Omaha daily bee., 1908-09-25

flee outside the court room. She retold
the story OF the evening OF September !
and early morning Of September ?, when
she babe her husband good bye at Fortlcth
and Farnam streets soon after I o'clock
in the evening, and found him dying from
a bullet wound in a ship chair on their
front porch. after being awakened by the
report Of a pistol
Both the county attorney and Mr.. Gurley
showed Mrs. Rustin the utmost courtesy
during the hour she was on the witness
stand and her testimony was given almost
as she told the story to officers, and later
the coroners jury. She was given great
liberty in making little explanations. which
would not ordinarily be admitted by a
court IL one of the attorneys objected.
In answer to questions she said:
Fred, my husband, was conscious when
I asked him what was the matter and when
he replied "A man shot me- l have always
believed that he could tell me more. After
telling me that he also told me to send
for DR.. Lord. and when wanted another
surgeon besides he suggested DR.. Rich.
Then he only muttered."
What did he mutter-anything intelll-
gible?" she was asked.
Eyes, / think he said Polly, oh, Polly. -
'Do you know to whom he referred when
he said Polly?'
Didn't Know who 1t Was.
Il do not know to whom he was re-
ferring, nor did not know then"
As TO whether DR. Rustin had his hat on
when found by his wife in the porch chair,
Mrs. Rustin did not know, but offered the
statement that II he had been bare-headed
she would have probably noticed 1t. She
said she telephoned to Mrs. Luther Kountze
and asked her to go over to the Rustin
home and comfort the children. She said
Mrs. Kountze was there when she returned
from the hospital and the house had been
Strengthened. She said she did not know
who picked up the physicians straw hat
and placed 1t on the hall tree, where It
was found by detectives.
One question was asked Mrs. Rustin by
Attorney Gurley which foreshadows the tes-
timony to be given by officer Morgan, to
whom Mrs. Rustin talked at the Clarkson
hospital after DIR. Rustin's death.
Did the officers ask you at the hos
pital If DR.. Rustin told you anything be-
fore he died" she was asked.
IT don't remember what was said at the
hospital"
Did you not tell this detective, Morgan,
AAhA ~ ANuoAii ultu III
one word?"
II certainly could not have told him that,
as DR.. Rustin did talk a little"
Are you sure that you did not tell the
detectives that DR.. Rustin did not say any
thing?'
IT am sure I did not tell them that. II l
told them anything. I told the first Of
ficers to whom I talked just the same thing
which I have told so many times since
that DR.. Rustln did tell me a man shot
him and did suggest that l telephone to
DIR. Lord"
Says She Did Not Scream.
Mrs. Rustin also testified that she did
not scream or did not think she did, except
when she called her servant to assist her
in getting her husband in from the porch.
She also said the children. whom the
Archers said screamed, did not scream, but
got into bed with each other and she
stopped to comfort them when going into
their room after the water bottles.
In answer to a question by the county
attorney Mrs. Rustln said she did not see
a pistol either on the porch. in her hus-
bands hand or around the house.
~ don't believe I ever saw one except
in show windows she added.
with Mrs. RustIn's testimony. the stories
Of the Archefksand the story of the Rice
J woman told before the inquest conflict in
some details.
Mrs. Rustin said she was called to the
telephone by DR.. Rustin at 1890, when he
told her he was leaving the office. About
twenty minutes later she retired and went
to sleep, not awakening until she heard
the pistol shot. The Rice woman has
sworn that she called the physicians home
by telephone and talked to Mrs. Rustin.
Mrs. Rustin could give no idea as to the
time when she heard the pistol shot.
81 did not see a watch or clock until ]
saw DR.. Rustin's watch lying on the desk
after the physicians had arrived and taken
it from his clothing. 1t was then 4:2O, J
believe, and DR.. Lord was calling the
Clarkson hospital"
With Mrs. Rustin's testimony, the morn
ing hearing was adjourned to meet again
at 2 p. m. Mrs. Rustin may be called to
the stand later, after some OF the other
witnesses have been heard.
Physician Tells Story.
DR.. NJ. Langfeid, the first physician to
attend DR.. Rustin, took the stand as the
first witness of the afternoon. He told OF
being called to the Rustin home and at
tending the wounded man.
Asked If DIR. Rustin was conscious when
he arrived, the witness said he could not
say that when he attempted to restrain
DIR. Rustin's right arm, the wounded man
said, Are you afraid OF a shot?"
Then he said something which / took
to refer to a gun and called his wife Polly
That was all, l believe, which DR.. Rustir
said"
Can you tell what time it was when you
reached the Rustin homer"
II should say 1t was about ten minutes
to 4 o'clock"
did you see a gun on the porch or in
the house?'
II did not"
what was on the doctors person."
Nothing but money, keys and a watch. -
He then told Of the calling OF the am.
bulance, the trip to Clarksoh hospital, the
operation on DR.. Rustin's abdomen, which
was found full Of blood, and both the phys
ician and surgeon still believed there was
hope for DIR. Rustin's life.
But he was in bad shape and the opera.
ton was performed largely without ar
anaesthetic, because OF his low condition
County Attorney English objected to ques
tions asked DR.. Langfeld by Mr.. Gurley as
to what DR., Langfeld told the Officers
when they were called to the hospital. and