The morning news., 1889-01-11
AS IF HE WERE A DOG.
SMITH TELLS HOW He SHOT
FRANK RUSTIN.

y
The Letters That Rustin Wrote tc
Mrs. smith-He Was Willing to Die
for Her. and He Did-The Fatal Meet
ing Between Smith and Rustin-Mrs
Rustin on the Witness stend-Inci-
dents of the Trial-The Scenes in the
Court Room.
''May it please the court, the defense rests
its CASE said Hon. 2. w. Meldrim at
7:50 O'Clock last night, in closing the
second day Of trial full Of dramatic incl
dents, that Of W. P. Smith for the murder
of J. Frank Rustin.
The superior court at that hour took
a recess until 10 o'clock this morn
ing, at which time Solicitor General
Fraser will open for the state, TO be followed
first by Hon. Rufus f. Lester, and after
ward by Hon. Z. W. Meldrim, both Of
whom will speak for the defense. Hon. F.
G. duBignon will close for the prosecution.
The defense has relied on establishing
case of justfabe homicide-so that the
burden Of its proof has been to establish the
previous good character Of the defendant,
the provocatiOn OF the dead man in inter
fering with the domestic felicity of the de-
fendant's home, after promise to break off
attentions with Mrs. Smith, and at the
close establishing the fact that If Smiths
wife was unchaste be was ignorant Of IT,
The state has established the killing
which the defendant admits. 1t has sought
to establish the fact that Smiths wife was
an unchaste woman for the past two
years. and encouraged the liaison with
Rustin, and will argue that while Smith
did not have the right TO take a human
life, he was certainly not justified in doing
so for a woman who bore doubtful repu-
tation.
THE COURT ROOM PACKED.
Some idea Of the interest manifested in
the trial was more particularly noticeable
at the gathering at the court house when
the court convened in the afternoon. The
crowd was almost frantic, and half dozen
bailiffs could hardly preserve order. Men
crowded In at the risk of limbs and life, and
were packed almost to the smothering point.
Hats were knocked off, and men almost
climbed over each other to gain admission
During the progress of the Cassidy trial no
such jam was known, nor was the attend
ance at that trial to be compared with that
of Yesterday.
The first witness was COlored man,
Robert Floyd, who swo g that he rode with
Frank Rustin two miles up the country,
and that Rustin said he was going TO move
up into Bulloch county, slip down to Sa-
elope with his widow
Annie Bacon. also colored, corroborated
the previous evidence of Mrs. Rustin taking
her husband away from the basement of
Smiths house, that Rustin had slapped his
wife and she cried She saw Rustin have a
pistol that night She swore to carrying
notes between Rustin and Mrs Smith.
Richard Price, porter in the iron ware
house where Smith was employed, testified
TO carrying a note from Smith to the father
of Frank Rustin and the father had visited
Smith and had a conversation which Price
overheard, but he was not permitted to dis
close it on the stand
Florence Bruin. colored, testified to tax
ing a note to Rustin, and that the latter
then visited Mrs. Smith during the absence
of Smith at his work.
MRS. SMITHS CHARACTER.
W. r. Benson, who runs on the Central
railroad, roomed at Smiths house, and saw
nothing wrong about her aud heard nothing
wrong. He remembered one day last year
of her going up the Central, and that she
got off at No. l on the evening passenger
train. The state tried on cross examination
to disprove the chastity Of Mrs Smith, but
the witness had not left Smiths house for
any such cause. Since the killing be had
heard some say she was vlrtuous and some
say she was not.
ductor alluding to the statement of the
last witness as to Mrs. Smiths trip on the
Central, said that she got on at Blooming
dale and got off at No. /. This was about
two months before the killing
A. w. CoTker roomed at Smiths Saw
Rustin there on two or three occasions
when Smith was absent He overheard
conversations, and once or twice Mrs.
Smith crying and begging Rustin to leave
the house as he had caused her enough
trouble. Another time the witness
heard her tell Kustin if he didn't go
away and let her alone she would tell her
husband. Rustin said thai he had a pistol
and would Use it. He wanted to put Rustn
out of the house, but Mrs. Smith begged
him not to do it as it would cause scandal
and Mr.. Smith would find it out, and there
killing Mrs Smith was crying while Smith
was in the room. Smith called the witness in
and asked his wife to tell the truth if there
had been any criminal intimacy
with Rustin. This was about
4:30 O'Clock in the afternoon, and the shoot
ing was at o'clock. She denied that there
had been any intimacy. When Mrs Smith
left the room, Smith told the witness that
Rustn had caused HIM more trouble than
he was aware of, and had told the defend
ants wife lie would kill her husband; that
he was aware that Rustin was following his
wife, after promising 10 keep away from
her. Smith wRs IN n frenzy, and the wit
ness advised him to take ride on the Belt
line, and it would relieve him. Afterward
he advised him to take walk in the open
air and he would feel better To this Smith
consented, saying, Don't let my wife know
i am going. She is all quiet now, aud
don't want TO disturb her. "
THE MOSQUITO NET INCIDENT.
On cross-examination the state sought to
connect Corker in an intimacy with Mrs.
Smith or get him to testify TO her reputa-
tion as bad, but it failed. He denied that
when W. {. Butler went 70 put up a mos.
quito net in Corker's room Mrs Smith went
out OF the room en- dtSh0biile or otherwise.
or that she was n bis room at all when the
net was put up. Tue witness identified
Rustin's handwriting IN the letters which
follow by comparison with n letter address
ed to Mr. Meldrim, Aug. p, 1886. regarding
negotiations for the renting Of place in
Bulloch county.
J. j. Brewer, who roomed in the house
and runs on the Central railroad, saw
Smith, Smiths wife and Corker in tina par
lor the afternoon Of the evening Rus,in
was shot. Mrs. Smith was crying. Smith
seemed unusually excited. This was 5
O'Clock. The witness did not then know
the cause, and hurried away 20 81 on the
"Shoo Flyn train. When he picked up tho
MORNING NEWS the next day and read the
account OF the tragedy tue problem TO him
was solved.
Cant ErapL pIsir hoe -, oosoo l., Il