Omaha daily bee., 1908-09-25

we had just as well settle this matter
now" said Mr.. Gurley. after Directing to
Mrs. Rustin stating to the court what her
dying husband had told her.
There Is no theory in law on which that
answer can be admitted in this case. and
/ will bring many authorities here to show
the court the impossibility Of admitting tie
answer to that question. 1t would be hear
say and It cannot come into this case. II
the court has any doubt on the matter l
shall be glad to argue the point at any
time"
The county attorney retorted:
Yes. 1t Can, Says English.
Now, I don't care how much time the
counsel takes in making on this
matter. He can stand here and read all
the authorities and read about all the
cases he pleases, but when we are all
through we will find that the circumstance
in this case control the question and that
the answer given by Mrs. Rustin can be
admitted
"well, we won't take up the time now,
as everyone within a thousand miles OF
Omaha knows what Mrs. Rustin's answer
will be and I had just as soon the court
room Of people would hear it. But we
will argue later as to whether it is to re-
main in the record said Mr.. Gurley.
The county attorney agreed to this and
Mrs. Rustin replied that her husband said
in explanation of how he was wounded:
"a man shot me-"
Court Room Crowded.
When Judge Crawford entered the court
room it was crowded to the capacity and
the baiiff was kept busy keeping places
vacant for witnesses. Just a few minutes
after 10 o'clock the county attorney arose
and said:
1T is unnecessary to make any prelim-
mary statement in this case. but we will
proceed at once to the hearing of Charles
e. Davis, who is charged with first degree
murder"
Mrs. Martha Archer, who lives at 41Os
Farnam street, almost opposite the home
Of DR.. Frederick r. Rustin, was the first
witness called. Mrs. Archer told of being
i'll and sleepless the night of September
l and the early morning OF September ?,
She said she did not know whether she
was awakened or was awake when she
heard the pistol shot which caused her to
get up and look out all the windows and
later go downstairs to investigate.
On being questioned she said she looked
out of the north window of her home i'm
mediately after hearing the shot and saw
nothing.
"The report was so plain that It seemed
to come from directly in front of the
Archer home, perhaps on the lawn she
said, but after going to the other win
dows I returned to the north window and
saw a light in the Rustin home. l heard
a woman scream, then children scream and
a thud as of a falling body. l saw a man
80 -
going westward at a slow pace and with
his hat we'll drawn down over his eyes.
Looked Like Working Man.
Did he look like a working MANI" asked
the county attorney.
81 believe he did"
did you think 1t strange to see a man
going along at that hour of the night?"
mo, l thought he was going home from
the election"
"As to his size; could you tell how big
he was or whether he was short?"
Here Mrs. Archer pointed to Assistant
County Attorney Ellick and said the man,
as near as she could see, was about the
size Of Ellick.
Robert Archer testified that he was
awakened by the shot which made a report
so distinct and clear that it seemed to
UNI lie " pOlNis
But I just thought some one had shot a
dog, he said. we hear a lot of shots UP
in our neighborhood at night"
Better Look at the Clock.
But regardless of Mr.. Archer's indiffer-
ence as to what the shot meant he testi-
fled that he told his wife they should
strike a match and see what time it was
as they might wan to know some time.
He said he did this and his watch, which
Kept good Time" showed It to be 3:25,
which was probably ten to fifteen minutes
after the report of the pistol shot. Mr..
Archer told in almost the same words as
his wife of seeing a light in the Rustir
home, hearing a woman, then children
scream and a noise as of something heavy
falling. He said he did not see a man OF
anyone when he looked out at the north
window.
DR.. Lavender was the third witness. called
When the county attorney called DR.. Laven-
der, DR.. NJ. Langfeld, "a witness, appeared
at the bar and said to County Attorney
English:
II have more important business thar
staying here all morning"
The county attorney looked at the phy.
sician a minute and shaking his glasses
at him. replied:
You are here on a subpoena, are you
not? and you will stay here just as long as
we need you. l am the one who says Ir
what order witnesses shall be called"
Detail OF the story.
DR.. Lavender then proceeded with his
story. the attorneys giving him the greatest
liberty in expressing his opinions. the find.
ings and conclusions reached by perform.
ing the autopsy on the body Of DR.. Rustin
He told in detail of tracing the bulleI
which killed DR.. Rustin and OF finding II
unmarried laying against the spinal column
1T weighs elghty-six grains" said tn,
coroner's physician" and had It been fireC
at close range and passed as it did only
through thin tissues, l believe It would hav,
gone entirely through the body or imbeddeC
itself in the spinal column. l have ex
amined several hundred people who have
been killed by bullets and this is my belle.
based on my experience"
Attorney Gurley asked the coroner's ex,
pert II the amount Of powder back OF tn,
bullet would not have something to dc
with the velocity and force Of the ball.
1T certainly would" replied the physi
clan. But nave taken all things int
consideration, the thickness of the yes