"James Smith, his brother and brother in law, were going out to survey and improve their land, on the waters of the Youghogany.--Expecting to be gone some time, they took with them their arms, and horses loaded with necessaries; and as Smith's brother in law was an artist in surveying, he had also with him the instruments for that business. Travelling on their way and within nine miles of Bedford, they overtook and joined in company with one Johnson and Moorhead, who had likewise horses packed with liquor and seed wheat--their intentions being also to make improvements on their lands. Arrived at the parting of the road near Bedford, they separated, one party going through town for the purpose of having a horse shod; these were apprehended and put under confinement.--James Smith, Johnson and Moorhead taking the other road, met John Holmes of Bedford, to whom Smith spoke in a friendly manner but received no answer. Smith and his companions proceeded to where the two roads again united; and waited there the arrival of the others. "At this time a number of men came riding up, and asked Smith his name. On his telling them who he was, they immediately presented their pistols, and commanded him to surrender or he was a dead man. Smith stepped back and asking if they were highwaymen, charged them to keep off; when immediately Robert George (one of the assailants) snapped a pistol at Smith's head; and that (as George acknowledged under oath) before Smith had offered to [87] shoot. Smith then presented his gun at another of the assailants, who was holding Johnson with one hand, while with the other he held a pistol, which he was preparing to discharge. Two shots were fired, one by Smith's gun, the other by the pistol, so quick as to be just distinguishable, and Johnson fell. Smith was then taken and carried to Bedford, where John Holmes (who had met him on the road, and hastened to Bedford with the intelligence) held an inquest over the dead body of Johnson. One of the assailants being the only witness examined, it was found that "Johnson had been murdered by Smith," who was thereupon committed for trial. But jealousy arising in the breasts of many, that the inquest was not so fair as it should have been, William Deny, (the coroner of Bedford county) thought proper to re-examine the matter; and summoning a jury of unexceptionable men, out of three townships--men whose candour, probity, and honesty are unquestionable, and having raised the corpse, held a solemn inquest over it for three days.