The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-09-28
MRS. SMITH WANTS DIVORCE.
SHE SEEKS COMPLETE SEPARATION
FROM HER HUSBAND

The Petition Brings Back RecOl-
IectiOns of One of the Most CeIe-
brated Murder CHses in the His
tory of Chatham Superior Court,
when the Present Defendant. VIII
liam =. smith, Was Tried for His
Life-He Had shot Frank Rustin
Because of the Latter's Attentions
10 Mrs. Smith-Jury Acquitted Him
on Second TriHI-His Wife Now
Charges Cruel and nnhuman Treat
ment.
| The second petition for divorce that has
been accompanied by an application for
an injunction restraining and prohibiting
the husband from visiting or interfering
with the wife until the final hearing ana
| disposition of the case was filed yesterday
in the Superior Court. It is that of Mrs.
! Sallie v Smith against William p. Smith.
! The petition brings again TO the recol-
! lection of the people Of Savannah one of
the most sensational and celebrated muir
| der cases that has ever been heard in the
| Superior Court of the county. The defend
ant in the present suit for divorce and in
| junction was the defendant in that trial
! for murder. He was charged then with
the killing of Frank Rustin, for the as
! serted reason that Rustin had tempered
! with the affections of Mrs Smith. the
| present plaintiff, and endeavored to alien
ate her affections and destroy the happl-
| ness of Smiths home. The shooting was
! done on the corner of Bolton and West
| Broad streets in July, 1888. Smith was
| indicted for murder, tried in January 1889,
when a mistrial resulted and again in
March of the same year, when he was
found not guilty and discharged
In her petition, Mrs. Smith alleges that
| she married Smith in Savannah in Janu-
airy 1882 From that time. until 1898 there
is lapsus in the history of their married
life that the petition attempts to give
Nothlng is said of the tragic happenings
of 1888 and 1889 Continuing. after the al
legation of the fact of the marriage the
petition of the plaintiff says:
And thereafter, to-wit in the month
OF August and in the year 1898. in said
| county, and on numerous and divers occa-
sions previous to the said last mentioned
date and since the said last mentioned
date, your petitioners husband disregard
ing ms solemn marital VOWS and RESPONSE
| bilities. in keeping and performing OF
/
did treat your petitioner in a most cruel
brutal and inhuman manner. by most I'M
merclfuHy beating and whipping and cut
! ting your petitioner and by subjecting her
to bodily punishment of the seVerest ma
ture, without just cause or provocation on
| the part Of your petitioner and by cuis-
| ing and abusing your petitioner and call
| ing her profane and vulgar names all Of
| which cruel and brutal treatment subject
| ed your petitioner, not only to great physi-
/ cal pain, but caused her TO suffer the great
| est possible mental anguish"
| There have been four children born to
/ the parties to the suit for divorce. who
! are now aged respectively &c. A. 9 and 7
| years. tt is charged that the treatment
/ accorded by the defendant to these chill
| dren has not been such as his duties as
| father and his consideration for them as
man, would demand. on this score the
| petition says
| THAT in the last few years, to wit in
| the years 1887, 1898 and 1899. on numerous
| end divers occasions, the said w p Smith
| has cruelty treated and abused the said
! minor children OF the said marriage. by
| maltreatins and abusing them without
mercy and by cursjng them and using pro
/ fame and vulgar language in their pres
| ense without hesitancy He has subjected
| them to great fear and terror and has act
! ed towards them in a shameful and I'M
! natural manner. and his conduct and de-
! Ailt tAipI NONdluS san Cul4QTtu nave not
| only been unworthy of a father. but I'M
worthy Of human being of the lowest
| type. That he is setting an immoral eX-
/ ample for the said minor children, by his
/ conduct as aforesaid and doing them
/ great injury. And your petitioner shows
/ further the said minor children greatly
! fear the said W. p. Smith. and desire to
! live apart from him and with your petit
| toner"
The petition for injunction sets out sub
| stautialy the same facts that are alleged
/ in the petition for divorce. 1t charges that
| the father has been accustomed to treat
| his children in a most brutal ana inhu-
nan manner and that they JON their
| mother in the fear that he is said to in
| spire in the breast of every member of his
! family. The plaintiff AYERS her belief that
| Il the Injunction do not issue as prayed
for. the defendant viii in some manner Sc
! cure custody and control of the children
! by force or otherwise, and will have them
! removed from the care of their mother, to
| the homes of some of his relatives in sew
| eral Of the surrounding counties.
| The temporary restraining order was
! granted as requested. BY It's terms the de-
! PENDANT is prohibited from interfering with
! the children in any manner or entering the
! house now occupied by his wife as resi-
| dence. at 312 Hall street west. The plain
| tiff shows that she desires to receive from
! the defendant nothing more than is al
| lowed her by judicial proceedings. and does
! not ask that he continue the monthly al
| lowance of S45. which he has been making
! for the support of herself and her chill
| dren 1t is directed that the restraining
! order be of force. until the matter may be
| inquired into further by the court and
! that the defendant show cause before
! Judge Faligant, in the Superior Court on
| Oct g. why the injunction as TO his in
reference with his wife and children
should not be made permanent. The plain
| tiff is represented by Mr.. Shelby Myrick.
! IrnR MINNIE DAVIS MEMORIAL.