The morning news., 1899-02-07
FIVE CONVICTED OF MURDER.
DEATH OF FARMER RUsTIN AND
son QUICKLY AVENGED.

at n Special Term OF touFt-oiu
Man Rustin's Dying Statement Led
to the Convictions.
Colouitt. Ga Feb. 6.-The jury in the
case of Isaac Gardner. after twenty-four
hours delibera ton. returned a verdict OF
guilty. this morning, of the murder of OLD
man J. p Rustin and his son. Virgil Rus
Tin. and Judge Sheffield sentenced him to
the penitentiary for life.
This disposes of the last of the cases
that will be tried at the special term. The
ssassiDation of the Rustins on the night
of Jan. q was one of the most horrible
and ruthless crimes ever committed in this
section of the state. The people OF Miller
county rose en- masse and demanded ven
geance in the name Of the law, and intense
excitement prevailed.
Ten parties were arrested, seven of that
that number being indicted by the grand
jury when the special term of court assem-
bled on last Wednesday.
OF the seven indicted. five have been con-
victed Burren Phillips was convicted on
Thursday and George Phillips on Friday
both being sentenced to the penitentiary
for life
Dews and Florence Bailey and Isaac
Gardner were tried on Saturday. The ju-
ries in these cases remained out unth TINS
morning. when they returned verdicts OF
guilty all being recommended to mercy
except Dews Bailey, who must pay for his
crime with his life
OF the seven indicted, one will hang, four
will 90 TO the penitenuary for life and the
cases against the remaining two have been
nolle pressed.
Gardner's attorneys have given notice
that his case will be appealed TO the Su-
preme Court
Five Tried in Quick Order.
The court convened on Feb. l, returned
bills against Burrell Henry and George
Philips, Dews and Florence Bailey, Ike
Gardner and Zema Cleveland.
Burrel Phillips was put on trial 'irst,
Col. w. l. Geer representing the defendant.
Col John r. Irwin, solicitor general, as
sisted by Col. Clarence Wilson OF Fort
Gaines, Ga, looked after the states inter-
ests The jury brought in verdict of gull
ty with recommendation to mercy and he
was sentenced to the penitentiary for lie.
George Phillips was next put on trial.
1ne NeTOiCt anu sShAChNC NSAS NAiN NN'AA'N
as his fathers.
Dews and Florence Bailey were next put
on trial together. The jury returned YER
dict of guilty in the case of Dews Bailey,
and guilty with recommendation to the
mercy of the court in the case of Florence
Bailey Judge Sheffield passed a death SEN
tence on the former and lifetime sentence
on the latter.
Isaac Gardner was next put on trial for
rFNt-- he
very same verdict as in the Philips cases,
and he was given the same sentence as the
others.
Judge Sheffield granted an order nole
pressing the cases of the state against Ze-
ma Cleveland and Henry Phillips. Henry
Phillips is a son of Burrell Phillips, one
Of the convicted parties.
Judge Sheffield made a very strong and
impressive talk to the prisoners in passing
sentence on them.
The people feel very grateful to Judge
Sheffield for the prompt manner in which
he disposed of the cases. Court adjourned
for the special term.
Prosecutions Strong Point.
During the course of these remarkable
trials there was considerable cumulative
and eorroborative evidence, but the suong
point with the prosecution was the dying
declaration of old man Rustin.
Judge 2. N. J. Dozier, of the County
Court OF Miller county, testified as to this
dying statement Judge Dozier's testimony
was very impressive. He said that the old
man gave the names of five of the mur-
derers whom he distinctly recognized, Bur-
rell Phillips, George Phillips Isaac Gardner,
Dews Bailey and Florence Bailey, and
stated that he thought he recognized Hen
nv Phillips The witness said:
said to me-. MIR. Dozier, will you do me the
kindness to come by here. / want to see
you; want to tell you who killed me and
my son. He then named the five whose
names have just been given. He also re-
quested the witness to take care of his
daughter and see that she was properly
treated.
"In two minutes after he finished speak
ing he was dead,'' said Judge Dozier His
viii power had kept him alive until he
could give the names of his murderers
and that done. he gave up the ghost.
Judge shefHeId's Charge.
one of the features of this remarkable
case was the charge of Judge Sheffield &c
the grand jury Immediately after the con-
venng of the court. Those who heard II
characterize it as one of the ablest charges
ever delivered In a Georgia court house
ing. He told the jurors that the time had
come when they must do something tC
check the onward march of crime in the
county, else see 1t become a hotbed OF
lawlessness and corruption. He called tC
their attention number of cases where
fragrant crimes had been allowed to &c
unnouced, the grand juries not even tax
ing the trouble TO investigate the facts
and declared to them that unless The grand
jurors would act in such a way as to man
nest an unmistakable zeal I'm their effortl
to bring guilty parties to justice, ther'
could be no hope for the security of If
and property in Miller county. He saiC
that if a check was not instantly put OF
Iawlessness the home of any citizen wa
liable to be visited at any time by th'
midnight assassin, who could feel sure b.
reason of the Indifference of successive
grand juries. that he could commit fou
murders with impunty