Omaha daily bee., 1908-09-25
RUSTIN <S SUICIDE
Physician Did Not ~ elf, Dr..
Lavender Tel
c. E. DAVIS HEARING Is TART
DR.. Lord Says Defendant Resembles
Man He Saw that Night.
Il TOLD OFFICERS 1 SAW HIM"
Surgeon Makes This Statement, Con-
tradicting Two Police.
LATTER DENY WHAT HE RELATES
Preliminary Examination of Charles
Il. Davis, Charged with Murder
Of RustIn, in Police
Court.
81 TOLD OFFICERS I SAW HIM
Surgeon Makes This Statement, Con-
tradicting Two Police.
LATTER DENY WHAT HE RELATES


giEt and ocroner's physician, before he
could be interrupted by an objection from
the attorneys Of Charles z. Davis.
DR.. John p. Lord, who was called TO
the Rlstin home and hurried west on
Farna1n street, six blocks from his home
to that Of the wounded physician, testi-
fled that he passed q man coming east
ON Farnam at rhirty-oighth avenue; that
tho man was thirty feet from him ana
attracted his attention because Of the
peculiar gait of the man. He said the
man WAS of medium height, probably
five feet, seven inches, of stocky build,
with a round face, smooth shavsn, and
wearing a black hat, pulled down well
over his eyes, and that from comparing
has since seen, the similarity between
the two men Is rather close.
DR.. Lord testified that he told Officers
Leahy and Morgan at Clarkson hospital
that he had seen this man.
Charles Il. Davis, charged with the muir
der OF DIR. Frederick r. Rustn early on
the morning OF September 2, appeared in
police court before Judge Crawford at 10
o'clock Thursday morning for preliminary
hearing, and several important Witnesses
Mr.. and Mrs. Robert Archer, DR.. William
r. Lavender, Drs. j. p. Lord and Millard
Langfeld, Anna Dneen maid at the Rustin
nome, ana lnt WluOWt MIS- OidCt IlpM
Kustm-gave their testimony The hearing
adjourned at p. m, to begin this morn
ing with Mrs Abbie Rice on the stand.
w. r. Gurley and John w. Parish are
attorneys for the defendant, while County
Attorney English and his assistant, a. G.
Ellick, are prosecuting Davis
Before Attorney Gurley could interposa
an objection Dr. William r. Lavender
stated fiatly on the witness stand that
DR. Rustin did not kill himself.
This unexpected statement caused the
attorneys for the defense plainly to indi-
cate that they were startled-but It was
no use. The testimony was in. the opinion
expressed and with that accomplished
County Attorney English poured haff a
dozen questions at DR.. Lavender that he
might nave an opportunity to support his
statement.
Convinced of This Theory.
when l started to perform the autopsy
on Dr. Rustin / was under the impression
that Or Rustin had committed suicide.
believed that he did. but as l followed the
course of the bullet and found 1t lying
unmarked against the spinal column with
out being imbedded In the bone l became
convinced that the wound was not self
Inflicted"
Asked II he made the examination ant
took into account all the conditions anc
circumstances which would tend to show
that IL was possible for DR.. Rustin to have
inflicted the wound himself, DR.. Lavender
replied:
Il took everything into account, thu
course Of the bullet, the clothing, tissue IA
and thin part of the liver which the buile
penetrated"
County Attorney English is proceeding OF
the assumption that DR.. Frederick I. Rus
tin was murdered and much Of the testi
mony given at the coroner's inquest, there
fore which might tend to show that tn
physician. took his own life will be elmi
mated. Or. Lavenders answer was uneX
pected.
When Charles E. Davis entered the cour
room a few minutes before 10 o'clock h,
was with a driver and the two stood IL
the back part of the court room aga!ns
lhe wan and among a score of spectators
Little did any OF those standing along tn
wall or those in the court room who di,
no, know him personally, suspect that h
vas the man charged with first degre
murder.
looked Like Spectator.
The fact that no one knew Davis was tn
man VINO is the central figure in the mur
der mystery was shown by the look of IN
concern on his face as he stood in the rea
OF the room watching people gather t
hear the testimony. He looked like q
idler who was passing by, and, seein
ether people going up the steps into III
police court room, followed to get a bit {
the latest police news
No change in Davis demeanor or no loo
of concern or even interest in the caI
was apparent during the entire proceed
ings OF the morning, and when he move
his chair TO allow Mrs Rustin TO pas
and later got up to allow her TO leave II
witness stand he did it without lookin
at her ana seated himself again benin
Attorney Gurley and looked out Of the VIII
dows.
Fred II. Davis, vice president Of the Flri
National bank, and Latham Davis, wealth
brothers Of the man charged with KILN
Dr. Rustin went to the court room [,
gether and were given seats immediatel
behind their brother and Attorneys Gurle
and Parish. They showed their deep il
terest in the case and smiled when Mr.
Robert Archer testified To seeing a ma
walking west on Furnam street a fe
minutes after hearing the shot which kin,
about the size of Assistant Attorney .
G. Elick." Ellick is much taller this
Charles r. Davis and the description Civ,
by the Archer woman was satisfying
Davis and his friends.
Many Arguments Coming.
The county attorney and Mr., Gurley W
have many arguments over the introdu
tion Of testimony. In fact the hearing hs
shav .
attorneys agreed to argue later wheth
20 admit Mrs. Rustins answer TO the que
tion asked by the county attorney. "Wh
did DR.. Rustip say to you when you ask
him what the matter was there on Il
porch where you found him2"
Mr.. Gurley was on his feet before Il
question was asked and had warned Mr.
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