Omaha daily bee., 1908-12-08
new WITNESS IN DAVIS CASL
tcontInued from F1rst Paeel

Ing and acted as II he was going to speak.
eFaring a holdup DIR. aMthews said he
kept his eye on him. When they came
close together he saw the mar was smooth
shaved, wore a dark suit and a soft hat
crushed down. He had no vest. His nose
was bleeding.
II said, What's the matter?'" the wit
ness responded In answer to a question,
land he said, I had some trouble. l went
out on Farnam street to see some people
and the man was not at home. His wife
and 1 got full and the husband came home
about 2 or 3 O'Clock this morning and
threw me out"
Mr.. English brought out on cross-exam-
nation the fact DR.. aMthews had been dis
qualified from practicing medicine on
charges he had conducted a criminal oper-
alton on a young woman.
Il was falsely charged with such q
thing said DR.. Mathews.
Meyer Heard n shot.
Martin Meyer, who lives next door to
the Rustin house, testified he heard the
she at 2:5O o'clock, he having just gotten
up out of bed and looked at his watch. He
says he looked out of the window at once
and could see no one about the front of the
Rustin house. He said he listened about
w ~ AAAAAAANe oAA chAN . "a hNaA
no one.
Evidence to impeach Mrs. Rustin's tes-
timony was offered by Miss MARITIME Thode,
superintendent of nurses at GARRISON hos
pital, where DIR. Rustin was taken i'm
mediately after he was shot. Miss hTode
says she was present when a nurse told
Mrs. Rustin the police officers wanted to
talk to her and heard her say in reply,
They'll get nothing out of me-
Miss Thode was the last witness for the
defense and Immediately after she left the
stand Mr.. Gurley announced the defense
would rest and at Mr.. English's request
court adjourned until morning,
Insurance Policies Lapse.
Evidence that DR.. Frederick Rustin had
allowed $4,000 in life insurance to lapse
within two weeks before his death was Of
fered by the defense in the Davis trial
Monday morning in an attempt to show that
he did not plan his death as Mrs. Abbie
Rice testified in order that his family
might secure his insurance.
Latham Davis, a brother of the defend
ant, also went on the stand and testified
he was in DR.. Rustin's office the afternoon
before his death and saw a man there who
c~orresponded to the description of the man
Mrs. r. e. Archer saw pass her house
opposite DIR. Rustin's a few minutes after
she heard the shot. The theory that this
might be the same man was not developed
by the defendants attorneys, however.
The jurors appeared refreshed by theiI
Sundays rest, which was spent in their
rooms at the hotel and in the criminal
court room. A mock trial Sunday morning
was their principal pastime. Bailiff Kirk.
endall took them to the court room in the
forenoon and they proceeded to have some
fun at his expense.
In the evening Bailiff Kirkendall pro.
vided music by a colored quartet.
Big Policy Lapses.
c. u. Gould, general agent for the Penn
Mutual Life Insurance company. was thC
first witness Monday morning. He testi
fled the premium on DIR. Rustin's $500
policy in his company was due August %
On the afternoon of September l he said
he called up the doctor at his office anC
reminded him the payment was overdue.
DIR. Rustin said, Meet me at 2 O'CLOCK
tomorrow and 1 will give you a check"
This conversation took place about the
time Mrs. Rice says DR.. Rustin told hei
he had secured Charles Bavis to shoot
him.
John Dale, agent for the Aetna Life In.
surance company. testified two Of DR.. Rus
tins policies lapsed August 20 and one
more August 10. They aggregated $4,000
Some time before they lapsed he left q
note covering the premium for DR.. Rustir
to sign. This note would have extended
the insurance to September IL. The note
was never returned to him, though it was
found signed among DR.. Rustin's papers
after his death.
Detective j. T. Donahue was put on the
stand to impeach Mrs. Rice's testimony
He testified the Sunday she made the con,
fession he took her to Chief Savage's Of,
flee and Chief Savage said to her;
People are beginning to think you NIGH
have something to do with the case anC
you had better tell what you know"
What did she say?"
"She said, 1 have nothing to say"
Check signed by Davis.
This conversation was a short time be
fore she made her written statement. p
B. Myers testified he had paid a check fol
SIS to DIR. Rustin the afternoon before hi
death. The check was signed by Charlie.
4. Davis and is presumably the one Davi
testified he gave DIR. Rustin for medicine
Officers Lahey and Morgan of the polio,
force both went on the stand and testified
they asked DIR. Lord the morning Of tn,
murder whether he had seen anyone OF
his way TO the Rustin home and that DR.
Lord had answered no" They also testi
fled Mrs. Rustin had told them DR. Rus
tin had said nothing to her after he wa
shot.
County Attorney English subjected boil
officers to a grflling cross-examination
officer Lahey admitted he had made n
written report of the conversation witt
DIR. Lord and Mrs. Rustin until Septembe
13 or IA, after the newspapers had publishe,
the statement from DR.. Lord that he ha,
told the officers about seeing the man.. II
said he had made a verbal report.
When Morgan went on the stand MI
English showed him a copy of his lepor
and insisted he had not set out the ques
lions and answers he said he had put t
Mrs. Rustin.
Frank J. sutcliffe. stenographer, test
fled as to statements made by a numbe
of state witnesses at the preliminary hear
ing.
Was the Clock Thereg