Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-11-09
RUSTIN STORY TOLD AGAIN
Widow Of Late Omaha Doctor on
Stand in Insurance Suit.
SAYS WAS SHOT WHILE ON PORCH
Accident Companies In Louisville
Court Plan Defense Death was
Due 90 Complementary
Dispositions.

LOUISVILLE KY, Nov. S-(speoial Tele-
gram THE case OF Grace H. Rustin,
widow Of DIT. Frederick Rustin OF Omaha,
against the Fidelity and Casualty com
pany OF New York the Aetna Insurance
company, the Casualty Company Of Amer
lea the Travellers Insurance company and
the Employers Liability company went TO
trial yesterday in Judge Fields court
The plaintiff Is suing for about $4,000
accident insurance carried by her husband
when he was shot in Omaha and from
which wound he died September 2, 1908.
Mrs Rustin is now living IN Havorhill,
Mass
The defendant insurance, companies the
cases having been consolidated, held that
DR. Rustns death was an accident. but
sllege that II was the result OF a con-
spiraoy. Mrs Rustin. placed on the stand
at o'clock this afternoon, related that her
husband was shot while sitting on his
front porch.
T. J. Mahoney Of Omaha and Marshall
Built Of Louisville represent the plain
tiff, while Fred Forcht, Colonel Bennett
H. Young, David Baird and others repre-
sent the defendants. The case will be on
for several days, but court will not sit
tomorrow on account Of election. The rest
OF the testimony will be by dispositions
which were taken in Omaha and Denver
several weeks ago. Maps Of streets and
pictures are on exhibit IN the case. The
opening statement for Mrs. Rustin was
made by Mr.. Mahoney and for the defend
ants by Fred Forcht.
Mrs. Rustin on stand.
Mrs. Rustin on direct examination, said
she did not know who shot her husband.
She submitted to a rigid cross-examina-
ton by David Baird. The witness de-
clared that money matters were a source
| Of constant trouble between her husband
and herself She admitted that her hus-
band had borrowed money from his mother
| and had failed to meet note, for which
she upbraided him. She also admitted that
! she and her husband had discussed the
matter OF leaving Omaha, as he had made
a failure in the practice Of medicine so far
as money matters were concerned.
When questioned as to the fact that her
husband had not spent a night with her
for two weeks before he wRs shot, she
said that he had spent Sunday night al
| home with her during the period OF time.
Mr.. Baird asked the witness II her hus
band had not taken typhoid fever germt
in milk with the intention Of committing
suicide The witness said he had typhoid
fever and she told a physician that sht
thought he might have taken typhoid feve
germs, as he had some in his possession
which came from Chicago She said sh,
|, never saw him take any germs, but saw
} him throw some in the furnace She wa
questioned strongly why she did not cal
in the neiEhbors as soon as her HUSBAND
was shot, but she said she called various
persons as soon as she could. Mrs. RustiI
was on the stand over an hour.
The defense has prepared to build up al
elaborate case upon the theory that Dr.
Rustin arranged with an acquaintance t
kill him so that the insurance might b
collected.
Rice story, to BE RetOId.
Evidence in support Of this theory vii
be presented from Mrs. Abbie Rice. TIL
testimony given by this woman at tn
coroner's inquest in Omaha, which viii
, presumably be repeated in court in Louis
VILE is thought here one Of the stranges
stories that ever came from q witness Il
a trial in an American court house. Tn
Rice woman alleges in the first place tina
T Dr. Rustin tried once TO kill himself b.
swallowing typhoid germs and did &c
typhoid fever. Later she says DR.. Rusti
persuaded her to kill him, so that hi
family might get the life insurance. Sh
, agreed with the understanding that sh