Omaha daily bee., 1908-09-10

whether anyone answered the telephone or
not.
Clara Gleason testified that she owned
the boarding house" at 1O2 Douglas street
and the Rice woman came there Saturday
morning. August %, about 3 o'clock with
Dr. Rustin and had a room there the night
Of the shooting. She said the Rice woman
came in between 1880 and 10 o'clock Tues
day night, went to her room and undressed
and came down stairs to use the telephone.
The Gleason woman said Mrs. Rice called
what she supposed was DIR. Rustin's home
and talked with someone. After she hung
up the telephone. she said: THAT woman
lied to me; l know Or. Rustin is there, as
| left him St his home"
stnid There All Night.
After that the Rice woman came down
and used the telephone again about l
o'clock and at 5 O'Clock the next morning.
Thu Gleason woman had not been in bed
and heard the telephoning at 1 o'clock and
at 5 o'clock. She said she did not know
whether anyone answered the telephones or
not after the first time the Rice woman
'phoned. This was about II As o'clock. The
Gleason woman swore that Mrs. Rice was
in her room all night and did not leave
the house until officers came for her at
10 o'clock the next morning.
Then the boarding house" keeper told
OF Mrs. Rice handing her a little package
as she went away. She told the Gleason
woman to keep II for her, but she opened
it and when she found a check for $500
signed by DIR. Rustin she telephoned Cap
tain Henry Dunn She says Captain Dunn
told her to keep the check under cover as
a protection to Or. Rustin's family, and
she thought the captain advised her to de-
stroy it, which she did by tearing it up
and throwing it into the ever. She said
later Captain Dunn telephoned and said
he wanted the check, as the Rice woman
and DR.. Rustin were intimate, and he
thought he had better take charge Of the
check. She told him what she had lone.
In the package besides the check were two
IS bills, three bottles Of morphine, a bot
tie of poison and some pictures of DR.. Rus
tin, together with a cigar case.
Dunn Confirms This.
Captain Henry Dunn was called to the
stand and told Of the conversation with
the Gleason woman about the check. He
said:
when she told me OF the check l had
no idea the Rice woman and DIR. Rustin
would be mixed up together in this case
as they have been, and l told the woman
to keep the check under cover. l did not
tell her to destroy it, but to hold it and
not say anything about 1t until it became
necessary because I knew 1t would hurt
the family Of the dead physician. Later
1 called for the check and learned the
woman had destroyed IT,"
An important part OF Captain Dunn's
testimony concerned his experiments with
a S2-calibre revolver and the coat worn by
~. TA--aG -a-I-A -
of goods with the vest through which the
bullet passed which killed him.
Holding the coat up before the Jury, the
police captain said:
These shots were fired from a so Colts
with a four-inch barrel, longer than the
average 80 revolver has. This long barrel
would, of course, lessen the probability of
powder burning the goods when firing a
bullet through the coat.
81 fired what are known as .32 longs at
three inches from the coat and burned the
goods badly; at twelve inches the gun
made slight burns, but the burns around
the hole in the coat made by my long
barreled gun at a distance of from sixteen
to eighteen inches are those which CORE
spond nearest to the slight burning around
the hole in the vest of DR.. Rustin, through
which the bullet passed which caused his
death.
II should say the gun which killed DR..
RustIn was held from twelve to eighteen
inches from his Body, my tests showing
that to scorch the vest as It did the gun
was about sixteen inches from the body"
Martin Meyer Heard SHOT.
Martin Meyer, whose home is at l1O2 Far
nam street, within twenty feet OF the Rus
tin home, told of his hearing a shot about
3 o'clock Wednesday morning, but could
not see nor hear anything afteE the shot
was fired and concluded the night watch.
man had shot one Of the pet rabbits In the
neighborhood.
II had been up" said Mr.. Meyer. 81
looked at my watch when I got up and II
was twenty minutes of 3. l guess l was
up as much as twenty minutes when
heard a shot which seemed to come from
in front of my residence. 1 looked out tn,
window. l could see almost 100 yards OF
either the east or west side OF my nom,
up and down the street. l could see tn,
Rustin yard, all except a little spot il
front OF the porch. l saw no one in tn,
yard, nor did hear a noise of any kind.
Q Did you hear a body fall7"
e mo, 1 did not"
= did you hear v~olces?"
mo, sir"
q Juror Selby then asked the witness:
8 Would 1t have been possible for a mai
t to have left the porch of DR.. Rustin's HON
I and walked away without your seeinI
1 him?'
e YES, he could have gone around tn
Q east or west sides and 1 could not hav
seen him"
Have you a window on the west o
n your roomT'
r No, my room is on the east side of tn
t house."
Gould a man have left the Rustin port
e and passed between the houses withou
r. your seeing him
yes. l believe a man could have lei
q and gone between the houses, walkin
north without my seeing him.
Frank Sutcliff. former court reporter, ha
made a complete record Of the testimon
for the county. and William 9. Heller mad
a complete record of the testimony for tn
insurance companies.
VAIN SEARCH MADE O THE GU
Eight Omcers ScOur Big Territory 70
Rusttn Pistol.
0 No trace has been found OF the revolve
with which DIR. Frederick Rustir was sho
|. though another thorough search, while
covered a much larger territory than PR