Omaha daily bee. (Omaha [Neb.]) 187?-1922, September 27, 1908, Page 4, Image 4

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    THE OMAHA SUNDAY .BEE: SEPTEMBER
'A
WOMAN MAY NOT NAME DAVIS
'IF-KIKUTE STORE TALK
There T" tclna to 1" l"t f
tr.r. In town tlil week; they'll
flr.il It n nilehty Rood town t be
'in: they'll flml t ti ' -i a mighty go. d
tore to. be In. tun: They'll fln.l It
a different M'.vl of f lothliiK st.re
than they've nfr seen before; a
iitore wheto the customers' Inter
ests rnm first and the store's In-
,ttrli come afterward-. In other
words we never tnKe your monry
for an article until sure you ire
entirely eatlsf led.
lSTEN TO THE CHIMES
We've hud Installed b ft of
electrical chimes they plsy full
Westminster chime at the even
hour; Westminster at 1 minutes
after. Reveille at the half hour
and Cathedral Teal at the three
quarter hour. Only chimes In this
section of the country. Maet your
friends at the corner with the
chimes check your parcels at thla
more cotne in and feel at home.
You don't have to buy a thing to
re. welcome.
EVERYTHING NEW AT THE NEW STORE
OPPOSITE THOMPSON. BELDEN & CO.
NEW FIRM : NEW GOODS : NEW METHODS
AR
F I
. more.
I j e?
i " I :
ycjy -
IV IVAWr EIfRV
-SAR-BEN VISITOR
, TO WST THIS
GREAT CLOTHING STORE
Nothing like it anywheve in the country every modern . device
known in store equipment the talk of the entire country. Your visit
to the carnival will be incomplete without a visit with us. You
don't have to buy to be assured of a royal welcome and we
cordially invite out-of-town merchants to see our' store. You
are all as welcome as can be. :
MONEY-SAVING SUIT PRICES
We've double tbe stock of any store hereabout, and every garment was
made for this fall's wearing no old stuff here. We do not buy In the Usual way.
We select our own materials and have the garments made to our orders. By so do
ing, we are able to make prices utterly impossible with stores buying In the usual
way.- We put an absolute guarantee on every garment we sell even give your money
back if you want it.
i, '9, no, m, t3, m, m, w, w, m up
We want you to see our medium priced suits about 100 patterns to select
from. You can't duplicate them at any other store unless you pay 25 per cent
Every day Is Special Sale" day at this store.
$13.00, $15.00, $17.00
OVERCOATS $9 UP-RAINCOATS SIO-FURN-ISHING
GOODS-HATS SHOES TRUNKS AND
GRIPS-ALL SOLD AT A POSITIVE SAVING
Whatever you do don't miss seeing our great
BOYS' DEPARTMENT
BOYS' $1.50
SHITS I
COME IN AND LOOK
This department is the wonder and ad
miration of the clothing world, and the great
stock it contains Is a source of great savings
to parents with boys to clothe.
. AGAIN
aV ' " " " -
AND
UP
WF SAY
''' and we Buggest that In view of all the "hpecial Bales prepared for visitors
: v v It would nay you to be careful of what you get for your money. That's what
".counts. .
EVENING CLOTHES FOR THE AK-SARBEN BALL
No garment a man Vears , calls for such faultless tailoring. You'll find full dress suits here that will
surprise you by their mer(t and price. Ours are equal to the efforts of your most exclusive tailor, to say
nothing of the saving of time and money. Come in and try on a few.
Mrs. Eice Allowed Only t Say "A
Man" Wai to Do the Shooting.
CRAWFORD RULES WITH DEFENSE
Bee Want Acls
FOR EXCHANGE New No. Rotary Keo.
style toward OUr typewriter. R. 31.
!zZJ3m, .ill
I'ellre Jade Hold that tVltaeea
taaaot Tell that Itastla Told
Her Davis Was te
Kill Him.
Bulletin of Opportunities
Opportunity knocks at your door every day you read Bee
Want Ads. You will find opportunities to better yourself and
make extra dollars. :
The Housewife can make money in so many ways, she
can sell old furniture and clothing at good prices. The
butcher barber druggist can make and save money during
dull moments.
The clerk can make money evenings. If you are a teacher
you can find pupils through Bee Want Ads.
You should read them every day.
Opportunity waits for you in Bee Want Ads.
Police Judge Crawford permitted Mrs.
Abble Rlre. chief witness In the Rustln
Davis murder case, to testify In the prelim
inary hearing Saturday, that Dr. Rustln
told her ho had secured a man to kill .him,
but denied the atate the rlsht to allow her
to testify tthat Dr. Rustin had told her
Charles K. Davis was to kill him.
Lines were drawn this close by the court
When the Rice wuraan took the stand to
finish her trtoty after the court had made
a ruling Friday evening which : the atate
supposed Would permit the woman to tell
all she knew as one of the conspirators
who had the cninmnn motive to take the
life of Dr. Froderlck T. Ilustln.
But Bcarrtly two questions had been
asked and answered by the woman until
Attorney Q'jiicy waa on his feet reading
authorities h shpw -the court that all the
testimony whtch a conspirator could give
In . reference to co-conspirators must be
declarations In pursuance of the conspir
acy. After that argument Attorney Uurley
objected'to practically every question asked
the Rice woman by the county attorney,
and the. court sustained about half of the
objections.
( . rigrht Over Fine Point.
Such a battle over fine-points of law and
the questions asked- by the county attor
ney continued all . morning end until ad
journment was taken at 12:30 p. m. until
10 o'clock Monday morntng.
County Attorney English - completed his
questioning ot the Rice woman, getting In
what replies he could and pointing out
each time to the court to secure the over
ruling of objections, that the answer would
be either a declaration In pursuance of the
conspiracy or else that the question was
about some act of the Rice woman, or
Wet she had seen. By close watching he
managed to get some important testimony
In. Monday morning she will be put on for
cross-examination.
Tha couiUy attorney was taken by sur
prise when the attorneys for the defense
began arguing that most nf tv.
to be given by the Rice woman could not
be admitted, and some heat was shown
between the attorneys.
After Mr. Gurley had made his argu
ment that a large part of the testimony
could not be admitted, he wound up by this
cnaracteristlc plea:
"Why go ahead and admit here testlmnnv
that when the case comes before a Jury, if
It does, would not be tolerated? Why bind
this man over and force him to a trial
before a Jury Just to satisfy public cur
iosity? What la the use to take it to a
higher court, Just to terminate In a rarceT
wny put the state to this expense?"
atKngrliali la Sarcastic.
When the county attorney answered he
opened with some sarcastic remarks about
the common pleas of criminal lawyers.
"It Is wonderful solicitude which the
counsel for the defense always shows about
the finances of the statu and the expense
to tha people. But attorneys for tha de
fense always make this plea."
Mr. English reminded the court that the
ruling- to admit the statements of the Rice
woman aa to what Dr. Rustln had told
her about the plans to take his life, was
made with a full understanding aa to what
the Woman would tell on the stand and he
saw nothing In the objections made by Mr.
Qurley but an attempt to evade or secure in
some way a reversal of the decision of the
court on the question of admitting the Bice
woman's testimony.
Before the attorneys had concluded their
arguments as to what part of the tetlmony
should be admitted, both Mr. English and
Mr. Gurley had spoken at length, as well
aa Attorneys Ellick and Woodrough, while
Gurley had cross-questioned Judge Craw
ford as to what the court thought about
fine point in his legal arguments, what
constituted "declarations in pursuance of
emsplracy," and other objections which
the defense sought to have sustained. The
questions being fired at Judge Crawford by
Attorneys Gurley and Woodrough caused,
considerable amusement among court of
ficers and police In the room.
Mrs. Rica the Stand.
When the Rice woman took the stand at
10 o'clock the room was crowded with men,
no women attending except four who were
present as witnesses. The Rice woman
waa very nervousr but her replies came
thick and fast and the attorneya for the
defense had to move to strike out more
often than to object to the answer being
made. The woman showed a disposition to
get the name of Charles E. Davis into al-
I most every answer. When the county at
torney would ask her a question she usually
volunteered a few side lights which gave
the attorneys more ground for argument.
The woman's testimony before the argu-
menta had brought the story to the time of
the closing chapter In the life of Dr. Rus
tln. She was In the physician's of fire in the
Paxton building Tuesday afternoon, Sep
tember 1, the evening before the tragedy
and a man came Into the office whom she
afterward learned was Davis. Dr. Rustln
stepped Into a vacant room near his office
and talked with the man. Then he re
turned to the private office to talk with the
Rica woman.
"When Dr. Rustin returned to you In the
private room after being out to consult
this person, was there anthlng then said
by him with reference to any change In
his plans with reference to his death?"
asked the prosecutor.
"He did."
"What did he say?"
" 'You are released from .your promise,
as I have a man to kill me. "
"Did he say who this man was?"
It was this question which lighted the
fireworks, and the court held that the
woman could not answer the question, ar
Dr. Rustln telling her thai he had 4 man
to kill him and ahe waa released, waa "a
declaration in pursuance of the conspir
acy," and that ahe was released as a co
conspirator from that moment; that for
her to testify as to who the man waa couid
not be so considered.
"That's drawing a line pretty fine," said
the county attorney whe,n Hie ruling was
made. "It la pretty fine to allow this
woman to say 'a man' and deny us the
right to have her aay Charles E. Davis.
Elgbteen Objections Made.
On a motion by the defense to strike out
the won n's answers after a number had
been given, eighteen objoctiona were made
by Mi. Ourley in half an hour and Judge
Crawford sustained nine of them.
Then the Rice woman was permitted to
tell of her movements the afternoon and
evening of September I, and ahe reiterated
the atory told before the coroner's Jury of
j Low ahe went to the physician's office in
in ine ariernoon aner uemg mm n
day;- iaw Charles E. Davis In the offica;
heard the phyaiclan telephone for -aconite
and went out on the Farnam street car
with him when he went home to dinner
about a q clock. Bue said s'te rode on out
on the car to Dundee and returned to the
city later to meet Dr. Rustin at hia office
at I o'clock.
jtelalins the Incidents after dinner, when
I . . n.4 TiL
sliiMV-4 ; ::vf v- hi
.VlJh'WlPi : : C lA RV
I, If V IK V lL !;
- i I IP? It7 J j. Vt . . i: ,
I m ' 2 wr -' fi
I ? -m! Cooyrlfhted 1908 by f f
I 1 SCHLOSS BROS CO. !
" f Inrf Clothes Makers - I .
"-yi5 Baltimore and New York ! - .
Schloss Fashionable Clothes
For GENTLEMEN For
Fall and Winter 1908 and 1909
Are the very highest expression of the tailor's art, in
Style, Drape and Distinctiveness; they give character
to a man's figure and the consciousness of being well
dressed at all times.
Ask for SCHLOSS "ADONIS," the new Model
it will be copied and shown later by the best
custom tailors.
Fastidious dressers- who realize that their
success depends upon the good opinion of
those with whom they come ' in contact
. will be careful to look for the Schloss label.
(J WI)olesle Drapsirr' g
New Models now on Display at the Best Clothing Stores,
Write us for Style Book and name of noarest Fashionable Clothes Shop.
Baltimore ScHSoSS BfOS. 8l
New Vi rk
j B
on Sale at
erg Clothing Co.
15th and Douglas
Streets.
she met Dr. Rustln In his office, she told
of Davis coming to the office, going out
after beer, of holding conferences witli Dr.
Rustln, and finally that she went down on
the street to wait for the physician, and
that he came down with Davis and she
stood on the corner of Sixteenth and Far
nam street, within fifteen feet of the car,
when Dr. Rustln put Davis on the cur go
ing west and joined her on the sidewalk.
Starts t Ten O'clock.
It waa about 10 o'clock, the Rico woman
believes, when she slartid to tako her lust
walk with Dr. Frederick T. Rustin. and
with no show of feeling whatever told o
how they walked along Harney street.
'The-'doctor pointed out to mo places
where he had lived with his wife and child
ren. He talked about them and of his lifo
Insurance. He told of former happy timc-a
and his unfortunate condition and finally
of hia plan to take his life.'
'He said once 'we ought to walk a little
faster, as Davis may be getting tired wait
ing,' and we went along at about the same
SCHOOIi TEACHEHS
Also Hare Things to Learn.
"For manv veara I have used coffee
.nri rfiised to be convinced of Its hod
effect upon the human system." writes
a veteran school teacher.
"Ten years ago I waa obliged to give
up my much-loved work in the publl c
achoola after years of continuous labor.
I had developed a well defined case of
chronic coffee poison.
"Th troubles were constlratlon, flut
tering of the heart, a thumping in the
mn nf mv head and various parts or my
body, twitching of my limbs, shaking
nf mv ha.d and. at limes arter exertion, a
general "gone" feeling, with a toper's
desire for very strong coffee. I wis a
nervous wreck for years. ,
"A short time ago friends came to visit
ua and they bought a package of Postum
with them, and urged ine to try it. I was
prejudiced because some years ago I nau
drunk a cup of weak, taateless stuff called
Postum w hich I did not like at all.
"This time, however, my friends made
the Postum according to directions on
the package, and it won me. Suddenly I
found myself Improving In a most decided
fashion.
"The odor of boiling coffee no longer
tempts me. I am so greatly benefited by
Postum that If I continue to Improve as
I am now. I'll begin to think I have found
the Fountain of Perpetual Youth. This Is
no fancy letter but atubboro facts which
I am glad to make known."
Name given by Postum Co., Battle
Creek. Mich. Read the book, "The Road
to Wellvllle," la pkgs. "Trere's a Reaon"
Ever re-ad the above letter? A now
one gownr from Him- to time. Tliojr
are germlne, true, aud full of liunxiii
Interest
rate until we readied Thirty-ninth atreet,
when we walked norl'.l to Farnam street
and about half way on Farnam street to
Fortieth street."
"In obedience to a suggestion from Dr.
Rustln did you look up and see anyone
whom you knew standing at the corner of
Fortieth and Farnam streets?" tho county
attorney asked.
"Someone I thought I knew,"
"Who?"
"Charles E. Davis."
Hnvr Paris Was Dressed.
Tha prosecutor was enabled to secure the
woman's statement describing how Duvls
was dressed on the night of September 1,
and she said:
"Ho wore a dark suit, dark hat, no vest,
tils trousers being belled up."
The Rice woman's testimony was con
cluded when she told of waiting for fif
teen minutes fr.r the doctor to return,
which he said he would If the man who was
going to kill hi in falle.l, and then returned
to the Gleuson place at Twelfth and Doiik
las streets. fc'ho still InslHts that she called
up Dr. Rustin's home about Vi o'clock and
Mrs. Rustin or some woman answered her
and told Iter the doctor was not there.
This is contrary to V"- Rustin's testimony
that slio retired about 11 and went to sleep
soon after, not being awakened again until
she heard the report of tho pistol early In
the morning.
Judge Crawford did not rule on the ques
tion of admitting Mrs. Rustin's sluteiiirnt
-.is to what Dr. Rustln told her after he
was shot. As Mrs. itustin's answer as to
what her dying husband said Is In the'
record, it la prubablu that the court will
make the ruling after the evidence Is all
1n and either strike it out or allow It to
remain.
According to tho attorneys tlie hearing
is not much more than half over. It having
consumed two and a half days.
Insurance liearlaw Walts.
Owing to the fact the preliminary hear
ing of Charles K. Davia waa on in po'.l.-e
court (Saturday the hearing requested by
the accident Insurance companie s in which
Dr. Rustin had policies was not held In
Judge Sutton's court. By agreement a
postponement was taken until next Friday
morning.
boating, fishing or sailing at the Isl.e and
by cottagers, tenters and bungalow nwneis
at the lakeRide. Tim tnevting-was .enthusi
astic and many Important tuples vela ,us to
the Improving of conditions at the Uk s were
discussed. 1
Goorge Klrod was chosen piesidriit J. E.
R Offers vloo president, Charles 11 anden
secretary and 1. J. Latey treasurer The
following committees were appointed : ,
Executive O. A. Harshmai). W. AX Tay
lor, C. W. Bounce,. .. I .'
Memberahln 1 1. llofmelster. 11. HrmDen
A. Uarth. I"
V-ltaie-U A. Thatcher. W. F. WWlwey
U. M.-Ciilloch.
Boalinu William Behr. II. K. Niwoldb
Li. ilck. I
Flail and Came Thorn. is Falconer, IH. W.
ttaruuni, 1. Hengeie.
FORTUNE LEADS TO' DIVORCE
NEW CLUB FORMS AT LAKESIDE
Cottagers on West shore Orgaulse tm
linprote and Protect
Interests.
To aid 1 beautifying the shores of Cut
eft lake ai.J to protect game and fish In
and around It and promote legitimate
aquatic sports are the objects of the Levi
Carter Park Outing club, which has Just
been organised by a number of people with
Interests on the west shore of the lake.
The club Is being formed around a nucleus
cumposid if those directly Inleiesitd in
Woman Kay Ilaaband's Down fa
Due la Montr He
Inherited.
il Wai
Much wealth waa a bane to Nemnn C
Jones of Rochester, N. Y., . accenting to
the story related by Mrs. Elmlna Ml Jonel
In her petition for divorre filed yetrd.iy
afternoon. In I'MC aho ways her lilisband
Inherited a large sum of money and began
living a fast life, which ld . to hi!
abandoning her and refusing to. upporl
her. She says he told her lie wouU spend
his money on his new friends and, not on
her. Previous to his windfall ho lild been
fast, she says, but had promised tol reform
when he was started on the d(Jnnwai4
path again by his good fortune. Fife yean
ago, bhi says, he deserted her. and she hai
heard nothing of him since. Bhe i-Hye h
does not know where he Is now! They
were mari'.ea in itocnester in. is. v
Mae C. Devlno wants a dlvoile front
Khei.ard Levlne. cliaraltia nonsun Jort.
Fit topSe
I WILL SEND TOO A TRIAL' frRKAT-
I MJi feetm vcxtf vdaht
1 to A jVuundtlia lrVlc
tuwi turn 111 ImUM into ntu
into cwvii)7, run
tbftt tiUl Of ftlil IrM pud Op
mdt f drtiM . M
ran fuc pomwu
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raduclGB if ftuieiriloul IM. Kr
D sod trtemlfl'-cllr psruowd lutloll SKutLws
tlx turt siul jnbi.1 you to LkmUm olyl. f4 JH1-
femur- duublteblii, lsrir SK'iuarb S'-M. SU kip.1
mi awvina ok
sue ivtyl leiuliqjc doctor I
ny bftiluu. I Mbsolulmy
IrutbtuteisK
til! umtiitiit.
rr
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Il WUl tflv THJ Artft
UiJ IruftUlMtf.li II Will tat sVllt JtJU tui
lok on (nmitr.