Omaha daily bee., 1908-12-03

told or meeting r man who bore a strong
resemblance to Charles +. Davis coming
from the vicinity Of the Rustin house. DR..
Lord repeated his denial Of the statement
that he had told the police he had seen
no one on his way to the house that
morning.
Jurors and Folding BED.
The members OF the jury are well taken
care of at the Merchants hotel in a suite
Of three bed rooms and a parlor, the latter
containing a piano.
A thrilling adventure with a folding bed
was the chief Incident OF the first night
the jury was locked uo. F. c. Jepsen, one
Of the jurors, went to bed early, while the
rest remained up to play cards. Jepsen
was in a folding bed and he sat up in bed
to listen to a story one of the other Jurors
was telling. Suddenly the foot OF the bed
flew up and Jepsen was doubled up like
a jack knife, with his face between his
knees. He set up a lusty yell and his com
rades went to his rescue. Bailiff Kirken-
dali was called in, but it took them an
unusually long time to get the bed straight
ened out. Jepsen was not injured, though
he was badly frightened.
Every precaution is being taken to keep
the Jurors from the crowds that fill the
court room. At adjournment time no one
Is allowed to leave the room until the
jury has passed out. Guards are stationed
at every door to keep tho crowds from
filling the corridors until after the jury
has left the building
Mrs. Rice in Court.
Mrs. Abbie Rice, the states star witness.
was in the court room for a few minutes
Wednesday morning, but as she was not
needed during the forenoon session. she
uropt hack 70 the ritu iaI1 Gha vpoa a.
companied by Mrs. Gibbons, police matron.
and Mrs. Rice's father. The testimony
Of the physicians and Miss Hannah Dincen,
the Rustin servant. will be heard before
Mrs. Rice goes on the stand.
When court opened Mrs. Rustin resumed
the stand for further cross-examination.
Mr.. Gurley examined her as to three pol
icies aggrcgating So 900 in the Aetna Life
and one in the Penn Mutual for $4,000
which had been allowed to lapse shortly
before DIR. Rustin's death, but Mrs. Rustin
confessed she knew very little about tho
insurance affairs of her husband and &c
was decided to get the evidence in some
other way. Mr.. Gurlcy then took another
tack with the examination.
Did you not say when you we're told at
the Clarkson hospital that the police Of
officers wanted to see you, They will get
nothing from me7"
II don't believe l did," answered the
\ witness.
Mrs. Rustin said she saw her husband
every evening for dinner for some time
preceding his death.
= He was home some nights, but I could
not say how many" she added.
. Home All Sunday Night.
:, She said she was sure he was home all
:. pigbt Ctp1ay pIubt oftar sL,o rot,,~..
I from the country and the last Thursday
night of his life. She could remember nc
: other nights he spent at home, though she
: said he must have been at home Other
3 nights.
while the doctor was lying on the floor
n did he speak anyone's manner" Mr.. Gurley
asked.
II He muttered something"
Did he speak anyone's name?"
81 did not think at the time It was any.
i ones name. It sounded like Polly-olly-olly
. oily just like that. I did not think Of rs
: being anyone's name until after read
i what others had said in the newspapers"
. Your name is not Polly?"
g NO.
Time He Was Called.
NJ The first effort OF County Attorney Eng
fish after DR.. Millard Langfeld took tn,
!, stand was to get from him the time Mrs
: Rustin called him and told him DR.. Rustir
was shot. He had some difficulty In re.
membering, but when his memory was re
freshed by his testimony at the coroner
inquest. he said he looked at his watch be,
fore he began to dress and his watch in.
dicated twenty minutes Of 4 o'clock. but
he learned afterward his watch was five
. minutes fast. He saw no one outside the
house as he approached the Rustin home
. 81 asked Mrs. Rustin, How did it hap
y penn And she simply stated, 4 heard
g shot and found the doctor on the porch.
That is the sum of the conversation I hat
with Mrs. Rustin in relation to the shoot
ing"
Il DR.. Langfeld said DR.. Rustin's pupil,
were contracted and he smelled strongly
u Of alcohol.
IS He was conscious" he continued, "sucr
as a man might be who was under tn,
influence of liquor and injured, but no.
enough to rob him of the last ray Of con.
sciousness."
Rustin Hard to Restrain.
DR.. Langfeld said DR.. Rustin was hare
=. to restrain. as he seemed to want to pre-
a vent him from examining the wound. H,
muttered, What's the matter with you
Are you afraid OF a shot?"
81 confess 1 was at the time afraid of /
shot, so / restrained his hand and searched
, his pockets, but found no weapon. Ther
he said distinctly, Polly, oh, Polly! H,
said this so frequently 1 decided Mrs. Rus
tins name was Polly, until 1 Learned
otherwise"
He said he concluded DIR. Rustin ha,
4 been taking morphine. The wound, he con
cluded, was necessarily fatal.
= On cross-examination he said, through
q feelings Of courtesy, he did not inquir,
into the circumstances of the shooting.
D you think the wound could hav,
n been self-inflicted? asked Mr.. Gurley
County Attorney English objected to tn,
. question as not proper cross-examlnatioi
C and the court sustained the objection.
DIR. Lord, who followed DR.. Langfeld OF
the stand, fixed the time of receiving Mrs
Rustin's call at $3.50 o'clock, though he con
y fessed he only knew through what Mrs
Lord had told him.
Asked to SIT Up.
~ When you arrived was the doctor con
y. scious2" Mr.. English asked.