The morning news., 1889-01-11
THE MORNING NEWS: FRIDAY, JANUARY II, 1889.

testimony the state rested its case. She was
escorted TO the witness stand by court
balliR, and as she removed the heavy black
veil pale face as disclosed, which was an
attractive one and youthful looking. Her
voice, low at first and full Of pathos, had
the most pleasant tone OF any heard in the
court room during the trial. 1t was face
ana voice that were winsome, and her story
carried with it the impress of truth, and
nowhere in the lengthy narrative, told when
there was quaver in the tone, and gath
erlnZ tear, more than once. did a trace Of
bitterness appear. 1t was a story strongly
corroboratlye of the statement Of the man
on trial for the killing of her husband
In October, 1887, she had found q letter
in her hush and's pocket addressed to Mrs
Smith. She used it as a decoy. Copying
1t as near as she could to initiate his hand
writing, she added that Frank Rustin's " ife
had gone t. the country for two or three
weeks, and suspicion would not fall on him
II her letters were directed TO Mrs. Frank
hustIn, at the hOuse-that would be safer
THE DECoY LETTERS.
In a week she received one and three
others after. Mrs Smith he SAID, had
called Frank Rustin my own sweet abyh
and my own sweet darling In one letter
that Mrs. Smith had written she said that
she was stopping in the country at her
brother-in-laws; that he must on his way to
camp meeting stop and bring her an oil
cloth gossaner.
1t would be an excuse for stopping, but
he must he more careful as things were not
as they were at Mrs Dukes, that she was
miserable and unhappy wi h Smith and she
would like to be with Rustin; that on Mrs.
Smiths return she had visited her and CON
fronted her with the letters and she had
promised to let Rustin alone if she would
not show the letters to Smith. She ackn0wl-
edged that she was doing wrong, and asked
forgiveness, and Mrs. Rus,in after exacting
the promise from her forgaye her.
The rest of Mrs. Rus,ln's narrative cor
roborated Smiths statement, including the
conference. In addition to that, she said
that when she went to see Smith he had
told her he had had trouble about his wife
being out at night and one night he went
home and found her gone and the children
locked out of the house. She also said that
after the conference, on the same day when
her husband went back to return Mrs.
Smiths photograph to Smith, as Rustin
came down the steps of the stoOp from the
last interview with smith Mrs. Smith was
in the basement and slipped a note through
the lattice work to her husband, and on the
following Monday night they met again.
FAILED TO KEEP THE PLEDGE.
Mrs. Rustin, in the cross-examination.
which was not rigid, and hardly leading,
detailed how both Rustin aud Mrs. Smith
failed TO keep their pledges, but that they
had had several trysts, and that her hus-
band had met Mrs. Smith by appointment
on the day of his death; that Rustin had
broken tho VOWS made to her and Smith,
and Mrs. Smith had broken the pledges
made to her and Mr.. Smith. The
witness sad: Il really believe
Smith intended to do right, and wanted me
to live with my husband and he with his
wife" lie said that three months before
that he wouldn't live with her if she didn't
do right, and that Dukes had told him he
had cursed his sister and said he oughtn't
to live with her the way she was doing aud
that Smith had said he would kick her
down in the street If she continued to stay
out at night.
The defense called several witnesses to
prove that Mrs. Smiths reputation for
chastity was good among her husbands
people, and in the neighborhood where thev
lived and whore she rented, and rested its
case after brief statement by the prisoner.
He denied the truthfulaesS Of Buffers state
ments, and cited q ueghbor who had
warned him of the character of his
tenant, whom he had ordered out of his
house. lie said that he thought
Mrs. Rustin misunderstood him about the
manner in which he spoke.of his wise He
had told her that he came nome at O'Clock
oue evening aud found the nurse and chill
dren outside, but his wife returned shortly
after and accounted for herself and he had
made an inquiry and found that she had
told him the truth. Dukes had not made
any such statement to him to his recol-
lection.