Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-02
WHO KILLED RUST|N?
Jury to Determine Death Mys-
terry at Omaha.
WIDOW ALERT ON STAND
Tells Story of Fatal Night, Disprov-
ing Suicide.
VICTIM INSURED FOR $4,000
Defense to Show That the Slain Doc
tor Had Long Planned to Take
His Own Life.
VICTIM INSURED FOR $4,000

| OMAHA. Neh, December 2-When the
| trial of Charles f. Davis, charged with
the murder of DIR. Frederick T. Rustn.
was resumed today the examination of
! Mrs RUSTIC. widow of the victim of the
tragedy. still unfinished. Again the
courtroom was packed and the percent
age of women was larger than yesterday.
| Mrs Ahbie Rice, the star witness for the
state. followed Mrs Rustin to recite 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 prevented her carrying into effect.
1t was the policy of the defense to
| secure the exclusion of all that portion
| Of Mrs Rice's story tending to cast
suspicion upon the defendant in the pres
| ent trial and in event of failure to do
| this to endeavor in the cross-eXamina-
ton to create in the minds of the jury
a question as to whether Mrs Rice did
after all fire the fatal shot or make away
with the pistol after DIR. Rustin had
shot himself in her presence.
! After the completion of the jury yester-
day afternoon In the case of Charles r.
Davis, CHARGED with the murder of Dr.
Frederick Rustin, Mrs. R. f. Ar
| cher. who lives directly across the
street from the Rustin home and
| heard the shot that killed DR. Rus
tin and witnessed from her window the
| struggle of Mrs. Rustin to get her hus-
|
| of her experience she had previously
! recited it at the preliminary hearing of
| the case.
Mrs. Grace Howe Rustin. widow of the
slain doctor. showed alertness i'll reply
| ing to questions intended to bring out
| disa approval of the suicide theory. She
| testified to her marriage to DR.. Rustin,
| their removal to Omaha and told of his
| success in surgery and medicine. She
admitted that creditors were pressing her
| husband. She said that Dr. Rustin left
| her block away from home at o'clock
on the evening of the shooting, kissing
| their young daughter goodbye. She then
| reCited the events of the night.
Awakened by Pistol Shot.
Il was awakened by pistol shot she
said. Il looked out of several windows
and then remembered that my husband
was not at home. | went down stairs
and I opened the door I saw the
| doctor reclining on a steamer chair on
the porch. 1 went up to him and said:
Fred. what has happened to you? He
replied: a man shot me.
Il placed my arms around him and
tried to assist him into the house. half
carried him: and as we reached the door
I could no longer sustain his weight and
he fell across the door sill. Then /
screamed for Hannah. my servant. We
got him into the hallway. He was still
conscious, and told me to call DR.. Lord.
which l did I also called DIR. Langfitt,
who was a near neighbor.
Mrs. RuStin then recited the events
which followed of how the physicians
came. examined the wound, decided on an
operation and took the injured man to
IA hospital. In reply to questions. she
said she did not see a revolver around
the house at any time before or after
the shooting. She said she could not
have seen a person leave the vicinity
of the porch, owing to an overhanSing
roof.
Insured for $4,000.
On cross examination. Mrs. Rustin said
that she had no watch and could only
approximate the time of the shooting
1t seemed to her to be about 3 o'clock
in the morning. She said DR.. Rustin had
$4,000 insurance when he died, of which
amount ST., 600 was accident insurance. All
except the accident policies we're incon-
test able, and S23,275 had already been
paid. she sad.
Attorney William r. Curley made the
opening statement to the jury for the
defense and at once began to sum up
the evidence which would be presented by
his side He intimated that the defense
would show that DIR. Rustin had long
planned to take his own life, and that
the entire plan was laid with view to
so commit the deed as to make it possible
10 collect a large amount of accident
insurance which would be contested II ii
We're proved to be Il case of suicide.
Mr.. Gurley also promised to bring
new witness who was in pain sight of
the scene of the shooting and whose tes-
timony would show that after the shot
for at least half an hour Mrs. Rustin
already has testified iii previous hearings
that she reached her husband 5 side with
in five minutes after the shot was fired