Omaha daily bee., 1908-12-01
Action Indicates He Will Not Demand
the Capital Punishment.
ALL DAY AND JURY NOT COMPLETE
State Has Two and Defense Four
Peremptory Challenges Left
MRS. RUsTIN NOT IN COURT ROOM
wife of PhysIcian whom Davis in
Charged with killing by Agree
ment VIII he Among
First witnesses.

Charged with the murder Of Dr. Frederic.
Rustin the result of a suicide compact,
Charles F.. Davis was placed on trial before
Judge Sears in the criminal court, Monday
morning. The entire forenoon was devoted
to the examination of Jurors. The eNami-
nation was continued in the afternoon and
will probably require most of the day,
Tuesday.
The question OF jurors by County Attor-
ney English developed that he is not going
| TO ask that the death penalty be inflicted
in case the jurors return verdict OF guilty.
He did not ask the jurors whether or not
| they were opposed to capital punishment
and during the recess announced he would
not demand extreme penalty.
During the day forty-nine Jurors were
examined and twenty-one Of these were
excused, either because they had formed an
opinion which would conflict with their
duties as jurymen. or because they were
over age. When court adjourned, six
teen peremptory challenges had been used
| twelve by the defense and four by tha
state The state stil has two and the
defense four. 1t Is hoped the jury vii,
| be secured before noon today
The twelve men who were in the boz
when court adjourned last night, are. NJ
| Omaha, w H. Hall, 11l6 South Eighth
street; NJ Campbell, 23l6 Hickory street,
Fred Kunz, 27O2 South Twenty first street,
John A. Noble, 22l5 Seward street; f. c.
Jepson, 93S North Twenty-fifth street; j.
NJ. Krug, 25O4 South Twenty-fourth street,
Thomas Meldrum, 2l7 Decatur street;
George Byrnes, 1921 U street, South
Omaha; c. l.. Porter 25O5 Ames avenue;
c. w. Barber, 2542 North Twenty-eighth
! avenue; r. d. Duncan, 262S Davenport
| street
The sixteen excused peremptory cha-
lenges were: r. Fisher, f. G. Carter.
John Konvalon, c. A. Meyer. l.. Hoag-
land. John Keegan, sr, John Linahan, Eu-
! gene Rutherford, Martin L. Sugaunan,
Otto Stuben. j. w. Ballard, T. l.. Gaynor,
Fred Hoye, c. Lindquest, NJ. w. Doty,
August Prochnow.
One of the men called to the jury box
was c. Lndquest fireman at the First
National bank, Of which Fred Davis. bro
ther, of the defendant. is vice-president.
c. T. Kountze and Luther Kountze his
nephews, president and cashier, respect
lively. Lndquest declared, in spite of his
connection with the bank he could de-
termine the case on its merits. County
Attorney English failed to have him ex-
cused and he was peremptory challenged.
Davis There Ahead of Time.
Charles E. Davis, the defendant, showed
! up bright and early at the court house
alone. The case was set for $3.50 O'Clock,
but Davis was in a scat in the court room
at $50 waiting for the court officials to
arrive. When he found the trial would
not begin until 9SO, ho left the court room
and returned later. His brother. Fred H.
bank. was with him and occupied a seat
near him during the examination OF tho
Jurors. Charles Davis listened intently TO
the questions OF the attorneys. but did not
take any part in the consultations. He sat
Immediately behind his three lawyers, W.
F. Gurley, ]. w. Woodrough and J. w.
Parish.
Mrs Rustln widow OF DR.. Rustin was
not I'm court None OF the witnesses was
summoned to appear before Tuesday morn
ing. Mrs. Rustin, however, will be one of
the first witnesses to be called after the
jury is secured
j. A. Gillespie, $40 North Twenty-seventh
avenue, the first man called into the
jury box. When the box was filled the
jurors all took the usual oath except Aaron
Chadwick. 2se4 Capitol avenue. a prominent
member of the Christian Scientist church.
a
affirmation that he would tell the truth
after the other jurors had been sworn
In the examination of Jurors J. A Giles
pie passed by the state, but was ex-
, cused because he was over the legal age
OF sixty. T. T. Palm, 1895 North Twenty
second ran the gauntlet OF County Attor-
ney English's questions, but admitted when
Mr.. Gurley examined him no had formed
an opinion which might sway his judgment.
He had some difficulty In understanding
the questions put to him by the lawyers
and finally Mr. Gurley challenged him.
Want an Intelligent Jury.
I'VE want an intelligent jury" he said
"They don't necessarily have to be coll
llege graduates" said Mr.. English.
Judge Sears sustained the challenge and
exc used Palm.
F. b. HoIbrook. 261O Emmett street, city
salesman for the United States Supply
company. was excused because he had
formed an opinion
The first man examined who had never
heard OF the case was NARROW Campbell
q teamster who lives at 1862 Hickory street
Campbell said he had heard some one
speak about the killing Of Dr. Rustin, but
he had read no papers and did not know
that murder charge had been filed against
anyone lie said lie was too busy to read
the newspapers. County Attorney English
excused him for cause.
Victor b. caldwell. vice president OF the
United states National bank was called
to the jury box, but he said he had formed
an opinion which would influence his ver-
dict and he was excused for cause. Rem
hold Fisher, -62l z street South Omaha.
a carpenter employed on the John Deere
building, was accepted by the county al
torney as he had no abiding opinion H.
l.. Tucker 30 North Twenty-sixth str, e..
South Omaha, employed by Armour & CO..
said he had formed an opinion from re adj
) Ing the papers, but II would not affect his
verdi l. He lives next door the place where
James Chenault was murdered about a
/ week ago
4 Knows Little of Case.
Martin Hedrick Forty-second and Il
streets, South Omaha, was another Juror