The Topeka state journal., 1908-12-02
MRS. RUSTIN TEsTIFIES.
Widow of Dead Physician on Stand in
Davis Case.

Omaha, Neb., Dec. 2.-When the
trial of Charles e. Davis. charged with
the murder of DR.. Frederick T. Rustin.
was resumed this morning the cross
examination of Mrs. Rustin, widow of
the victim of the tragedy, was still
unfinished. Again the court room was
packed and the crowd showed larger
percentage of women than vest terday
Mrs. Abbie Rice, the star witness for
the state, followed Mrs. Rustin to re-
cite in court for the fifth time the
story of her life and of the suicide
agreement made with DR.. Rustin
which only her lack of nerve prevent
ed her from carrying into effect 1t
was the policy Of the defense to secure
the exclusion of all that portion of
Mrs. Rices story tending to cast sus-
picion upon the defendant in the pres
ent trial and in event of the failure to
animation to create in the minds of
the jury the question whether or not
Mrs. Rice did after all fire the fatal
snort or make away with the pistol
after DR.. Rustin had shot himself in
her presence.
When court opened Attorney GurIey
for the defense asked Mrs. Rustin to
produce certain insurance policies on
the life of her husband. She said her
lawyer had them and would produce
them. Mrs. Rustin said she recalled
but two nights during the two weeks
from the time of her return from
visit out of town until the night of his
death when DIR. Rustin was at home
all night.
The desired life insurance policies
having been brought into court and
identified by the witness it was pro-
posed by the defense to show that the
them incontestible except for nonpay-
ment of premiums. The prosecution
objected to Introducing this matter as
a part of Mrs. Rustin's cross examina-
finV1 1aff ffe,- Il
Mrs. Rustin was followed on the
stand by Hannah Dineen, the Rustin
servant, who helped Mrs. Rustin bring
her husband into the house after he
had been found dying on the porch.
DIR. Millard LangfeIdt, who was
neighbor of Dr. Rustfn and was called
by Mrs. RuStin soon after the shooting
of her husband, testified that the call
came at approximately 20 miutes of 4.
He said that although he had never
heard her speak before, he received
the impression thai it was Mrs. Rus
tin talking. He ceatd not account for
the impression. ~
After describing the condition in
which he found DR.. Rustin5 he said:
'I asked Mrs. Rustin how did this
happen and she answered that she
heard shot and found her husband
outside. Nothing more was said on the
He noticed that the pupils of DR..
Rustin's eyes were contracted, sug-
geSt1ng he was under the influence of
During cross examination the de-
fense tried to bring out that from mo-
tives of delicacy the witness refrained
from inquiring into the circumstances
of the shooting at the time, but the
objections of the prosecution were sus-
tanned. A question as to whether the
wound could have been self inflicted
Was also ruled against.
DIR. John P. Lord, a former partner
of DIR. Rustin, who was also called by
Mrs. Rustin at the time her husband
was shot, stated that on his way to the
Rustin home he saw a man walking
town who strongly resembled
Charles E. Davis, the defendant, whom
he did not then know.
On cross examination DR.. Lord said
he was not asked at the coroner's in
quest as to having met any one on the
way to the Rustin home and did not
testify regarding it then. He stated
that he did not ask Mrs. Rustin any
questions regarding the circumstances
Of the shooting. He did not notify the
police of the matter.