The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-01-12
In THE JURY'S HANDS.
THE sMITH-RUsTIN MURDER TRIAL
NEARING ITS END.

Able Speeches Of the Counsel on
Both Sides -- Senator DuBiRnons
Closing Argument.
The most sensational and exciting murder
trail known TO the recent history Of the
Chatham superior court, drew nearly
to a close when at 1890 o'clock last
night, Judge Adams charged the jury
which for two days had patiently
listened to the evidence growing out Of the
killing Of j. Frank Rustin by w p. Smith.
At o'clock this morning the jury which
went out before IL o'clock was still locked
up. That no verdict will be reached before
the MORNING NEWS reaches its readers was
then conceded, and the friends Of the pris
oner saw ray Of hope in the delay. While
the jury is divided, there is at least hope
for them of a mistrial.
The court room which was packed almost
TO suffocation up to the time that the argu-
ment was concluded was quickly cleared
after the judges charge, and the
Jury filed into the Jury room. 1t
was a trying hour for the prisoner, who sat
waiting for the verdict that means for him
life or death, liberty or further imprison
ment
There were few loiterers about the
court house after midnight waiting in the
hope that verdict would be reached, but
they tired of waiting. and at 2 o'clock
sheriff Roman and his deputies were there
alone.
DEGINNING OF THE THIRD DAY.
There WINS no falling Off in the crowd yes
terday morning. 1t required Sheriff Roman
and several bailiffs to keep back the rush
al the opening of the court Solicitor Gen
oral Fraser asked and obtalned the leave of
the court to open up the case by the intro
e -,
made upon w. c. Buffers veracity by the
prisoner.
Mr. Ulmer testified that he had known
Butler only q year, that Butler rented
rooms from him, paid his rent, and had
prayers in his house. He had been truth
full to him, but the witness did not know
Buffers general character for veracity.
The defense proved by three grocers,
Messrs. d. b. Lester, NJ. D. Hirsch and IT,
w. Readick, that he was indebted to them
for small amounts, had broken all his prom
ises to them, and was unworthy Of belief
Mr.. Readlck corroborating the prisoners
statement that he had warned him of his
character when he learned that he was Que
of Smiths tenants.
At II o'clock, Solicitor General Fraser
opened for the state. He read from the
statutes what constitutes murder, man
slaughter and UNSUITABLE homicide, and had
spoken for ten minutes whel he was at
tackled with vertigo, and the court noting
his illness took q ten minutes recess. Mr.
r. f. Lester taking the arm Of Mr. Fraser
and leading him into the city court room,
fresh air was admitted into the room which
relieved him sufficiently to enable him TO be
conveyed to his home, but he was unable to
assist in the trial further. Mr.. Fraser had
spent sleepess night in the preparation
and compilation of the law authorities in
the case, and had been unable, from over
work, TO take breakfast. The ventilation
of the crowded room was bad, and while he
had started off in apparent health his
friends soon noticed huskiness in his voice.
and had not the court come to his rescue by
II recess, he would doubtless have sunk down
under the sudden attack
Mr.. duBlgnon, on the reconvening OF the
court, took up the notes OF his associate. and
in half hours speech outlined the facts
upon which the state would rely to convict,
aud cited the authorities he would quote in
his summing up.
MR. MELDRIM's ARGUMENT.
Hon. p W. Meldriin began his argument
for the defense al Il 80 o'clock, and spoke
for three hours and twenty minutes. His
speech was logical, ornate aud imprisoned,
and at the close deeply pathetic. He re
viewed the character of the defend
ant from his childhood t. the day
when he took Ru,tins life. He
excused a comparison Of the life of the
defendant with the deceased because Justice
to the living required an inquiry into the
character Of the dead. II was a iustifica-
ton of the deed caused by the depravity of
the man slam. He reviewed the efforts of
Smith TO preserve the tranquility of his
home, his forgiveness for the man who
sought TO destroy it, until, when goaded to
frenzy by the deception of Rustiu, his
constant attentions TO Smiths wife rounded
up by an assault upon her in his own home,
he had TO save his wife from further dis
honor, he had shot down the man who had
threatened the life of the man he
had wronged. Mr.. Meldrim concluded
by saying: "a few days ago I was
standing by this defendant in jail. He was
behind those cruel bars. In front of him
were his two little children. and one, a little
curly-headed boy, turning and looking
through the bars, said Papa, come and
go home with me. Papa, won't they let
you comefn The speaker paused. The
moment was painful one The silence
deepened Strong men, aud men on the
jury wept. The speaker, unable to proceed
with the perOration that he no doubt in
tended to round up an earnest defense of his |
client, could only add, in a husky voice. |
that that little child is still looking forpapa |
to come home
Hon. Rufus E. Lester was the first
speaker upon the reconvenjng Of the court |
at 3:45 o'clock, and he spoke for two hours |
and twenty-five minutes. Mt Lester was |
never more earnest, never more concise |
he was defending toe son Of a friend who |
had named one of his SONS from the able |
lawyer who now faced jury for the most |
masterful effort of his life 1t was not a |
defensive appeal for the prisoner. 1t was |
aggressive from inception to finish |
He was startling at the outset: "The mau |
who was slain by w. p. Smith deserved t. |
be slain" Reviewing the character of the |
defendant, he rounded up the review by |
adding: such men were not made for the |
Rsllows or the penitentiary, or for disgrace |
by the execution Of public justice at the |
hand of man, " and there was sensation ran |
round the court room when he read from
the decision OF learned judge-Judgo !
Lumpkin of the state supreme bench-to |
the effect that gunpowder and bullets stimu-
late virtue, and 10 this end the Judge init |
mated that had he been on the jury in
case where man slew the invader Of his
home with lustful purpose, he would have
been Inclined TO vote for acquittal
THE CLOSING ARGUMENT.
Mr.. duBignon began the closing ar-u-
ment for the state az 6.2O o'clock last night |
and with the exception OF about twenty
minutes of recess and interruption by op- |
posing counsel, he spoke until 9jj O'clock |
he asked the jury IL IL is 10 DO moved by |
sympathy. AS the grave can call forth |
the grief Of an aged father, and the grief
OF loving wife, he asked tho jury 70 cast |