Omaha daily bee., 1908-12-09
CASE NEARS CLOSE
Continued from First Page.)

AOA 80 X oBGJ
statement that he, Pease, had told Salyard
he saw no one on his beat near the time
of the murder.
Jack WEIGH recalled n repeated his
statement that 1t was about 10 a'clock he
saw DR.. Rustin in the Falstaff saloon and
that he did not believe he was In the Fall
staff when some of the defense's witnesses
testified they saw him there.
Mrs. Rice was recalled a second time to
offer a possible explanation to Councilman
Zimman's testimony that he saw DR.. Rustin
at $50 the night of the murder. Mrs. Rice
aid Monday night she and DIR. Rustin were
at Clara Gleason's place and about IL
o'clock DR.. Rustin left the place, returning
about 2 o'clock. ~' o..
The state will contend 1t was Monday in
stead of Tuesday night that Mr.. Zimman
saw the doctor.
Frank j. Sutcliffe was on the stand again
to testify as to some minor point in the
preliminary trial, In which the statements
Janitor Hanson of the Chatham and Nina
Carter, the chambermaid differed from
their evidence at the trial.
For the third and last time Mrs. Rice
was put on the stand again by the county
attorney to deny she had ever ridden in
street cars with DR.. Rustin at the times
Mrs. Allen testified she saw her.
IL sat with the doctor only twice on
street cars she testified; these times
were near midnight. 1 was not with him
at the other times Mrs. Allen says she
saw US"
Mrs. Allen Again Disputed.
AS the elimination Of the states rebuttal
evidence came Mrs. Margaret Anderson,
AL. g-I a. - NJ =
first told of seeing Mrs. Rice, or, as she
supposed at that time, Mrs. Rustln, the
morning of the murder. Mrs. Anderson
said she did not live on St. Mary's ave-
nue. at the time of the murder. as Mrs.
Allen said she had, as she had moved to
1914 California street August 16.
did you have a conversation with Mrs
Allen about IL or ~ o'clock on the morn.
ing of the murder in which she said she
had seen Mrs. Rice or Mrs. Rustin al
Sixteenth and Farnam streets?"
mo, l never had such a conversation
with her."
Mrs. Anderson said Mrs. Allen told he,
Once that she knew DR.. Rustin, but die
not mention either Mrs. Rice or Mrs
Rustin.
Bertha Busch, for whom Mrs. Allen hat
worked at 610 South Tenth street, wa
the last witness called by the state. sh,
denied she had known Mrs. Allen In Lin
coin, as Mrs. Allen testified she had. Sh,
first met her about three years ago, sh,
said, when Mrs. Allen and another woman
came to the place, as she supposed, t,
get acquainted. Afterward Mrs, Allen haC
worked for her.
You were running a house of assigna
ton all the timer"
YES
Anybody Could Know IL.
Anybody working there could see wha
kind of a place it was7"
yes"
She said Mrs. Allen worked for her day
and until midnight. On cross-examinatio
she admitted to Mr.. Gurley she was still
conducting an designation house.
When Miss Busch left the stand botl
sides rested and Judge Sears directed Dep
uty County Attorney Ellick to begin tn,
argument.
Mr.. Eliek first discussed the law re
lating to murder and declared It was no
necessary for the state to show tina
Charles e Davis finger actually pulled
the trigger.
'The court will instruct you that 4
Davis and Rustin entered into a compac
involving the life Of both or them, or only
of DIT. Rustin and Dr.. Rustin came to hi
death as the result of the compact
Davis is guilty or murder. II there wa!
a conspiracy to take the life OF DIR. Rustln
no matter for purpose. whether 1
was to get life insurance for his family Of
not, every party in the conspiracy wal
guilty Of murder"
He then reviewed the evidence, which
showed DR.. Rustin had come 70 Omaha IN
1900 and had had a large practice for SONS
time. and then he started to drink and hiI
practice fell away so he could not proVid,
properly for his family.
HE then set about" said Mr., Elliok
ito provide for them by his deam what h'
could not provide In life"
Foley's Orino Laxative cures chronic con.
stipation and stimulates the liver. orinS
regulates the bowels 80 they win aci
naturally and you do not have to take pur'