The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-01-10
ON TRIAL FOR HIS LIFE.
w. P. SMITH PLEADS NOT GUILTY
TO FRANK RUSTIN'S MURDER.


with Spectators during the First Day
of the Trial-Four Panels Of Jurors
Exhausted before Jury is Obtained
The Prisoners Appearance in CourI
The Beginning of the Testimony
Smiths Good Character One of the
Points upon Which the Defence is
Relying--he Letters between Rustin
and Smiths Wife to be Introduced
To-Day.
The trial of w. P. Smith, for the murder
of J. F. Rustin, began at 10 o'clock yester-
day morning in the superior court. The
court room was crowded 10 its utmost
limit. Every seat was taken inside the bar
and outside. in the lobby, standing room
was at a premium. The lobby was a dense
mass of black faces, in which there was a
rprinklink of Dinahs--a murder trial al
ways crowding gallery and corridor. There
were some pictures in The front row Of the
gallery that reminded one Of tho pictures Of
the "darktown brigade" During the
morning recess not single one stirred from
the beaches up there, because the door was
crowded with anxious ones who wanted but
one chance to get in, whether to sit or
stand.
Inside the bar was a different collection.
The interested and the curious were there,
and the young lawyers were nearly all
present, intent on taking points on what is
to be a celebrated case. Grouped about the
table of Smiths counsel were the
friends of the prisoners family and
his own friends, who volunteered to come
and aid his cause by their presence.
THE PRISONERS FRIENDS.
Among them were Hon. G. W. Smith
ordinary Of Tattnall county; John Hughey
Esq, county school commissioner; I. j.
Williams, Judge of the county court; 7. j.
Lee, clerk of the superior court; Hon. J. T.
Brewton, representative from Tattnall
county Hon. T. ]. Mattox, former repre-
sentative; Hon. ii. J. Magee, of the Reds
vile bar; and William Smith, the father of
the accused AS the defendant sat bet cen
his counsel Hon. Rufus E. Lester and Hon.
p. w. Meldrim, ana surrounded by such an
array Of friends, he could well feel that
while a grave struggle was before him, he
was not going into IL single-handed.
At the table in the rear sat Solicitor Gen
eral Fraser, and to his left Hon. F. G.
duBignon, who is assisting in the prosecu-
ton, the latter having Investigated the kill
ing in bis official capacity before he resigned
the Office Of solicitor general To the rear,
and in constant consultation with the states
counsel, sat Seaborn B. Rustin, father of
the murdered man.
The prisoner was dressed in G neat suit of
black, with cutaway coat, and fautless
linen. lie has grown full beard since his
Imprisonment last July. The log dark
mustache has grown into and intermingled
with the beard until it becomes part of it.
His hair which was dark, is cut short His
face is one calm in facial expression, but
occasionally he nut his hand nervously to
and from hS face without any apparent
reason.
ARRAIGNED FOR TRIAL
It was nearly 1915 O'Clock when the pris
ouer was arFaigued. Solicitor General
Fraser read the Indictment, which charged
that on Friday, July 20, 1888, w. 2. Smith
shot and murdered ]. F. Rustin. The in
dictment had the usual redundancy of legal
phrases, but the prisoner listened very at
tenuvely to the document, and when its
reading had been conc!udcd he was asked
Are you guilty or not guiltyp
Smith answered, after brief pause: Il
am not guilty. aad 10 the usual quostIo1 q,
"How viii yod be hied" responded, BY
God and my country"
The tireless work Of selecting jury then
began, and at II 10 O'Clock four panels hav-
ing been exhausted, and only ten jurors
secured, the court, st the request OF Hon.
T. W. Meldrim, proceeded to draw another
panel from the box, after which n recess
was taken until O'clock thai tue extra
panel might be subpensed.
When court convened only nine Jurors
were examined, and the final panel was
made up in fifteen minutes. The following
is the jury in the order in which il was
selected:
THE JURY
Albert jackson (col.) Joseph Maunion,
Z. Frazier Law, Alonzo j. PIrsey,
William w. Dowen, VIM. f. McCullom
John !. Carolan, Rodk d. McDJnough
Joshua L. Zeigler, Thomas r. Cooper,
Thomas Hunter, f. W. Dale.
During the recess Mr. Meldri Il led in Mr.
Smiths two childreu-a rosy-cheeke1 little
girl of about or years, and a flaxen,
curly-haired boy of 3 or 4. The father
greeted them affectionateiY, kissing them
alternately. and taking them on either
knee, where, for about five minutes his
face was wreathed with smiles as he listened
to tie prattle Of the little oues, who are too
young TO realize the gravity OF the situa-
ton in which their father is placed
When the jury was sworn, Solicitor Gen
eral Fraser read the Indictment again, and
also from the statute defining murder and
JuSllHh Dlo uOulclue- lie salQ That the sta
expects to prove that the shooting OF Rustin
by the prisoner was done in malice, aud If
it so proved it would expect the jury t. find
a verdict Of guilty. The first wit ess called
was w. X. Rusnn, a cousin of the deceased.
and at the conclusion of his testimony. DE-.
K. e.. Norton, one OF the principal wit
nesses for the state, being absent from the
court room, the court took a recess until
3:l5 o'clock.
WITNESS TO THE TRAGEDY.
w. K. Rustin detailed in a short state
ment the killing of his cousin. He said
that about o'clock p. m, on July 20, he
mas standing at the corner of Bolton and
West Broad streets talking to the deceased.
who was seated in two wheeled road cart
or sulky, the witness having a foot on the
hub of one Of the wheels, wen, after five
minutes Of talk, he saw Smith coming
across West Broad street At first he said
be did not pay any attention 10 HIM until
when within five STEPS and behind the
sulky, Smith drew revolver and began
firing rapidly at Frank Rustin. Two Shots
were fired while Frank Rustin sat in tbe
sulky, and the horse jumping Rustin fsll
out and Smith fired three more shots. The
fallen man did not move after be fell The
witness stated that Smith reloaded the Uis-
tol in bis presence.
On DISCRIMINATION, the witness stated
that Smith wanted some one 70 take him TO
the barracks; that when no learned that
the witness was a cousin OF the dead man.
he insisted that he should 20 with him 70
the barracks TO surrender him. The witoess