Omaha daily bee., 1908-12-03
Or. Lavender Gives This as Expert
Opinion After Examination.
WITNESS PARTIALLY OVERCOME
Court Takes Recess While Hanna
Dineen Receivers Composure.
TWO THEORIES BY DEFENSE
Suicide on Impulse of Moment
Death nj Hand of Mrs. Rice
VIII he Urged by Davis
Lawyers.

One by one County Attorney English is
bringing out by minor witnesses at the
trial OF Charles +. Davis, accused Of muir
dering DR.. Frederick Rustin. the bits OF
corroborative evidence with which he hopes
to substantiatc the main story OF Mrs.
Abbie Rice when she goes on the stard
to tell probably the s.rangest narrative in
volving a suicide and murder pact ever
told in court. Mrs. Rice will probably go
on the stand some time today and, 1t is
believed her examination will require at
least a full days time,
Besides the corroboratlve evidence, Mr..
English brought out piece Of important
testimony when Dr. Lavender. formerly
coroner's physician, was on the stand. Dr..
Lavender testified In his opinion, tho
wound received by DR. Rustin could not
have been self-nfllcted. though he ad-
mtled on cross-examination that he
had previously testified at the inquest, that
it was possible Dr. Rustin had shot him
self
The crowds in the court room increased
during the afternoon session, and there
was little standing room left when court
reconvened at o'clock. The audience was
restless at times, and Judge Sears had to
warn the people 20 keep quiet several
times. Once he threatened to lock the
doors to prevent spectators from passing
out and disturbing the court
One WitRe,s Overcome.
The taking Of testimony was interrupted
shortly before o'clock. when Miss Han
nah Dneen, a servant in the Rustn home
was partially overcome while testfying
She was assisted from the witness chair
to the judges private office, and after a
few minutes was able to resume her story
She was warmly dressed and the room
was close, and this with the excitement
and nervousness caused by going on the
stand. is believed to have caused her to
become faint.
At the opening OF the session DR. J. p.
Lord took the stand and his cross-exami-
nation was continued. Mr.. Woodrough held
up in front of him a black fedora hat, and
he was asked II IT looked like the one the
man he saw coming down Farnam street
had on. He said it did not. A soft gray
felt hat was then given to him and he
said that looked more like the hat except
ing 1t was black or dark County Attorney
English then took the fedora hat and
crushed the crown in all around and DR..
Lord said that looked very much like the
hat the man had on.
DR.. Lord renewed his denial that ne had
told police officers he saw no one on his
way to the Rustin home.
"The police officers asked me n had
seen a man about the house or on the lawn
or porch and l said no."
He said he mentioned 10 the Officers
that he had seen a man while he was on
the way to the house, but they seemed
preoccupied and apparently did not pay
any attention to It,
tin had on when he was shot and he
pointed out the bullet hole In the front
Of it.
servant Tells of Tragedy.
Hannah Dineen, the servant girl. related
the incidents of the morning of tho tras-
edy in a tlmid, frightened way, and in a
voice so low she had to be urged to talk
louder
Hannah, just talk like you were talking
10 the girl I'm the next house" urged Judge
Sears once. Miss Dineen told Of Mrs. Rus
tins calling her and of her helping drag
the doctor into the hall.
What did he say" she was asked
HE said a man shot me-"
She said a woman called up the house
at o'clock and again at o'clock after
the doctor had been taken to the hospital
This Corroboratcs Mrs. Rice's statement
that she tried to reach the doctor BY telc-
phone. She also identified a small white
tablet as one she had found near the
steamer chair on tho Rustln porch as she
was sweeping it off at o'clock the morn
ing of the tragedy. She also found two
cigar stumps, one on the railing near the
steamer chair ana one on the floor near
another chair. She testified the night be-
fore the shooting she went to visit her
3 fg9gf fy,
lO:45. As she got off the car at Fortieth
and Farnam she said she saw man
standing on the corner.
"On which corner was lie standing"
! County Attorney English asked Miss Dl-
neen did not reply but appeared confused.
She leaned over and requested the court
reporter to bring her a glass Of water.
When this was done she took sip and
then asked to leave the stand. She wac
assisted by County Attorney English t.
! the judges private office and the court
took a recess. After a few minutes she
was able to return to the stand
/ The question was reread TO her and she
I replied il was on the corner near tine
Meyer residence. she said the man walked
/ across the street very slowly. He had on
! dark suit and she thought he was
smoking The state will contend this was
"
to appear. She said she found no re-
/ volver the morning 4 the tragedy On
! cross-eXamination Mr.. Gurey brought out
that Mrs. Rustn and Dr. Rustin had had
! some conversation which she did not hear
as the doctor lay on the floor IN the hall
wound Not seIf-Iunicted.
! Or. w. r. Lavender, who performed the
autopsy on the body. described the injury
( in detail and produced the .S--caliber bull
! let he took from the wound. He snd
there was no trace Of powder on the
| flesh.
When County Attorney English attempted
/ to procure from him a statement as to
! whether or not the wound could have
| been self-inflictcd vigorous objection was
made by the defense. After much parey-
ing 10 the form Of the question County
/ Attorney English finally asked him what
| conditions he found which would enable