The morning news., 1889-01-11


went home. finding her IL worse condi-
ton. He talked the matter over with her,
and she said Rustin mad tried 10 get her to
| desert her husband. She also told MIN that
| a short time before, while sh9 was operating
her sewing machine, ho lad come In aud
attempted liberties, trying 70 smother her
cries. and would not allow her to speak
until she had promised not TO tell her
| husband.
After that the prisoner said he thought it
was more than he ought TO bear; He cor
roborated Corker's statement, and said that
he started out on an amless walk. He
went to the store, inquired Ot Butter about
Rustin and was told that lie had gone home.
He then concluded to 20 TO his homo and
lay all the matters before him. Going into
West Broad he saw Rustiu at Bolton street,
and all his wrongs loomed up before him.
The attempt to ruin his wife, to break up
his home, and to disgrace him and his chil-
dren.
THE FATAL MEETING.
He spoke tremulously as he said:
II made up my mind to kill
him to protect the innocence of my
wife. | believe he might have ruined her.
| believe he would have done it. | felt it
my duty to kill him. l believed it was pro-
tecting my wife, my home and my children.
aud that then | could live happily with
them. He had invaded my home to destroy
it. Whether | had come upon him face to
face, from the rear or the side,
looked upon him as nothing but a
cur and ! shot him. l believe
either of you facing the jury more ear
nestlyl would have done tho same. be-
lieved my wife was innocent; l believe it
now"
Before the prisoner left the stand Mr..
duBlgnon asked hun if he would answer a
question. The state had the right to uues-
ton, the defendant the right TO refuse to
answer He asked him to read the letters
Mrs. Smith had written Rustin or sur
render them as he saw fit.
The prisoner replied, II had forgiven nv
wife for writing the letters, and | turned
them over to her and she says she has burned
them" The prisoner had been on the stand
for nearly one hour and three-quarters, and
when he left it the defense rested and a re-
cess was taken.
The state called MIR. Corker, who denied
being in the room at Smiths house when
Butler hung the mosquito net.
b. j. Wise denied the statement of Dukes
that he had told Rustin he ought to give
the man a showing for his life
Madeline West (colored), took a note
from Mr. Smith to Rustin on the day of
the killing, and saw them standing on the
street afterward. Mrs. Smith took a
Broughton street car and Rustin followed
in his buggy.
THE MEETING AT THE CEMETERY.
John Goette saw Mrs. Smith and Rustin
at the Catholic cemetery between II ard 10
o'clock on the forenoon Of the day of the
shooting. They were talking together and
walking side by side, seemingly contented.
On croSs-examinaton, the witness had not
heard their conversation and couldn't tell
l. NEnrer4 H.
as stated in an affidavit from which Mr..
duBignon had interrogated the witness.
The witness said that he had not prepared
the affidavit nor used the language quoted.
). b. Rustin, father of the deceased
knew Mrs. Smith since her childhood, and
from general report and what he knew of
her he wouldn't consider her chaste. He
had seen the letters addres ed to his son bv
Mrs. Smith. They were affectionate and
loving letters, she called him her darling"
her baby aud 50 on. They were
not making appointments. He had
not read all the letters. They were of the
most atfectiOnate and loving kind
and there was nothing in them to show any
desire on her part to break off He never
knew his son to go armed, except on the
three days prior to the family conference at
Smith's that the next evening after it,
young Rustin had pulled out tue pistol at
Il am done with it. am going to return
it to the man got it from. 1t is all settled
nOw.n
The witness corrob0rated the statements
of the prisoner relative to his efforts to get
him to have Frank leave town and let his
wife alone, and also testified that he had
visited Mrs. Smith in response to a note
from her, and she had told him she wanted
Frank TO keep away from the house. This
xyaa t,syn or thran 4bg ne Era L. y,
death, in April or May. The witness said
he visited Smith at the latter's suggestion,
two or three weeks after the family confer
ence, and SmiIh wanted him to do what he
could to get it settled. He did not doubt
that Smith had come to see him as often as
he stated.
OFFICER MIKELL on THE STAND.
Officer Mikell testified that Smith had
surrendered to him, aud surrendered his
pistol, saying that he had bought it three
or four weeks before to do that work with
it, and asked him to take good care of it,
as he wouldn't take 81 900 for it, d at
midnight in the barracks, to the officers
statement that the prisoner had done some
good work, he replied: Il have always been
taught TO do my work well.n The witness
couldn't impeach the character of Mrs
Smith. He found no weapons on Rustin's
body after the shooting
L. T.. Hagan, a third cousin to Mrs. Rus
tin, never heard Mrs. Smiths character to
be good. He heard it was bad Frank
Rustin didn't 60 armed six weeks before his
death. He saw him takeup his little chill
dren once or twice and say, Wouldn't be
poor father To- go away ard leave these
little children" The witness was not very
self possessed on cgoss-examination.
T. S. Mercer, of the firm employing
Frank Rustin had been made the latters
coutidant. BY report, Mrs. Smiths repu-
tation for virtue and chastity was bad.
Rustin had shown him notes, flowers and a
photo sent him by Mrs. Smith. The letters
were Of an affectonate nature. The wit
ness advised Rustin to let her alone
as she was a married woman. Rustin said
he knew he was doing wrong, but that she
persuaded him, loved him better than she
did her husband, and when she met him
would put her arms around his neck aud
her head on his breast, and he couldn't re-
sist her, for she would tell him that she
loved him. couldn't love her husband, and
he couldn't break away from her Ga
cross examination the witness said that
Rustin told him he put his arms around
her, and that when the witness continued to
advise him TO break it olf Rustin ceased to
condde in him.
A SHOCKED WITNESS.
W. G.. Butler, who roomed in the Smith
house, was very restless on the stand and
was the laughing stock Of the court room
under cross-eXamuation. He testified to
rOOmlug in Smiths house and that from