of friendly character; that
no Smith frequently slept with Yost mt the
bank, and hal done So about week previous
to the murder; that he had seen strangers about
the bank late ID night; that on one occasion
sponge belonging In the meat market was
found in the bank In the morning. aud the win
dow was lower than II was left the night before !;
that lost had formerly horse pistol, and lat
tl 1gf nm Ilta fult 10
at night on going 10 bed that Yost's dog was
cross to nigccrs. but friendly after becoming ac-
guainied In regard to TIE money received
from YOst. the deposition said that some silver
pieces had been taken from the drawer nj the
meat market in exchange for paper money.
some OF these were loaned as pocket pieces aud
some Kent ia the bureau at home.
Witnesses were then called who testified that
Smith On Sunday had told several persons at the
farm that he went to bed al IL o'clock on the
night Of the murder; and that Smith had said
Ia February. whcn Ia conversation with John
Hust, after denying that there was much trouble
between him and the murdered man, that
"Wheneycr Ell finds 4 I'm out nights hell Is
to pay. motion was made and granted t.
strike ont the last question NJ irrelevant and
tendtng to rr9iuoire the prisoner. ..,....
pOyed In the case, testified that on sunday night
he was in the room where the body u Iost lay.
In company with Detectives Miller. Creighton.
and Others. and that tho prisoner " 5 asked into
the room by Mr.. Miller for the purpose of seeing
being asked 10 remove the lid Of the coffin he
undertook to 90 80, bur failed. and had 20 hc
SISTED by Creighton. This testimony was cor
roborated by those present.
Reuben :. Blood testified that on March 10 the
prisoner paid him for livery 1880 having at
oh the night Of the homicide. On cross-eXtin.
inatiun witness said that Smith didn't tell MIA
he got the money from his mother
Peter Bicc, shoemaker, was then called to
establish one Of the strongest links in the chain
| Of evidence. Previous To- the homicide he had In
his possession twelve silver dollars, ono 81 them
obtained two years before at one Squires's. In
| Albany, on tue edge OF which were three small