New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-07-06
A VILLAGES DISGRACE.
REMARKABLE CASE OF HOMICIDE.

-wESTCHESTERS MANY AFFECTIONS
One of the most remarkable cases of homicide
IN the history of Westchester County. and GER
tainly the most astonishing and bewidering IN the
annals of the village of Westchester, was the
shooting Of John Rusk, young man OF Ihrogg
Neck by Thomas Hart, at different times oon-
stable detective, political heeer and BARTENDER
The stages of the case from the hrlng OF the
shot the marvellous result of the coroners jury
the gentle and solicitous Indictment of the Grand
Jury, the half-hearted and nerveless prosecution
and the final hollow m0ckery of Justices sen
tence, after months Of dallyng and ldling ana
fencing-the whole farce from beginning 10 emo
illustrates a towns shame and disgrace
Thomas Hart drew a revolver on the evening OF
December ! 8 last and shot Rusk down Rusk had
turned Joke on Hart with a play on the " NC
Ginty" expression. Hart whipped out his weapon
and instantly sent bullet at Rusk, saying, lheh
20 down like McGnty" The wound was mortar
and the victim died on the following day Ana
now began series of movements to save tne
slayer which to the dull and constituencies braln
of a thick-skulled South Sea Islander would nave
seemed hideously grotesque. To the class OF
ruffians and civilized savages who set to work 10
hedge around Harris life diligently as honest
men would have strven 10 aid the law, the sue
ceeding incidents were a source Of self-giorlfca-
ton A coroner's Jury found that Rusk died from
natural causes. Two physicians swore upon 0ath
that they had performed an autopsy upon the
body and gravely and wisely announced TO tne
intelligent jurors that the victim had died from
"acute congestion and oedema of the lungs The
innocent irony of the jurys verdict is TO he seen
in the following amazing result of their dehbera-
tions:
ave find that John Rusll came TO his death
from acute congestion and Oedema of the lungs
Tho aNrila M
Drs MacNichol and f. A. Williamson. We. the
jurors having no evidence from the testimony
taken from the witnesses before us TO prove that
Thomas Hart shot John Rusk. therefore il is our
duty TO exonerate the said Thomas Hart from the
affair or of being the cause of Jonn Rusks death.
Hart had admitted that he shot Rusk but de-
cared that the killing was accidental.
INDIGNANT OVER TIE VERDICT.
Westchester had become hardened to condi-
ton of affairs which was appalling in many ways,
but this verdict aroused storm OF Indignation
and disgust The District-Attorncy demanded
and forced O second autopsy in the face of howls
of rage and disappointment from the protecting
ring The two physicians who made the second
examination were not residents Of Westchester
One was DR.. Louis Livingston Seaman OF this
oity and the other DR.. G.. A. Lyons, of New
Rochelle The result of their labors in the case
found that in the first autopsy the examination
had been extremely superficial. The lungs fioated
like corks Had there been congestion and
oedeman they would have sunk as heavily and
swiftly as lead If any previous examination
had been made of the majority of the other vital
organs some mysterious influence had skilfully
obliterated all traces of il.
Seven ragged holes were found in the intestines
where the eaden missile had torn along It's fatal
course The two other physicians testified that
the ball had passed through muscles and skin
only There were all the signs of rapidly devel-
oping peritontis, while tie lining and coating
of the heart firm, gsteI ing and clear. As
for the first eXami, alton OF the lungs. the two
incisons were so slight that the true condition
Of these organs could not have been asccrtained
But more interesting testimony came up later
before the Grand Jury-evidence which, despite
tho assertions of Drs MacNichol and Williamson
and the refinement of intelligence displayed ny
that wonderful coroner's jury, absolutely forced
an indictment down the threats of the band oil
hencbmen who were shielding their comradc from
the scrutinzing glass of the law.
MILD INDICTMENT.
But the Indictment charged only manslaughter
in the second degree. 1t is interesting, when
making psychological study of the brain OF
certain class of citizens, to notice the testimony
given before the Grand Jury.
DIR. Edward A. Williamson, Rusk's attending
physician and one of the two who made tie first
AUTOPSY for the guidance and enlightenment of
the coroners jury. composed of the same political
canr as Hart testified that the ball had ploughed
its way through the abdominal muscles, not enter
inc the peritonaeum. IL entered a little 10 the
right Of the anterior superior process OF the
crest of the iliuIn," and it lay "a little to the
right of the umbilicus." On the other hand, In
the CODY of notes for the autopsy made by Dr
Seaman and DR.. Lyons which when put In
evidence before the Grand Jury caused the mdict-
ment, it is shown that the bullet entered Two
inches above the anterior superior splnus process
of the left ilium and one inch to the left of said
process" On the right side of the abdomen was
found wound where Tie bullet had been re-
moved This was 1.-TWO and ne-half inches 10
the left of the anterior process of the right lllun
and one inch above said process Stripped Of
their technical phraseology these expressions 20
10 show that whereas DIR. Williamson declared
that the bullet entered the body at point near
enough 10 the front of the abdomen to cut a
course near the outer circumference, the expert
testimony showed that the ball entered further
back and did not take 50 sharp detection
toward the outer surface 1t took more central
course Regarding the post mOrtem Dr. William
son said in reference H. the probing: When l
made the post morton tried to follow the track
of the bullet as accurately | could. When
made the examination | succeeded so well that
] came right on the track OF the bullet. There
was an incision plaIe from the breast down to the
pubs another from crest TO crest. The one from
crest to crest the one | pade, and when |
made it / began the opposite side from the
wound entrance, and made cut right down, and
saw a streak of blood, where the bullet had
travelled through the muscles. 1t did not go
through the peritonaeum at all 1t only went
through the skin and muscles"
THE TRACK OF THE BULLET.
what evidence there of the track OF tie
bullet?"
1T was very plainly seen right through the