THE OMAHA DAILY BEE: WEDNESDAY, SEPTEMBER 9. 1908.
CLAD HAND TO WEST POINT
Men from Cuming Count; Enlisted in
Navy of Ak-Sar-Ben.
unmarried. Hli parent! live In Omaha.
The verdict of the jury was accidental
dtath. no blame or responsibility whatever
being attached to anyone for the, unfor
tunate occurrence.
ntOVE ENTHUSIASTIC RECRUITS
Llaeola Returns Ita Tbanka for the
1 81 Boost the Kulak's flare
tate Fair oa Omaha
A . Day.
Welcome West Pointers."
That waa the awn which greeted the
eye of the vlsltftra from West Tolnt aa
tliey entered the den Monday' night and
that "was In reality what was extended to
the half hunderd citizens of Cuming county
who Journeyed to Omaha to Join the navy
of itlng jk-Bar-nn. They were not alone,
for Hi hall waa filled with loyal subjects,
and 'others who were there for the first
ttma were half a hundred railroad men,
inclining Frank Walters, general manager
of the. Northwestern, and the Denver baae
ball .team. The grand mufti announced
that 1,220 aallora were now ready to man
the good ahVjE whereas at thla time laat
j ear the" army contained but 1.008 fighting
men, '
Krd gonnenscheln. former mayor of
West Point, thanked the board of governora
for the aplendld entertainment and assured
them that, although he had been through
every Initiation the 1'8 atunta had all
previous attempt beaten a city block. He
assured tha Knights that not only Omaha
should be proud f the good work they
are doing, but the entire atate as, well. He
raid that over 100 new boosters would be
be Rent out aa the result of the night's
work. Oua Neiburg of West Point also
thanked tha Knights In behalf of the citi
cens of West Point.
"Tha chief benefit of Ak-Sar-Ben Is the
bringing of men of different sections of
Nebraska face to face," said H. H. Bald
r'.ge. '"Confidence Is at the base of kII
transactions and you cannot know a man
unless you meet him, and this association
primarily brings men together and pro
motes amity, friendship and good fcllow
ahlp. It also gives the men of Omaha con
fidence In what they can do. There is an
Immense amount of twaerve power In this
city going to waste. Tl public generally
does not put Ita shoulder to the wheel, but
relict an a few wd.rkcrs to bear the burden
In tha heat of fh day. Each man Is de
pendant on the other and the city Is de
pendent upon - the Jtfdirldual."
Sir William Kennedy fmtnked the Knlghta
of Ak-Bar-Ben' for Ui' magnificent show
ing they made . last Thursday when the
special train waa run "to the state fair
for Omaha day: -'"H has been a lesson to
Lincoln," safd Mr, -Kennedy, "for Lincoln
did not really know before that day that
the men of Omaha meant what they said
when they extended tlx glad-hand of
friendship. Great good Is bound to accrue
from that outpouring of Omaha people to
the slate capital. Lincoln now believes
all you .have said." '
Primaries la Rofk.
BAEBETT, Neb.. Sept. . (Special.) The
primaries In this county resulted In the
nomination of the following candidates:
County attorney, F. N. Morgan (rep).
and J. J. Carlln (dem ). Neither had any
opposition. Commissioner, Second district,
Frank Kinney (rep.), and Lawrence Sand
all (fus.). Park Sklllman of Brown county
Is the republican nominee fot representa
tive from this district, and Mr. Hennlng
ton of Alnsworth Is the fusion nominee. E.
L. Myers of Newport Is the republican
nominee for the state senate, defeating II.
8. Rising of Alnsworth.
BEGS GIRL TO KILL
(Continued from Second Page.)
Jail Breakers Arrested.
TECIMSEH. Neb., Sept. s.-(Speclal Tele
gram.) Edward Orr and Fred Clark, Jail
breakers from Mount Sterling, III., were
apprehended here today. The crime
charged against them is assault with Intent
to kill.
Real Slide for Life.
8H ELTON, Neb., Sept. 8.-(Speclal.)
Yesterday evening some boys were using a
high, slanting wire hs a tilde for life and
sliding down- hanging by their feet. While
Harold Kesterson was making a slide the
fastening to which Jils feet were attached
broke, precipitating hlm Uo the . ground
head first. He alighted on his handa first
with such force as to break both his arms
at the wrist, the bones protruding through
tha flesh.- Although! badly Injured It is
thought that his arms can be saved. A
number of minor Injuries have happened
to boys In thla way here during the paat
two weeks, but this Is the jnost serious.
The Vya havAjheen tirftf' fills feat. Having
seen U performed by an acrobat at the re
cent street carnival.
Labor Parade at MeCook.
M'COOK, Neb., Sipt. S. (Special Tele
gram.) The union labor lodges of McCook
observed Labor day with a big picnic, an
address by Congressman G. W. Norris and
several unionist speeches, music by the
High school band, a ball game and numer
ous other games. Business waa generally
suspended most of the day.
Innarst Over Wangrh.
WEST POINT, Neb., Sept. 8. (8peclal.)
Bherlff Malchow and Coroner Llngenf-lder
have Just returned from Bancroft, In this
county, where they went to attend the In
quest held upon the body of M. T. Waugh
the young brakeman who was killed by
the west-hound freight train on the Chi
cago, St. Paul, Minneapolis A Omaha
railway at Bancroft early on Sunday morn
ing. The deceased was SO years of ago and
ECZEMAFROM
, HEAD TO FOOT
atsaaaMaMB
For Six Months his Suffering was
Beyond Words One Mass of Irri
tation and Itching was Dreadful
Slept Only from Sheer Exhaustion
Almost Out of His Mind After
24 Hours' Use of Cuticura Slept
Like an Infant and Then was
CURED IN ONE MONTH
BY CUTICURA REMEDIES
"I are ae-renty-eerren years old and
aa day, some years ago, I foil from
a siep-iaaaer, cruising
my heel. In a few days
I could not walk. I
railed in a doctor and
inaklaof aweek erysipe
las set in. The doctor
had not cured mo of
that when I was taken
with eczema from head,
to foot. I was sick for
six months and what I
suffered tongue could '
not tell. I could not
sleep 8ar or bight because of that dread
ful itching: when I did sleep it was from
sheer exAAustion. I was one mass of
Irritation; It waa even in my scalp. Tha
doctor's medicine seemed to make ma
worse and I waa almost out of my mind.
I read of Cuticura and sent my wife to
the druggist, who waa a memlier of my
lodge of Odd Fellows, for a set of the
Cuticura Soap. Cuticura Ointment and
Cuticura Resolvent. 1 used them per
sistently for twenty-four hours. That
night I slept like an Infant, tha first
olid night s alep I had had for six
months. 1 was not afraid to use plenty
of Cuticura Ointment and Cuticura Soap
with hot water and in a week's time I
waa able to put on my clothes again.
In a month 1 waa cured. From that
day to-till I cannot praise the Cuticura
Remedies too highly. 1 may add that
I have a Tef-y heavy "sd of hsir which
I owe to Cuticura. W. Harrison Smith,
R.F.D. 3. Mt. Kjsoo, N. Y.. Feb. S. '08.''
A single aet of tha Cuticura, Remedies
b often sufficient for the treatment of
the inofct torturiuc, disfiguring,' itching,
burning and scaly humors, ecaetnaa,
rashes and Irritations, with loss of hair,
from infancy to age-, when all other ram
dies fail. Guaranteed absolutely pure
and may be used from the hour of birth.
ruttewa ante M ' Ointment h t. R lTnt
Ot k o4 (lioultu rMMl m'.m lUIr I
Straus turn it ria t poietr Drvn a Cham Ova.
Itmik . U7 Cuiumm aW. aWoa
rlirMb Mews Notes.
EKATIMCK Hasel, the young daughter
of Mr. and Mrs. U. C. Hermle, died here
last evening.
WYMORK The first number of the high
soliool paper, Hed and White, will appear
Friday. Koy McFarren Is doing the edi
torial work. Publication . will be made
monthly.
BEATRICE After several weeks of In
terior decorating and remodeling at a cost
of several hundred dollars, the Presby
terian church of this city was reopened for
services 8unday.
WYMORE Company K Is fixing up a ri
fle range against one of the big bluffs
east of the river on the James Crawford
farm. They will hold weekly practice
shoots over there.
BEATRICE The Beatrice city schools
opened yesterday with S total enrollment
of forty less thnn that of last-year. The
high school enrollment shows an Increase
of forty over that of last year.
WYOMRE-K. C. Hill, storekeeper for
the Burlington here for the last two years,
has hren transferred to McCook. Ray
Woodard. who haa been Mr. Hill's chief
clerk, will succeed to the store here.
BEATRICE Taft and Bran clubs were
organised here last evening by the repub
licans and democrats, respectively. Com
mittees were appointed and plans for cam
paign activities throughout the county were
ui( ussed. ,
PLATTSMOI'TH The fourth annual
social fair will he held In Nehawka, Sep
tember II and 12. Senator E. J. Burkett
will deliver an address Friday evening.
Three hundred dollars will be given In
Sremiuma. The live stock parade will be
aturday afternoon.
AINSWORTII-Rev. J. A. Johnson, who
has been filling the Methodist Episcopal
pulpit heere for the last three years, leaves
tomorrow morning for ilordon. Neb., where
he will take charge of the Methodist Epis
copal church Ilev. V. R. Beebe of Wilber,
Neb., will take charge here.
BEATRICE The Mennonltes of North
America, assembled here In their, triennial
general conference, celebrated yesterday
the fifieth anniversary of the founding of
the general conference In North America.
The nay was observed In most fitting man
lier. WYMORE G. Hulshlxer brought his
horse. John B. Wllkens. home from Tren
ton, Mo., today. The animal has been
winning in every lace entered, but at
Trenton it bumped a knee In the fourtli
heat of a race and was forced to take sec
ond place after winning two heats. The
best time in that race, which was the 2:22
pace, was 2:17".
BEATRICE The stockholders of the
Jons Auto company, the newest manufac
turing concern In this city, held their first
meeting last evening. The Incorporators
are C. Charles Jones. W. W. Bcott. and
J. C. Larg. The company is authorized
to engage In the manufacture and sale of
automobile. The plant has recently been
compu ted and work will proceed at once.
PIATTSMOTTH The Plattsmouth
Women's Christian Temperance unon have
elected these officers: President, Mrs. B.
C. Kerr; vice president, Mrs. P. E. Ruff
ner; recording secretary. Miss Olive Cass;
corresponding secretary, Mrs. Vandercook;
treasurer. Miss Ella Kennedy; delegates to
the state convention, Mrs. rank Koblnson
nnd Mr. George Dodge; alternate, Mra.
A. H. Kpce. . . . j .
'ANSLEY In the teachers' eianilnaVion,
held last Saturday, a week ago, by H. M.
Pinckucy, county superintendent of Custer
county, there were ninety taking the ex
amination, and out of tiiat number sixty
failed. The county of Custer is 100
teuchera short at the beginning of the
school year. The wages of Inexperienced
teachers is 11 per month, and for ex
perienced teachers, 146. These are for lady
"teachers.
NORTH PLATTE Shortly after mid
night of Sunday morning a fire broke out
in the clothing store of Schati & Cla
baiiKli of this city and had gained such
proKress at the time that the fire was dis
covered that the loss was almost total.
The origin of the fire Is unknown. The
firm IihiI on hand a stock of merchandise,
conais.lng cl K fly of men's furnishing
goods, worth altout 120,000. The loss of
the tock is tully covered by tnsjrance,
but the firm carried no Insurance upon the
tlxluicB and will probably lose consider
able upon this Item.
FREMONT The funeral of Ml"hael Her
man, one of the first settlers of this county,
who di.'d at his home at Nlckerson, Sun
day, was lu Id there this morning and was
very largely attended. Mr. Herman was
born In Germany In 1S24. , In 167 he came
to Nebraska and took up land adjoining
tne present townslte of Nlckerson, where
tie lias lived ever Klnce. He had been
treasurer of the Nlckerson school district
ever since It waa organised over forty
,ea.rs ago, and always took a great deal
of interest In the public schools. A widow,
one sun, Henry Herman of this city, and
a daughter, Mrs. Thomas Hullock of Nlck
erson, survive him. He was a member of
tie Lutheran church.
NORTH PLATTE Yesterday mornlna
Rev. Tnomas B. Greenlee presented his
resignation as pastor of the First Pres
byterian church of this c Iv to the con
gregation and asked that the relationship
of pastor be absolved. Dr. Greenlee has
lieen called to lie llirton Hill Presbvterian
church of Omaha. I'pon his urgent requeat
the congregation dissolved the relationship.
Tne resignation takes effect the last day
of the month of September. The churcn
does not have anyone In mind for pastor,
but no doubt the pulpit will be filled by
candidates lor a month or two. A con
tract was let two weeks ago for the build
ing of a new Presbyteriair ehurch which
will be the finest church building. In the
ity, and the work required of a new pas
tor will for a year or so be heavier than
usual.
WYMORE The city authorities seem to
have a soeclal hoodoo when it rnniu in
dealing with bootleggers. In the last month
i wo nave escaped them, and last Saturday
night the third one got away. Tills time,
however, some of the 'stuff," in the shape
of a bottle of whisky, was found. On the
evening mentioned the emayor and city at
torney investigated a soft drink parlor run
In the Docekal building. Nothing was found
down stairs, so they went up in the second
story, taking the proprietor, whose name Is
Hroch, with them. They looked around up
there and had given up hopes of finding
anything and were not watching Hroch as
carefully as they had at first. Just as
lliey had about given up a big jug of
whisky was found. They 1. Hiked around for
Hroch and about that time they heard
footsteps on the double quick going down
the stairs, and when they reached the
ground nine was no one in sight.
I'LATTSMOt'TIf A number of men from
the National Stone quarries at Louisville
gained an entrance Into the saloon In Cedar
Creek (Sunday night and secured two
watches, a gun. two coats ami 13.60 in cash
and all the liquor they could drink and
cany away with them. They were so suc
cessful and leu so good after getting out
hide of such a quantity of "o be iovful .'
llmt they entered the general merchandise
store if Mr. Wuir and helped themselves
to about (40 or toO worth of goods and
iook tnem into a dox car on tha Hurl
iugton track. The citizens were notified
and Die thieves were locked In the car
and the officers here nodded. DeDjiv
Sheriff Mancpeaker brought the eight here
Monday afternoon and placed them In jail.
They will probably be given a preliminary
hearing Tuesday. George Gavin and George
Hanlln stated that they had been working
in the stone quarries In Nehawka, but ex
pected to go to work for the National
etone company luesnsy. rney are a very
uaru looKiug ioi oi citizens.
un or tne worst features of kidney
trouble ia that It la an Insidious disease
and. before ths victim realises his danger
he may have a fatal malady. Take Foley's
kidney cure at the first sign of trouble
as it corrects irregularities and prevents
Erlght's disease and diabetes. All druggist.
By using tha various departments of The
Bee want Ad Page u gat beat results
at least sxpr
Judge about 11 o'clock. The doctor had not
returned. My servant, who was out, cams
In. She spoke to me In the hall, or at my
door. I told her the doctor waa not In yet.
but to turn out the light In the hall down
stairs, which I think she did."
Pistol Shot Awoke Her.
"Do you know what time ou went to
sleep?"
"I have no way of knowing."
"When did you awaken?"
"When I heard the pistol shot or whtt
I supposed wss a shot."
To the numerous questions asked by the
county attorney Mrs. Rustln related the
subsequent events, the finding of the
physician and her thoughts as well as she
could remember them. Her testimony
showed that considerable time elapsed be
tween the time she heard the shot and the
time she found her husband dying on the
porch. She also said that her dying hus
band told her to send for Dr. Lord.
"When I heard the shot I thought It
must have been fired at the corner of
Forty-first and Farnam streets." she said,
"I went to the window overlooking Farnam
street and looked out. It was light In ths
street. I saw nothing, and, though I
listened, I heard nothing. Then I looked
out my east window and saw nothing. I
went to the little girl's room, where there
are windows on about all aides. But I saw
nor heard nothing and I returned to my
own room. I sat down on the bed. I don't
believe I went to sleep again. My husband
waa on my mind and I got up to look
around again and went downstairs, turning
the light on at the head of the stairway."
Prompted by Her Heart,
"What made you go downstairs?" asked
County Attorney English.
Mrs. Rustln pressed her black-gloved hanl
to her heart and replied: "This."
"Do you mean you connected the hearing
of the shot with your husband?"
"I said this made me go down," she said,
again putting her hand to her heart.
"Somehow I connected the shot with Fred
without even thinking of it."
"Did you hear any noise or disturbance
outside after you heard the shot, or any
footsteps ?"
"Not a sound. I simply seemed to open
that front door by Instinct and I could see
Fred huddled on the big green porch chair
within a few feet of tha door."
"What did you say?"
"I said 'Fred, what has happened to you?
He said, 'A man shot me.' "
"What did- you do?"
Old Get on His Feet.
"I ran to htm, put my arms around him
and assisted him to get on his feet. He did
get on his feet, whether of his own strength
or because of mine I seemed to have
plenty of strength to help him at first, but
when we got to the door, I found I could
not get him In alone."
."Why did you want to get him inside?"
"I wanted to get him assistance to get
a doctor."
"Did he have his hat on when you found
him?"
"I cannot tell you."
"Have you seen the hat since?"
"I cannot tell you."
"What kind of a hat did he wear that
evening?"
"I cannot tell you that; sometimes he
wore a straw hat, and sometimes a felt
hat."
"Was a hat turned over to the police?
"I cannot tell you that; I have not
thought of a hat since the morning I found
Dr. Rustln."
'What did you do when you found you
could not get the. doctor inside?"
. ' Calls Her Servamt.
I called my aervant. I called several
times, either from the hall or from the
doorway. I have been trying to think
where I was standing with reference to my
husband when I was calling and when the
maid arrived, but I cannot recall. The
girl came down. I told her the doctor had
been shot. We dragged him In the hall
and laid htm on a rug at the foot of the
stairs. I believe I began first to look to
see where he had been shot, but I am not
sure about this. I do not remember
whether he Indicated In any- way where
the wound was or not. I know I knew
when I telephoned Dr. Lord a few minutes
later.
"Did you see a pistol V
"I did not." -ITTT i
"Did you look for one?"
"I did not; I thought only of getting
slstance for Fred."
What did you do when you got your
husband Inside?"
I said, 'Fred, we must get a physician
at once.' He replied, 'Get Dr. Lord.'
i leiepnnnea ur. Lord. He asked me
where Dr. Rustln was shot. I think I left
the telephone and went to open the doctor's
Clothing. I saw a little blood on the shirt
and what I thought was a great, big hole
In his side. I told Dr. Lord he was shot In
the aide and the doctor told me to put a
gause bandage on It. I did not have gauze,
but put a napkin over the wound.
'Phones Dr. I.ansfeld.
Then I said: 'Fred. Dr. Lord lives too
far away; we must get some one closer.'
He said, 'Send for Dr. Rich.' When he
said this I remembered seeing Dr. Lang-
feld and knew he lived near. I telephoned
him, and then I believe I divided my time
In trying to get Dr. Rustln'a mother and
find hot water bottles. I remember I put
some cushions under Fred's feet, that the
blocd from the lower limbs might run
down to his heart. This waa my own Idea
Then I felt his hands. They were cold. 1
went to find some water bottles, but could
not find them and, putting a kettle of
water on the stove to heat, I went to the
cellar for some empty glass bottles. Borne
of these I filled and put around the doc
tor's body."
'Did the doctor seem to have strength
enough to talk to you while you were mak
ing the effort to help hlra?" Mrs. Rustln
waa asked.
"As I think of It now, I believe my hus
Dana couia nave iota me now he was
wounded and perhaps who did It."
"Did you ever see him have a pistol?"
"Never."
S Bach Eaesalea.
"Do you know whether he had enemies.
or did you ever have a conversation with
hlra which would indicate that he had an
enemy who would be apt to shoot him?"
"He never did. I knew he had profes
sional enemies, but none who would resort
or think of resorting to shooting the man."
"Have you any Information which would
indicate that ha died by the handa of an
other?"
"None whatever."
"Did he ever tell you that he would take
his own life?"
"He never did."
"Did he ever mention his Insurance or
the value It would be to you?" -
"He said If he was not here the children
and I would be better off. I told him he
must not talk that way to me, as he knew
we would not."
Mrs. Rustln told of their financial diffi
culties and said the doctor seemed to be In
hard luck In Omaha despite his skill.
"No one had more skill than he," said
she, with a flush of pride.
She said she had told him that with his
superior skill as a surgeon they should have
more money and do better. 8 ha auggested
moving back to her old home, where she
had friends and where she said "everyone
loved the doctor." But Dr. Rustln aald,
"T move, we must have money."
Finally the county attorney asked:
"Have you any opinion of your ow n as to '
where the doctor was shot, or how?"
"It seems to me when I think about it
thst he waa shot at the corner of Forty
first and Farnam streets and got down to
the porch or else he sat down In the chair
and could not get up. They tell me he had
been drinking and someone came along
and shot him."
"Did It ever occur to you that he took
his own life?"
"Never, when he was In his own mind."
"Did you know that he once before at
tempted to take his own life?"
Kaew He Took Germs.
"I know that he once attempted self
destruction." "By what means?"
"I think he took some germs."
"How do you know ItT"
"The doctors who attended him In ty
phoid fever and I decided that. Dr. Pollard
was one of them."
With this question the examination of
Mrs. Rufctln was concluded, she waa ex
cused and left at once In a carriage with
her mother and mother-ln-law.
While she wss testifying Mrs. Abhle C.
Rice, alias Iona Bunnell, the woman who
says she walked almost to Dr. Rustln's
door with him the night of Tuesday, Sep
tember 1, was within a few feet of the
witness. The girl was between the police
matron and a detective. Mrs. Rustln did
not look at the Bunnell woman and ap
parently did not know she was even In the
room. The jury asked Mrs. Rustln but
two questions when the county attorney
concluded and they were of minor import
ance. She answered them and breathed a
sign of relief as she left the witness chair
In the center of the crowd packed In a
tight room.
Dr. Lavender's Testimony.
Dr. W. R. Lavender told of the micro
scopic examination which he had made of
the flesh and tissues surrounding the bul
let wound In the side of Dr. Frederick
Rustln and of tracing the bullet In his of
ficial capacity as coronet's physician. Ha
aald Drs. Lord, Langfeld and Hull were
present when the examination was made,
but took no part In the work. The cor
oner's physician also told of finding finger
marks on Dr. Rustln's right arm, such as
would be made by anyone grabbing the
aim and pinching It tlglnty.
"The bullet entered the abdomen an Inch
and a half to the right of the center of
the breast bone," he said. "It went
straight In and wae not deflected in the
least. The organs Injured were the In
terior margin of the liver, where the bullet
cut three little slits, and then passed
through the tissues above the kidneys, but
did not wound the kidneys. I found the
bullet against the right edge of the spinal
column, but It did not penetrate the bone
or Imbed Itself in it. The bullet weighs
eighty-six grains and Is of 32 caliber. From
my examination I would say the bullet
went straight In from the point of .en
trance and was fired into the body either
while standing erect or in an upright an
ting posture.
'Had the bullet not penetrated the vena
cava and caused hemorrhage death would
not have resulted as quickly as it did and
probably not at all unless complications set
In. The little organ which was penetrated
Is on the right q! the spinal column and
past.es to the right of the aorta."
No Powder Marks on Monad,
Then the ooroner's physician told of look
ing for powder in the flesh and tissues
about the wound.
"There were no powder marks In the
wound or adjacent to it. - So minute was
my examination that I found small hairs
which grow on the body 'In the fatty-tis
sues, which were driven into the body by
the bullet.
'But, of courte, where there is clothing
through' which a bullet Wflred, we di not
expect to fir.d powder marks on the skin,
even though the gun Is held close to the
bedy. Powder marks would be found in
the wound or around It if the skin was
bare when the bullet entered. But there
would be no evidence of powder on bare
skin If the weapon was held from four to
six feet away unless it was a shotgun."
To this expression Dr. Lavender added
as he produced the bullet which he took
from Dr. Rustln'a body:
"This bullet must have come from a dls-
mce. at a bullet from a 32-caliber revolver
would have doubtless gone through the
entire body unless It struck a bone, where
It would have Imbedded Itself, but this
bullet did not pass through anything but
the fatty tissues and it was not found Im
bedded In .the bone and did not strike any
thing which would deflect It or lessen Its
course."
Vest Showing; Ballet Hole.
Here Chief of Police Donahue unwrapped
a package which a detective had handed
him. Attorney English requested Dr. Lav
ender to examine the bullet hole, which the
physician did with a magnifying glass. Ho
then expressed this opinion, which seemed
in contradiction to the opinion expressed
before the vest waa produced.
"There are no powder marks around the
hole, but a slight brownish scorching ex
tending nearly a quarter of an Inch around
the edge of the hole. I believe the gun
was held within twelve inches of the vest.
Closer It would have set fire to the cloth.
Half-burned powder grains burned the vest,
Is my opinion."
Dr. Lavender also stated before he left
the stand that he knew- Dr. Rustln and be
lieved he was so built physically that ho
could hold a gun twelve Inches from his
body and fire a bullet straight Into It
Dr. l.aagfeld stand.
Dr. Millard Langfeld. the first physician
to arrive to attend Dr. Rustln last Wed
nesday morning, sstd that at twenty min
utes of 4 o'clock. In response to the tele
phone bell, he answered the 'phone ami
received thla message:
"Dr. Rustln ia shot; wont you coma
over?"
He said he dressed by slipping his coat
and trousers over his pajamas and went at
once to the Rustln home.
"I was surprised to find only a light In
the hall as I approached." he said. "Usu
ally we find the entire house lighted when
there is an accident, but as I came up to
the house the only light I saw was In the
ball. When I entered I found the light
was burning In the dining room.
"When I went up the steps of the porcn
Mrs. Rustln opened the front door. I did
not ring the bell. She heard me on the
porch evidently and admitted me. I found
the doctor on the floor on a rug and some
sofa cushions with several bottles of warm
wate raroundhlm. I said: 'What Is the
matter?' and Mrs. Rustln replied: 'I heard
a shot, ran down and found him on the
porch.'
"When I examined the doctor I found
a napkin over the wound In his side. His
clothes were open. His pulse was of fair
nuallty, about 100, and he waa not un
usually pale, being partially conscious, and
I was surprised that the shock had not had
a greater effect."
Dr. Langfeld said In his testimony that
the pupils of the eyes of Dr. Rustln wero
dilated, which Indicated that he had taken
morphine, but he could find no syringe
marks. He said the wounded physician's
breath gave evidence of the presence of
alcohol and he saw at once that the patient
was In a stupor, whether from drink or
morphine, he could not tell.
Did Not Ask About Gob.
In regard to questions about the pistol,
Dr. Langfeld said: "Through motives of
delicacy, I did not ask about the gun. I
entered the home under the Impression
that Dr. Rustln had committed suicide and
asked no questions. I could have aroused
Dr. Rustln, but he said nothing except to
groan and murmur something about a
'gun,' and once or twice I thought he said,
'Polly, oh, Polly," and asked me, 'Are you
afraid of a shot.' I thought he recog
nized me." .
Dr. Langfeld said Dr. Lord arrived about
ten minutes after his arrival, but the po
lice were not notified until Dr. Lord called
the station at 6:45, though the physicians
hnd been at the home for several hours.
The witness expressed the opinion that the
bullet had 'not been fired at close range, as
the hole waa larger than usual. He thought
when he saw the hole that the shooting
was done with a .46-callber. When asked
If another man, shooting, could have fired
so straight. Dr. Langfeld refused to an
swer, saying, "I think we are dealing with
facts," but he admitted. In response to
questioning, that Dr. Rustln might have
walked some distance after the shooting.
Watchman and Boy Testify.
F. E. Balyards, 3(06 Boulevard avenue.
block watchman In West Farnam street,
testified that he had made his last round
of the neighborhood at 1 o'clock and walked
up Into Dr. Rustln's yard to look around
the houses, lit, said he could see no one
on the porch at that ttme and was quite
sure no one was there unless they were
down behind the tailings and vines.
The night watchman told of seeing Dr.
Rustln pass the drinking hydrant at For
tieth and Farnam streets about If :30 o'clock
and at that time the physician was going
In the direction of the Rustln home. Ho
said he knew It waa about 11:30 o'clock, aa
he was discussing at that time, with a
primary election officer, how many hours
the officer had put in. . The night watch
man went home at 1:10 Wednesday morn
ing because his wife was til.
Harold Underhtll, who lives at 362 North
Fortieth street. Is a carrier for The Boe
and was carrying election returns to the
office from the booth at Fortieth and Far
nam streets Tuesday night. He testified
that he saw Dr. Rustln, whom he knew,
crossing the street and going hurriedly In
the direction of his home at a few minutes
after midnight. He said he saw no one on
the walk toward Thirty-ninth street and
no one accompanied Dr. Rustln as far as
Fortieth and Farnam, as he saw the phy
sician emerge from the half darkness to
the east and disappear In the direction of
his home, about half way betweon Fortieth
and Forty-first streets.
LINCOLN FILES ITS DEMURRER
Claims Complaint of Omaha Laafber
Jobbers ia Wltfcont
Merit.
LINCOLN. Nfcb., Sept. 8.-Actlng for the
Lincoln Commercial otub, Attorney A. W.
Field today filed a demurrer to the com
plaint of the wholesale lumber dealers of
Omaha before the State Railway commis
sion, In which the commission is asked to
put Into effect the same rates on lumber
from Omaha to state points as from Lin
coln. The complaining firms will now have
to appear before the commission and make
a fuller statement of their grievances. The
complaint waa filed against the railroads
entering both Omaha and Lincoln, and it is
alleged that both cities had the same rates
on lumber from the mills, wjille the Lin
coln dealers had a better rate to towns In
the state, the difference being nearly 1 to
I cents per hundred weight.
AT4Z
Collo'ffo ;s
Liberty Ladies Coflegt
la Ltura.
America au4
MILITART
ACADEMY
Am mice of Go!
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For Every Ounce oi Adulteration Found in
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It has been tested thousands of times by the world's most emi
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OQ1S1HTIS
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Duffy's Pure Malt Whiskey Is sold throughout the world' by druggists,
grocers and dealers, or shipped direct for $1.00 a large bottle.
If in need of advice, write Consulting Physician, Duffy Malt Whiskey,
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Oldest and largest in the Middle fest. Prepares for Unlrersu
ties Oovernment Academies or lor 11 is. Active V. B. ortloer.
Rated in clash "A". Infantry, Artillery and Cavalry arms, in
dividual Instruction for backward boys. Manual Training. atsp
arate department lor smait toys illustrated catalogue tree.
Address Secretary. Bos A. Lexington. Mu
FII1LAY
EKGIKEERImG
COLLEGE
Teaches all branches engineering; stu
dents enroll any time; machinery in
operation; day and night sessions; no
vacation. Finlay bldg., 10th and In
diana Ave., Kansas City, Missouri.
Todd Seminary for Boys
1st year. The oldest school for oys la
the Northwest. Located SO minutes from
Chicago and 100S feet above the sea la
the "hill country' of Illlaols. Our Ideal:
"For every Todd boy a good cltlxen. ' dead
for prospectus. Moble K1U. IVlBkipaL
Ulaela, Wood toe.
Northwestern University Ointil School
OKIOAOO.
This school la splendidly equipped for
the education of suitable young men and
women a dentists. Among Its staff are
men of world-wide fame and reputation as
teachers and Investigators. Theory and
technio are taught thoroughly. In Its great
clinic the practical operative skill of atu
dents is developed as well as the business
title of professional Ufa. It gives the prep
uratlon tnat tne puonc aemanas or ui up
tii-rime demist. A million Deotile ara ad
ded to our population each year. Number
of dentists has not Increased in five years.
This gives a promising outlook. Tha next
annual session begin Oct. (, IkOS. For
catalogues and further Information ad
draaa tha secretary. Northwestern Uni
versity building, cnicago. in.
Schools
AND
Collc'gos
1 If'
The Nebraska Military, Lincoln, Neb.
A first class, high grade military boarding school
for boys and young men. Ideal location, outside
the city, yet close enough to derive all city benefits;
large, well equipped buildings, forty acres of campus,
drill, parade and athletic grounds.
Strong faculty: the best academic, military, busl
ness and Industrial training. Preparation for col
lege, university or business. A clean and Inspiring
school home. Careful attention g!ven to the health,
habits and home life of the boys. Non-sectarian, but
strongly religious. Special department for boys un
der 12 years of cge.
THE NEBRASKA MILITARY ACADEMY.
School will open September 1, 1908. For In
formation address,
or B. D. Hay ward, Superintendent, Box 153.
Lincoln, Nebraska.
ILLUSTRATED MUSIC COURSES
to be taken along wltn your piano, vioim, nnuuu
TWELVE DIFFERENT CONSERVATORY COURSES
Our system Is attracting attention of all music lovers. It saves yo
mo7 Mdtlm" Reeults are guaranteed. Wrte for particulars. V ,
Mention this ad.
EFFA ELLIS ILLUSTRATED MUSIC SCHOOL,
am.. sia4a. ooa-4A Old Brandies Building'.
OMASA, BTXBKA8KA.
Vhene Douglas T01
The direct route
A straight line la the shortest distance
Between two points. Why not taech your
fingers III DUtECT EOVTI1
The complete keyboard. Smith Pre
mier. Is the WOXJ.D'8 BEET TYPE
Free employment bureau
Stenographer ars furnished to business
men without charge .o school, tene
grapher or employer.
Write for particulara.
Ibe Smith-Premier Typewriter Go.
X. O. FLOWMAH, Mgr.
Omaha, Web.
THE LINCOLN BUSINESS COLLEGE,
LINCOLN, NEBRASKA.
FALL TERM OPENS AUGUST 31. Plan to enter at that
time. DO NOT DELAY. Remember the sooner you enter,
the sooner you will be prepared to attain success.
WESTERN MILITARY ACADEMY
Upper Alton, Illinois)
Ideal location near St. Louis. Six modern buildings.. ruteproof Sarraclto. l.srgo drill
h.M with avmnaslum. bowling alleys and shooting gallery. Kxcepllonally irong
lir iW detail. Tuition I4S0. Capacity HO. Waiting list last yar. Immedate
nullcatlon advisable, for boya of good character above ths sixth grade,
application " CQIfc ixM-g ftL JACKJOST. A. at SupettnteBdeat.
WHAT SCHOOL
Information concerning the ad-
vantages, rates, ex.ent of cur
riculum and omrr dai about .
beet schools and colleges cttn'Le
obtained from the
School and College Information
Bureau of The Omaha Bee
All Information absolutely free
and impartial. Catalogue of any
particular school cheerfully fur
nlshad upop request. . . . . .
WHAT you do for your boy
now determines what he
will do for himself latter. We
take boys from 8 to 17 years of
age and make systematic, manly
fellows of them.
Let us 6end you our catalogue
and the booklet, "The right
school for your boy."
Racine College Grammar School
Racine, Wlecun! - .
