The morning news. [volume] (Savannah, Ga.) 1887-1900, 1888-07-22

long or not, but he Aeu ueai 70 Tue con-
trarv, and that he mad known her only a
/ little more than year. He said that Smith
! first told him about his troubles on Friday
morning You have have no idea the
/ trouble that this man has caused me-
Smith said, and ne told the witness that
Ru>tiu had ahenated his wife's affections
and that if he did not keep away from her
be would shoot him.
PROMISED TO LEAVE TOWN
"Smith told him that Rustin had prom
ised TO leave town. but that he had not done
50. Abiding 10 the conversation that the
witness overheard between Rustin and Mrs
Smith, he said that he heard Rustin say that
he was not afraid OF Smith. Mr.. Corker
said that he was present at a conversation
between Smith and MS wife at their home
on Friday morning. Smith repeated then
that Rus-ln had aleuated his wite's affac
tions, that the wOrliment had untitled him
for business and the matter must come TO
an emf. Smith afterward related TO Mr..
Corker the circumstances of Rustin passing
Lowell s; Sons warehouse in the morning,
where he was employed, and the way that
he peered into the place aroused Smiths
suspicious that he was following his wife,
whom he knew contemplated going TO Tybee
in the afternoon Mrs. Smith afterward
tod her husband that Rustin must have
seen her get on a Broughton street car, and
the Coast Line junction.
SAW HIS COUSIN SHOT
W. Knox Rustin, the murdered mans
cousin, who was standing by him when he
was shot, was then put on the stand. he is
a policeman at the Savannah, Florida and
Western railway wharves. After he quit
duty on Friday night he started TO go to a
grocery at West Broad and Bolton streets
On MS way there he saw his cousin, Frank
Kustin, driving IN his sUlky and stopped
him. While they were talking he saw a
man start TO cross West Broad street and
come towards them. When he was within
a few steps tho man drew a pistol and shot
at his cousin. One or two shots were fired,
the witness said, and then
Frank Rustin fell from his sulky.
The witness stepped back few
steps and shouted Murder" The man
walked up and, standing over the body,
fired two or three shots more and, the wit
ness thought, emptied his pistol. The man
then turned to Rustin and asked him to go
to the barracks with him. Rustin replied
that he would get policeman TO take him.
The man insisted and Rustn started with
him across the street just then he met
Policeman Mikell, who took charge of the
man. Rustin identified Smith, as he sat in
court, as closely resembling the man who
did the shooting, and he believed that he
was the man.
SHOT WITHOUT A WORD.
There was not a word spoken, he said,
when the shots were fired They were fired
behind the murdered mans back. Rustin
saw Smith throw out the empty shells
from his revolver, but could not remember
seeing him reload it. He saw Smith start
to cross the street toward where he and his
cousin were standing before the shooting
took place, blft did not know who he was
or what he wanted until the fatal shot was
fired. He knew nothing, he said, of his
cousins family affairs, but he had heard
rumors Of an intimacy between his cousin
and Smiths wife 1t was generally under
stood in the family that there was an init
macy between them, but the witness said
that he knew nothing about it.
This closed the testimony. Mr.. Meldrim
asked that the prisoner be allowed to make
a statement or that he be sworn. Solicitor
General duBignoh replied that a statement
from the prisoner, either without being
sworn or under oath, would .necessitate the
introduction Of many witnesses, and would
prolong the investigation further than it
need be carried.
CLAIMED THE RIGHT TO BE HEARD.
Mr.. Meldrim still claimed the right for
the prisoner to make a statement The
coroner said that he did not consider it
necessary that statement should be made
at all He had other testimony, he added,
that would bring matters directly to the
point but he believed that the investigation
had already been carried far enough, and
that sufficient evidence had been adduced
for the jury to reach a verdict.
Mr.. Meldrim then demanded that the
prisoner be heard, and he referred to the
precedent which the coroner established in
the Abrams case. The coroner asked the
jury if it desired to hear the prisoners
statement, but it had already heard enough
The court room was hastily cleared of
spectators. The prisoner aud his counsel
were taken into the Justices private office,
and the jury began the consideration of the
evidence
While the jury was celebrating Smith
said TO Solicitor General duBignon that as
he had always been a good citizen and
sober and lndu trlOus man, he hoped thee
would be no trouble about giving bond
The solicitor general replied that in ordi-
nary cases there was little doubt of the bond
of a good man being taken, but in this case
it is wholly matter in the discretion of
the court Smith, it is understood, will
make an effort to have the question brought
to the attention OF the court by a formal
application for bail.
WE CONSIDER 1T MURDER
After being in session twenty minutes a
verdict was reached; the doors were thrown
open ana the prisoner was brought in The
verdict read: I'VE, the jury, find that j.
Frank Rustln came to his death by pistol
shots from the hand of William 2. Smith,
and we consider it murder"
There were ten signatures to the verdict,
two of the jurors refusing to sign, believing
that the killing was justitiable They were
e. Nj. Barton and J. Hardness. The jurors
who signed the verdict were j. E. Campos,
c. A Cope G. Thomson, j. NJ Fritch, J.
GaSque, j. X. Simon, Harry Palmer, p j.
Golden, b. H. Wilson ard F. st. J. Tripp
The prisoner listened to the reading of
the verdict without moving n muscle or be-
traylnR the slightest emotion. His wife.
who had been in the Justices private office
during the investigation, left before the
jury brought in its verdict. The crowd
which had been waiting to see the prisoner
taken away was disappointed, for he was
kept in the Justices office for some time
after the investigation closed Coroner
Dixon Immediately issued a commitment
and the prisoner was taken in charge by
the officers.
TAKEN TO JAIL
To avoid the crowd Officers Wetherborn,
Endres and special baihff Harvey slipped
Smith out the back way and along a back
veranda TO Justice Naughtin's office, emerg-
ing with their prisoner on Bryan street, AMI
from thence to dayton street. The crowd
had a sentinel at the window, who discov-
cred the exit of the officers, and as the
luoker-out criod out, there they go" the
crowd that blocked the street in front of
Justice Moliuafs office made a break south