Omaha daily bee., 1908-10-03

Frederick Rustin on the morning OF sep
tennbor 2 was filed in district court By
County Attorney English Friday. T n
information contains but one count, eharg-
ing murder with "premeditated malice"
ana conforms closely 90 the ~ootnplaint
filed In police court some time ago upon
which Davis was bound over to the dis
triot court.
An effort by Attorney T. ]. Mahoney
for Mrs. Frederick Rustin, to uncover the
identity Of a man who visited Mrs. Abbie
Rice. chief witness in the Rustin shooting
mystery, when she was in Clarkson hos
pifal for treatment last February was one
Of the principal features Of the hearing
asked by the accident insurance companies
which was held before Judge Sutton Of the
district court Friday morning. A letter
written by Mrs. Rice to DR.. Rustln thank
ing him for what he had done for her and
msking reference TO her baby and her hus-
band was read by Attorney Mahoney and
Mrs. Rice admitted writing the letter.
The hearing was devoid of sensation and
was exceedingly formal, all the questions
having been reduced to writing in adj
vance. Il was held at the request OF tine
three accident Insurance companies in
which DR.. Rustin carried policies in order
TO preserve the evidence in such shape that
~ could be used in case Mrs. Rustin started
suit against the companies to collect the
face Of the policies.
Charles Il. Davis. against whom the
charge OF numbering Dr.. Rustin has been
made, was not present, though he had
been subpoeneed to undergo AZ examlna-
tion. II was by consent Of r, w. Brecken-
ridge, attorney for the insurance com
psnies, that he was absent.
DON'T Want to Enlbarras Him.
mir. Davis is under bond to appear in
court and we can get him when we want
him." said MI. Breckenridge. I'VE have
no desire to force a man who is charged
with a capital offense to appear and give
evidence that may embarrass him in his
trial. We viii not insist on his being here,
probably, until after his trial. Then II 1t
Should be necessary we can call him.
w. r. Gurley, Davis attorney, was pres
ent, but took no part In the proceedings.
A small audience, made up largely OF
women. listened intently to the evidence.
The first part Of Mrs. Rice's evidence con-
cerned her coming to Omaha and her re-
lations with DR.. Rustln.
state whether or not at any time DR..
Rustin asked you to kill him or to put an
end to his life or to help him to take It."
HE asked me to kill him about a month
before he died at his office, which I didn't
do. Then we talked about II In his barn
at his residence, and he insisted that l kiln
him. but 1 didn't. He asked me to shoot
hin in the abdomen one night in his
Office
estate whether or not the said Or. Fred
eriek Rustin at any time ever told you of
any attempts which he had made upon his
nryn ltfa and ~ q afo4o Tho 4s~. -
place and circumstances under which he
made such statement"
Injected Typhoid Germs.
HE told me about injecting typhoid
germs about three years ago one time at
the office shortly before he died. He said
something about trying to i~noculate him
self with lockjaw germs"
The next question referred to conversa-
tons in which the doctor had told her
about his financial affairs and the payment
OF his debts out of the insurance money.
HE spoke about his Indebtedness sad
Mrs. Rice. "He referred to a note at the
bank which was due, Of owing bills to doc
tors here in town and of other small debts
and he said he believed these debts could
be paid with his Insurance money"
State whether or not you had any con-
versatlon with DIR. Rustin on or about Sep
TENDER I, 1908. OF the purport or to the
effect that he intended to bring his life
TO an end or to cause It to be brought 10
an end with the assistance OF any others
than himself, and II so what was said By
either or both of you
1T had a conversation with him ahout
September /. He said he was to be shot
that night and some one besides himself
was to do It. In his office he pointed out
Il certain party that was to do 1t. He said
this man would do 1t for certain poison
with which to end his own life. He said he
was to be shot near his home some time
afterward."
This was as near as anyone at the hear
ing came to referring to Charles E. Davis.
Opposed to Suicide.
DIR. Rustin did not want to commit sui
eide" said the witness in response to an
other question. He wanted his death ac.
complished IN such a manner It would not
be suicide. so that his family would get
the insurance. I had a conversation with
him in which he said a certain party that
wanted to end his own life would shoot
him In the abdomen near his home in the
West Farnam district"
Mi. Mahoney. for Mrs. Rustin, submitte
. long list of questions in cross-examina
zion. which he read to the witness one BY
CHN AhS Nv AuSoNioh5 III GnlcIs Iney Were
all written. They went into Mrs. Rice's
history before she met DR.. Rustin in some
detail and many OF them were aimed at heI
character. Mrs. Rice answered them ali
with apparent frsnkness. She admitted
she had lived under a number OF names
and that she could not remember them all
Referring to a previous answer, in which
she said DR.. Rusun had given her a check
for $500, Mr.. Mahoney asked:
Pwhen did DIR. RusJin first begin givins
you ohecks7"
The only check I received was the one
for $500 he gave ne a few days before
he died
How often and when did he give you
money!
II gave me money in small amounts
when I asked for IT,"
Visit Nearly Every Day.
During July and August how often did
you visit DR.. Rustin's officer"
Nearly every day, l guess"
Were you ever accompanied by a male
friendf'
mo"
I'm August. lSs. during the absence o,
Mrs. Rustln, did you take dinner at the
Rustin home In company with a bartende,