Omaha daily bee., 1908-09-25

From your observation Of the man
whom you saw on the morning OF the %
and Charles f. Davis. was there a resem-
blance?'
Il thought there was a similarity"
was this similarity close or otherwise?'
Rather close"
Never Sure Of Suicide.
DR.. Lord told OF the scene at the Rus
tin home and said he did not think the
physician was conscious after he arrived
He also told OF Mrs. Rustin begging the
surgeons to wait II they could for DR.. Rus
tins mother to sec her son before he
was taken away in the ambulance.
did you inquire how Or. Rustin was
lnjured?' asked Attorney Gurley.
II did not"
Did you have any knowledge as to how
he was iniured?"
II did not
From the information you got over the
telephone. did you expect to look for any
one who had shot him?"
mo, I don't think that | did"
Now, didn't you, when you were called
by Mrs. Rustin. have the suggestion come
to you that DR.. Rustin had shot himself,
and not hat someone had shot him.
This question aroused considerable dis
cussion, but the court allowed DR.. Lord
to answer and he said:
There was a conflict in my mind as to
whether he shot himself, or was shot by
another"
DR.. Lord said he was within about 1875
feet Of the man whom he passed on Far
nam street, when he first saw him, and
watched him closely.
Did you pick Davis out Of the crowd
Gautarnhar II ny uya he pnipted ont To
your asked Mr.. Gurley.
He was pointed out to me-
you testified at the inquest and did not
mention seeing a man, did your"
Mo-
AT the hospital, the morning of Sep
TENDER 2, did not Officer Leahy ask you II
you saw anyone, and did you not tell him
that you did not?'
mo, sir, l did not tell him any such
thing"
Did not you tell Detective Morgan that
you saw no one?"
Il did not"
Tel about your conversation with the
officers"
II told them that l had seen a man on
Farnam street, and we had to tell them
that we saw no gun and all the other cir
cumstances surrounding the shooting which
we knew
Mrs. Kountze Takes Stand.
Mrs. Luther Kountze, a close friend of
Mrs. Rustin, followed DR.. Lord as a wit
ness and told of Mrs. Rustin calling her
by telephone from the hospital and asking
her to go over and look out for the chill
dren. Mrs. Kountze said she went to the
Rustin home about 9 o'clock and found
officers already there. She said she as
sisted in Strengthening things up and found
a soft straw hat, which she thought was
old, on a box in the hall. She said she did
not know how the hat got on the box, but
she hung it up on the halltree.
Fred J. Stack, undertaken, in the employ
Of Bradley & Dorrance, told of receiving a
call for the ambulance early on the morn
ing of September 2, when DR.. Lord called
and told them to hurry, as DIR. Rustin had
been badly wounded. He said he looked at
his watch and made an entry on the am
bulance record, showing the call came at
4:10 a. m. The record was produced In
court. With Don Moon. his assistant Mr..
Stack drove to the Rustin home, going on
Farnam street from Twenty-fourth street.
He said that at Twenty-eighth and Farnam
streets they passed a man walking slowly
on the south side of Farnam street. Mr..
2ldCh utsCIlDeu lulS man as snort ana
portly, dressed in dark clothing, dark hat,
and he thought 1t was about 4:3O o'clock
when the ambulance passed the man at
Twenty-eighth street.
Don Moon, 1925 Cunning street, the under
takers assistant, confirmed the testimony
of Mr.. Stack and described the man whom
they met at Twenty-eighth street, noticing
him particularly because of his slow walk.
II thought he was walking too slow for a
man going. TO work that early in the MORN
ing" said the boy.
Cigar Stubs and Tablets.
Two white tablets and two cigar stubs
were lying on the porch the morning that
DR.. Rustin was shot, according to the testi-
mony of Hannah Dineen, maid at the
Rustln home. When she went out to
sweep off the porch, as was her custom,
she found one of the chairs, a steamer
chair, drawn close to the railing and par
allel to 1t. A cigar stub lay on the railing
near the chair. At some distance from this
was another porch chair, and near this, on
the porch floor. was another cigar stub
and two small white pills, one OF which
had been crushed, looking as IL 1t had
been stepped on. She swept all OF these
things off into the grass.
When Miss Dineen came home from Dun
dee tho night before the tragedy, about IL
o'clock, she saw a man, she said. standing
on the northeast corner of Forty-first and
Farnam, who crossed the street to the
south when she approached. He walked
slowly and seemed undecided as to where
he wanted to go. Miss Dineen says he
walked west a little way on the other side
OF the street, then came back and stood
directly across from the Rustin house and
was still there when she went in. He was
dressed in dark clothes, and was OF a
rather heavy build, He seemed to be
smoking.
Benjamin A. Keyes, night Waterman, tes-
titled that he had seen a man at Thirty
first and Farnam at shortly after 4 o'clock.
who was walking east on the south side OF
the street slowly. He seemed to be sick"
said Mr.. Keyes, land was very pale. He
walked slowly, with his head down, and
was mumb!ing to himself. He was short.
heavy, with a full smooth-shaven face, and
was wearing a dark suit"
"What would you say as to his resem-
blance to this man?" asked County At
torney English, pointing to Davis.
There is a very strong resemblance"
was the answer.
Harold UndeThill, the PAPER carrier who