The Butler weekly times. (Butler, Mo.) 1881-1918, 1913-11-06
SINISTER IS CONVICTED
OF SECOND DEGREE
MURDER.
Sentenced to 10 Years-Says He
Didn't Get Justice.
Motion for Now Trial Overruled and
Appeal to Supreme Court
Granted.

Granted.
Frank Shuster, charged with the
murder of Geo. w. Booth in Pleasant
Gap township, was found guilty of
murder in the first degree and SEN
fenced to ten years in the penitenti-
airy. The case was given to the jury
after masterful arguments by the at
torneys Of both sides Thursday night
and returned verdict Friday night.
When sentenced and asked if he
had anything to say, Shuster made
the following statement:
"Well Judge, would like to make
just lite remarks. I think that
didn't get any justice. think that l
ought to have been acquitted. That
when man has got to do anything
he has got to do it and therefore |
shot to protect myself. And if l
hadn't, | think | would be in the
ground today and that at the same
time think that | had just as we'll be
in the penitentiary for ten years and
run the risk of getting out, serving
my time out, as to be in the ground"
The court overruled a motion for
new trial but an appeal to the
Supreme Court was granted.
ShuSter was taken to jefferson City
Tuesday night.
The Testimony.
For the State:
DR.. G. A. Delameter was the first
witness for the state and testified that
the deceased Booth came to his death
as the result of the gun shot in the
left breast. He was present when the
deceased died and also present the
next day at the coroner'S inquest.
That the deceased was shot twice,
once in the back and that these shot
extended from above the hip to the
shoulder blade, that they were scat
tering and ranged upward from ! to
5 of an inch and that the shot in front
lodged in the deceased left arm and
region of the heart, and that the de-
ceased's arm must have been drawn
tightly against his breast when he was
shot, and that the shot in the front of
the deceased went straight in. He
stated that the place where the de-
ceased fell was about eight or ten
feet higher than where Shuster stood,
according to where the shells We're
found.
DR.. R. E. Crabtree, coroner of
Bates county, next testified to the
condition of the body, substantially as
DR.. Delameter; that the wound in the
back would not cause death and that
the two shells which the defendant
was supposed to have used were
found about sixty feet from where
Booth lay and about two feet apart.
Mr.. C. j. Lane, one of the members
ofpthe coroner's jury, testified as to
location of the wounds on the de-
ceased, and also described the road
and field adjoining, where the tragedy |
took place.
E. A. Butler stated that the defend
ant had told him some three months
prior to the killing, in speaking of the
Booth boys, that he would elbow
some of their heads off and they
would be paid for
Mrs. Hagebrush testified that two
weeks before the killing the defend
ant stated to her that the Booth boys
had rented the Gander forty to run
him out of the county, but that he
would blow a hole through them that
a dog could jump through. Mean
while he exhibited his pistol and then
went to the door and said, land these
little girls will see me through. y
Mrs. Homer jenkins testified that
she heard the shots and that she heard
the defendant cursing the deceased.
Frank Booth, a brother of the de-
ceased, testified that on April 18th,
the day of the tragedy, he and his
brother, George w., commonly called
Babe, had been planting corn in a
field lying just east of the tract be-
longing to the defendant, that he had
put a shot gun in the wagon at noon
that day because of the threats that
Shuster had beer making. AS they
were coming down hill on the road
HAT TuIlS east dIIu WcSt vi tIlc SOutIl
Of the Shuster land, the defendant was
his team, he started to
drive his team west towards his
house. The witness was driving the
'arm wagon, while his brother was
standing in the back of the wagon
Gaming against harrow that was
piled across the wagon box, and lead {
ng three horses. The deceased back
vas turned to Shuster and the gun
vas leaning against the harrow on the
forth side of him; that when they APP /.
preached within about sixty feet of
,huster, Shuster suddenly dropped
he lines, whirled and shot, the shot
aking effect on the left side of the
Jack of the deceased. The shot d
cared the witness team and it start
ID to run and the deceased was jerked
nut of the wagon, falling on the \
round, and the gun falling out after n
i'm; that the defendant ran up about n
Ialf-way, threatening the witness, a
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