The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-01-10

yet him TO 90 home. The witness got
Rustin down to Hicks, treated him, and
tried to get him home. R1stin was armed
and Wise got the pistol away from him and
wrapped it up and dropped it in his own
pocket. Rustin wanted 10 go on a spree
down on South Broad street, but the wit
ness got him home. This last was brought
out by the persistent questioning Of counsel
oBJECTING TO TESTIMONY.
Mr.. duBignon objected 20 the testimony
standing. He wanted the court to rule it
out as it was not relevant and different from
what the counsel said he would prove by
the witness.
Mr.. Meldrim said that it was corrobora-
tive of what he would prove by William
Dukes, that Rustin had followed Dukes to
the wagon yard on that day, shown the
pistol, and said that if bullet would kill
Smith he would kill him, and that he would
prove that he had been taken from under
the stoop of Smiths house just before Wise
had come up with him on the corner, got
his pistol away from him, and took him
home.
Mr. duBignon remarked that even if this
were all to Din, charity for the dead should
have suggested thai part referring to South
Broad street should have been left out.
A cross-examination by Mr.. duBignon,
brought out the fact from Wise that Dukes
is the brother of Mrs. Smith; that Mrs.
Dukes does not live with her husband and
that Rustin was on tear that night.
A BRoTHER-IN-LAw ON THE STAND.
William Dukes testified that he is a
brother Of Mrs. w. p. Smith; that
April last he took message from his sister
to his mother at Bloomingdale, and few
days after she came to Savan nah. On
April II Mr.. Smith went to Bloomingdale
He showed his mother letters from Rustin
to Mrs Smith. On the day the witnesses
mother came to Savannah on the train with
s NTH. The witness came in buggy, and
Rustin hailed him at Wise's store
at Farm and Williams streets; that
the witnesses horse being fretful he
drive on up Williams, to Beasely's wagon
yard, and in ten or fifteen minutes RuStin
came up and asked whore my mother was.
said she was coming down with Mr.. Smith.
He said they are coming down to row with
me-" He then took pistol from his pocket
and said if he had intruded and done wrong,
and Smith came to him in a harsh way if
bullets would do it he would kill him
Dukes told him that was a sorry game that
two could play it, and Rustin replied that
if Smith got the better of him he would
have to do it quick and unbeknown to him
too. That evening about dusk when the
witness went to Smiths house, as he
walked, went on Hull street from
OGhbi SUM- uS saw MIS- IbuSlIu III front Oh
Smiths house, and he passed and saw Frank
Rustin under the piazza, inside of the lat
tice work. lie went up stairs and told his
mother, but he did not tell Smith The
witness mother went down stairs in the
basement. The witness then left the house
to feed his horse, and as he passed down
Hull street Wise and Mrs. Rustin were try
ing to get him home. He heard Wise say:
"Y Oh ought to give him fair showing"
,y,A nd L.. l., Ii
him fairer showing than he would ever
give him again. On the Sunday following,
and Bloomingdale, he told Smith what
RuStln had said at the wagon yard.
RUsTIN ARMED TO KILL.
On tine cross-examinauion by Mr.. du
Bignon, Dukes said that the language Rus
tin used was "lf Smith would approach him
In a harsh way, and if bullets would Kill
aim he would do it. | told him that was O
sorry game, two could play it, and he said
e will have to do 1t quick aud uubeknown
to him" Dukes didn't tell Smith that night
and went home next NOR ing
Redirect. didn't tell S NTH, because l
didn't want trouble. l knew that Smith
aud his wife, my mother. and Frank Rustin
and his wife were to have a general meet
ing the next morning at Smiths home to
fix matters up.
Re-cross When sister visited our home
she came alone part Of the time and once or
twice with me-
Redirect. She came with Mr.. Corker
once or twice. Her children were with her.
Mrs. Dukes, mother Of Mrs. Smith, test
fed that in response 10 a message from her
daughter she had come to Savannah, and
had teen shown letters from Frank Rustin
to her daughter; that herself daughter and
brother-in-law came down the same day:
that after reading the letters she visited
the store of McGlllis, Mercer & Co where
Frank Rustin was employed, in January
some time, and told him thot she thought il
was wrong for him, a married man to write
such letters to another mans wife, and that
if she was to blame Cor him to
tell her Shs told him to go
home ard keep away from Mrs. Smith, and
she would not tell Smith about it, She told
him if he didn't keep away Smith would
hear about it some day and it would wind
up in death to one or the other: that her
daughter said she would show The letters to
Smith if he didn't keep away Rustin said
there was nothing wrong about Mrs. Smith,
and witness asked Rustn to keep away
from her.
RUSTIN'S LETTERS TO MRS SMITH.
That about April II or - Smith visited
witness at Bloomingiale with the let ers be
had obtained from Mrs. Smith, aud that she
EAble az OHCS " OdNdlludu, WutIH Lilb6I-
lag was arranged for the next day between
RusUin and his wife, Smith aud his wife,
and the witness; that on ths night previous
her son came in and told her that Rustln
was down under the piazza aud his vito try
ing to get him away. The witness went
down in the basement to watch what Rus
tin would do and staid uAtil he went away.
but didn't inform Smith. Witness detailed
the meeting next morning RusJin sal by
a window in q corner win ais hand
in a position as if ready at any
time to prevent surprise according t.
the Inference Of the witness. Smith ASKED
him why he was paying s. much at eation
to his wife, and wante him o stop coming
so frequently. Rustin pro ui5e1 TO ceIse
paying mis- visits to the y Nth home, sud
would so 70 bulloch county, Is he liked
Mt. Smith and those pres mt.
The CT ss-e xa.niuation Uv Mr.. du BignOn
was dramatic. Mrs. Dukes denied That
Smiths people opposed the marriage 10 her
daughter personally or 10y letter. denied
that there had ever been any domestic in
felicity between Smith and his wife, bat
tIat on the contrary they had always lived
happily together. Smith hal never com
planned to witness of Der dau yhter being
out at night. He bad no rocol ection thar
Mr.. Smith owed letters fr1m Mrs. Smith
to Rustu, hat had been taken from Rus
tins pocket b. his wife, bat
witness was awed 10y tho interrog-
atory, "Would you swear it!' whicl afr
hesitation she could not rec1ilect. Nor could
She reco.lect whether : ita had told her
e , bo.3 ...YHt I-IH.re I.4,. 4