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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Sept. 29, 1908)
TTTE OMAHA DAILY BEE: TUESDAY. SEPTEMBER '20, 1008. g' - "Vfcc ill-:,,, . ii ijiuuii , 'man m Dr. Price's Wheat Flake Galery Food To maintain the normal standard of health the quality and character of our food is one of great importance. A food improperly prepared is a tax on digestion. Dr. Price's Food is composed of wheat and celery, the most wholesome and nour ishing of nature's products. It is easily assimilated and has a direct tonic influence upon the nerves, m MOTIVE FOR THE DEATH PACT Mrs. Rice Sayt She Only Wanted to Help Ruitia Family. I folic tonahue nhere the statement '' and If he knew anything about II. ( "If B lit my office." wild the chief j "Well. T want to see II." said Mr. Hurley. "Vpii mny; I will send for It." WHY SHE AGREED TO KILL HIM I JOSEPH CONNOR WILL LOST t.stBt Trilrnnrni C'nnnot Helrs-at-larr Mn Jnditr. Bo Fnnnd, !o Art. 5a 1 nabl to find the ili of Joseph A. Con ir.r, which It Is known was executed last .tune, tli heir of Mr. Connor have gone Into county court find asked that letters f administration be Issued to the two half s.s'ers and 111 niece on t hf theory the will waa destroyed by Mr. Connor before lie lie-!. Mr. Connor left an estate worth more than HflO.nryi, which will bo divided, In the iihmnce of a will. among the two half sisters,. Kllcn .1. O'Connor Rnd May 3. Ilsynes, und the niece, Mary C. Fperry, arid Miss Ornce Connor. Mr. Connor Is known to have executed a will lust Pecember. In June he had Judge T'uffle dTaw a second one, revoking the first ami appointing Alfred Millard exe. 11 lor. tt Is this record will that eiinmit lie found now, altlvyigh a careful search ha been mnde for It among his papers. Judge Ix-sl'e. at a bearing Monday, an nounced he would appoint the throe heirs st law to administer the estate, and if the iill turned up before the estate was closed, It could he probated. It was supposed the will would be found anions papers Mr. Connor kept locked In his desk, but when the package was opened no will was there. An envelope 'ontalnlng the word "will" was found in ilie. packet, but it was empty. Miss firaoe Connor will receive by a stipu lation appearing- on the petition one-fourth of the estate. fhe has lived with Mr. Con nor for a number of years, though never formally adopted. The stipulation says she shall be trealfd as though she were a daughter and be an equal heir with the other relatives. CHICAGO RANCH CASE FIRST Will llend Ilnrket nnd Conrt Denies Motion for Amended Bill of I'art Icnlara. The Vuited States circuit and, district courts for the OniHha division of the Neb raska federal district convened at 10:15 Mon day morning with Judges W. H. Munger and T. C. Munger both on the bench. The trial docket shows that in the circuit court there are twenty-eight law and thirteen equity cast's and on the district court docket two bankruptcy, two damage and one equity case noticed for trial. The Jury trial will not begin until Monday, October 5. The morning session wss devoted to the Inuring; of motions and demurrera and the assignment of cases for trial. H.. C. Hrome, attorney for F. 8. Paird in the "Chicago Itanch" land fraud case, made a motion for an amended bill of par ticulars. Judge Milliner announced that the defence bad ample time to file this motion before veto, and gave notice that the case would be the first of the Jury trials to be heard at this term and would be called for trial next Monday morning. At the beginning of the Jury trial cases next week. Judge V. II. Munger will have chatj of the district court docket and JudKe T. C. Munger of the clrci.it court dock' t cases. Mushed with a Rotor wounded with a gun. or pierced by a rusty nail; Bncklon's Arnica Salve heals the wound. Guaranteed, :'5c. Beaton Drug Co. BRIDAL PAIR BRAVES RAIN i minit Woman In W liHe nnri Man In Blnrk llefy Weather nt Al. jsnr-nen Altnr. In spile of the rain the first Ak-Sar-Ren wedding of the week took place Monday forenoon in County Judge I,cslie'B office with all the usual ceremony and with not even tlvi least important detail left out. The bride was Miss Florence Hansen and she biaetf tile 'storm 4ii "'h Conventional gown li r while. She also wore a long bridal iel and carried a bouquet of bride's roses and ferns. The groom Clye Wilkinson In i on eiiiional black wore, a flower In the lapel or his coat. The bridal pair was riccomrained bv the groom's parents and some friends, making a gay wedding party for s aombre day. Marriage license Clerk Fumy Is looking forward to a record breaking week and has "aid In n extra stock, of marriage certll- s'es. URE WANTS SCALP OF HOFF Accses lunrt House Superintendent of Neglecting lloty nnd Sn greats Sneressor. - Cnder the general charge that he is neg lecting his duties "as superintendent of the court house. Commissioner Vie has gone after the scalp of Sam O. Hoff. Mr. Hoff has been absent from Ms duties at the court house several different times. It Is said, looking after a merry-go-round of which he is the owner. The climax came Monday when county employes swung their arms and 'blew their fingers In an effort to cet warm enough to hold a pen-' It was after 10 o'clocK before a fire wm atartedi in the furnace. Mr. Hoff did not appear at all Monday forenoon. When the commissioners met I're Intro duced a resolution appolnllng William B. Christie as lloff's successor after October 1. but as no one seconded It It went over until the next meeting, which will be held Thursday, when it probably will come up ugain. The board Monday adopted- resolutions of respect for Mrs. Richard O'Keefe, wife of a former member. of the board, who re cently died. .V5M r XBRIlSSFflNIWB9 STARCH Sixty-six Vears of Superiority. Just the thing to go with all kinds of fresh or stewed fruit, either as a delicate sauce to pour over the fruit or as a blanc mange or pudding to serve with it. Before another meal drop postal for " Original Recipes and Cooking Helps " and learn what practical cooking aid Kinji lord 8 Oswego Corn Starch really is. Its many uses will surprise you. For making custards, blanc manges, ices, puddings all diihcs that depend lor goodness upon corn starch quality Kingsford's has been chosen by best cooks lor three fenerations. Grocers pound packages toe T. K1NGSFORD & SON. Oswego. N. Y. National Starch Co., Successor! T CIK1!!M R3D KETU $15-00 Tickets on sale OctoWr October 12tli, vin ,"tli, fith ami Tt It ; rot urn limit CHICAGO MILWAUKEE & ST. RAILWAY PAUL Tlircf first clas trains ovory tlay from I'liion Station Omaha to Union Station Chicago; leave Omaha 7:-5 A. M., 6:00 P. M., and 9:'h P. M., arrive Chicago i:13.P. M., 8:o0 A. M. and PJ:-JS P. M., rospoftivolj. F. A NASH, General Western Agent. TICKETS, 1524 Farnam St., Omaha. Woman Trlla that Her Own Mutrr Hroncht Hrr to Omaha and riarrd Hrr In the Grace Walton fleaort. In cross-examination, conducted by V. F. (lnrlcy. -whlcli lastpd Wn than an hour, Mrs. Ahhie Rice, the chief witness for th-5 atate In the police court preliminary of I'harleii B. Davis, charred with murilcrlng Dr. Frederick T. Rustln, retold detalla of her story, Riving; dates, namea and figure without throwina discredit on her state ments before the coroner's Jury or In direct examination. Hy calling Frank Sutcllff, the short hand reporter,-w ho took Davis' testimony nt the coroner'a Inquest, County Attorney English was enabled to read the entire testimony of Davis before the coroner'a Jury. The evidences read to the court In eluded Davla' story of his actions on the night of the shooting of Dr. Rustln. nnd his efforts to kill himself by taking drugn given him by Dr. Rustln. The reading of this testimony occupied the first hour of the aternoon session. Attorney CJurley for the defense drew some additional testimony from the witness, which revealed that she has led and had experiences which would dull the moral sense of even a more strong-minded woman. "My own slater, who Is eight years older than I am ond now lives In Denver, brought me to Omaha and advised me to go to Grace Walton's place on Douglas street and live. I obtained the address of the place from her." This was one of Mrs. Rice's first state ments In reply to questions asked by the attorney for the defense. The girl shook with cold when placed on the stand nnd became exceedingly nervous under the questioning of Mr. Gurley. When she told of coming so near killing Dr. Rustln that all ahe had to do was pull the trigger of the revolver, she choked and came near breaking down. Arter being questioned for fifty minutes she was taken back to the matron's department and locked up. Telia of that Death Pact. The woman told again the story of how Dr. Rustln persuaded her to kill him, and said that four times she promised to take his life and four times her nerve failed her and she could not fire the shots. "What Inducement did Dr. Rustln offer or hold out to you to consent to murder him?" Mr. Qurley asked. "None." "Were there no reasons?" "That his Insurance might go to his wife and children." "Do 1 understand you to say that four times you promised to take his life and that the only motive was for the sake of his wife and children?" "Ye, that was the only motive." Then the woman went on to tell that she had never met or seen Mrs. Rustln, wife of the physician, and certainly she had no use for her, but yet she was w ill ing to commit murder that Mrs. Rustln and the children could have the Insurance and be richer than they were when the physician was alive. "Then, too, I thought It would please the doctor," she said, when she. was pressed for motives. "1 don't know why I first promised to do the shooting, except that e told me I must, and I was in the habit of doing as he told me." Di-opa a Point for Defense. . Wiien Mrs. Rice took the atand, County Attorney English said he had a few questions to ask, and they concerned the original plan of her shooting Dr. Rustln. Mhe told how she bought the cartridges and swore that Dr. Rustin said, "I want you to get them so no one will know I took my own life." Quick as a flash, Mr. Gurley picked this statement up when his opportunity came. "Did he say that he did not want people to know he took his life or did he say he did not want people to think he commlted suicide?" asked the county attorney. "1 believe he said he did not want them to think he committed sulcde." "Did you buy the cartridges?" "Yes the Friday before the doctor's death." "Did you handle them?" "Yes I had one." "Why did you have one of the cart ridges?" "I was to use It to kill myself after I had shot Dr. Rustin." "Why did you need an extra one?" "Be cause I was to insert it in the gun to kill myself, that there might not bo two empty shells In the gun and thus connect my suicide with Dr. Rustin's murder." "Where were you to snoot yourself?" "I had not decided, but It was to be as far away from the doctor as possible." Kna;IUh Shields Vonna filrl. When Attorney Gurley began to cross question the witness and the story came out about her sister placing her In the Walton resort. County Attorney EnRllni: asked for a moment and requested a young girl wno was in the room as a witness, to leave the room that she might not hear the Rice woman's story. Hhe testified that her sister remained with her two months after she came to Omaha and that her sister had once lived at Walton's before. "How long before you met Dr. Rustln in a professional capacity was It that you assumed any other relations with him?" the was asked. "It was after the first operation he per formed on me In January thla year." "When did he talk about the matter of his death?" "About a month before he was killed." "Did he ever talk about It before?' "No." "Did he tell you of his financial affairs before that?" "No, lie did not." "When he told you he seemed greatly in terested In his wife and children?" "Yes." "Did he seem more Interested In them and would he have done morn for them than he would for anyone rUe even for you, who you claim he waa with constantly?" "Yes, he would have done more for them." "imi pent Moat Time nllh Her. "Did he spend more of his time with you titan with his wife and children?" j "Yes, 1 am sure he did." I The woman told the court that Dr. Rus tln iliil not negin drinking until about May 1, when she was living at the Grand hotel In Council Bluffs. From that time on he continued to Increase the amount of whisky which he consumed and drank beer with it. She said he never took morphine until the day before he was expecting to die. when be took several shots of it. saying that he was taking the drug to dull his sense and paralyse hia nerves that he might be spared the pain of contemplating hia death and realising what ha faced so plainly. Attorney Gurley brought out the feet that the Rice woman gave a written atate ment to the police the morning after the shooting of Dr. Rustln In which ahe denied having any knowledge of the Rustln affair, j and that the Sunday afternoon following j sue gavrt the detailed statement to the I eutintv attorney which Implicated Charles j E. Davis. The attorney atked Chief of l et's Her tie. After the chief had sent for the state ment. Mr. Gurley said abruptly. "Oh. that's ell. Mrs. Rice, you may go." The aconite bottle was on the table be tween the attorneys. The county attorney began io wrap It up with his other ex hibits. "Let it stay there." said Gurley. "What's the use to be afraid. w are not going to ttike It now." When the Oleason woman was called to the stand. Mr. Gurley objected to her tes tlfylng. The county attorney retorted that she was the woman who conducted the place where the Rice woman was snld to have stayed the night of the killing of Dr. Rustln, and he thought lief testimony Important. "Are you going to allow the county at torney to establish an alibi for this wo man?" roared Mr. Gurley. "It Is sbsurd; it Is more than that. It Is novel. She Is not charged with killing Dr. Rustln. and the rounty attorney H only doing this to bolster up the testi mony of his star witnes. which, up to this time. lsi overwhelmingly against, the star witness. It amounts to establishing an alibi." ' C'nnrt Admits Glensnn Woman. Mr. English reminded the court that It wss necessary to know when the state was attempting to prove that there was a homoclde. whether or not the Rice wo man had actually withdraw n from the mur der conspiracy and the court was not long In ruling that the Gleason woman could testify as to the whereabouts of Abbte Rice the night of September 1, and the morning of September 2. The woman, who runs a rooming house at Twelfth and Douglas street, testified, as did also Stella , Jones, the colored maid of the place, that Mrs. Rice caine In at 11:30 the night of September 1, and did not go out again until the officers called for her. P. B. Myers of Myers & Dillon, drug gists at Sixteenth and Farnam streets, was the most Important witness for the state In the morning. In answer to ques tions from the county attorney, Mr. Myers told this story:. "I was either In the. front of my store or out on the sidewalk from 9:45 to 10:15 the evening of September 1. and Abble Rice waa pointed out to me as siie entered the store about 9:60. She took a seat In the front part of the store. In a few minutes ! Dr. Frederl. k T. Rus.fn came In and walks I I back to the telephone, which he used. Then ! he walked by me and spoke, passing the I Rice woman as he went out without speak ing. He went across the street alone to I the Falstaff saloon and came out In four j or nve minutes with Charles E. Davis. The Rice woman had gone across the street and was standing on the United States National bank corner. The two men Rustln and Davis walked across the street to within eight feet of the woman. They did not no tice her, but stood waiting for a car. 1 j saw Dr. Rustln put Davis on the car going I west nnd as I had an appointment looked at the clock above their ha,Is. It was 10:10. I Rnatln Joins Woman. ! "After the car had gone Rustln Joined the ', Rice woman. They walked west on Kama u j si reel and crossed to the south side nt ' Seventee nth. The last time I saw Dr. Fred- I erick T. Rustln was when ho disappeared behind the Patterson building, walking with I the woman south on Seventeenth street." 1 This testimony of the druggist confirmed j Mrs. Rice's story In the closest detail. T I. . . .. ... mcou rreger, clerk in the Sherman & McConnell drug store, testified that he sold Dr. Rustin loo half-grain morphine tablets about 10 o'clock the evening of September 1 and that they were triturate tablets, not for use lri hypodermic-Si-5 - -v John M. Welch testified Kiat he saw Dr. Rustin come into the Falstaff saloon about lu o'clock, but did not see anyone with the physician, either as he entered or left the place. Short, Thick Man Again. Henry Staples, bartender in the Alleyette saloon in the rear of the Paxton building said Dr. Rustin and a "short, thickset man! with a round, smooth face." cameto the saloon about 10 o'clock the night of Septem ber 1 and bought and drank two glasses of beer. Mrs. J. A. Becker of 41ul Dodge street testified that she was awakened by dogs barking about ten minutes of 2 o'clock the morning of September 2 and she heard, as she was sitting hy a south window, the voices or men talking. One of them choking as though vomiting. Other witnesses were delayed in arriving and adjournment was taken until ! o'clock, the county attorney saying that he would have the evidence for the state In within an hour after court opened In the after noon. The defense Is known to have a long hat of witnesses, including ten or twelve of those who room at t)ie Chatham hotel, where Charles E. Davis lived. Davis was on hand promptly when court opened and listened to the Judge trim a few of the holdovers before his case opened. The same expressionless features were noticeable, his face was a HALF MINUTE STORE TALK We have n department ds vntPd to parcpls mid baggage. We would like to have you take Rdvnntago of It. We'll check anything yoti wish to leave with us and the service Is frre In fact, we'll be plad to be of as sistance to you also we've a mighty plesfant and cinmodleois store. It is at your service and we will net insi.'t on your buying a thing EVERYTHING NEW AT THE NEW STORE OPPOSITE THOMPSON, BELDEN & CO. NEW GOODS NEW MEHODS If"? EVERY PERSON IN TOWN- nr.tl -no should visit this wrot flothine; store. Nothing like it in the eoun try organized on a "perfect satisfaction" basis and an absolute guarantee on everything we sell. GREAT VALUES IN SUITS 13, $15 or $17 Will buy a suit that will surprise you by its up to-dateness fvcontionnl worth everv one of them is new for this season old j-toclx. They are in greater variety than you'll see elsewhere nnd every one is sold at a decided saving to you oui guarantee for that." LOTS OF OTHERS FROM $7.00 UP. OVERCOATS AND RAINCOATS $9.00 and Up. $10.00 and Up. Every one new and a great many styles that you will not see in stores less parieular as to what they sell. We'll save you con siderable money and give you a better coat and guarantee it to be as our salesmen represent. BOYS' CLOTHES No store In the country rver niad such remarkable offers In little ruen's clothes It will pay you to bring your boy to the big clothlpg store. $1.50 Up. Ak-Sar-Ben Visitors are eordially invited to make this great store their headquarter. You needn't buy a thing we'll take a great deal of pleasure in showing you around. Meet your friends at THE CORNER WITH THE CHIMES if you are: GoSifl to EHterteiM This White8 Have your silverware, if solid, repaired and refinished; if plated, repaired and replated. BRASS BEDS AND CHANDELIERS REPAIRED AND REFINISHED ' GOOD AS NEW Kemper, Hemphill & Owners OMAHA. SILVER CO. Phono Dsuglas 78 and we will call and give yeu prices. V2 Blcck South of Farnam. 314 South Xlitrteentli Street was TAFT MAN OF THE PEOPLE Fitted l- Kiprnrnrr fr President and V 111 Win. Srjs Sfuu tar llnrki-lt. whiter and his eyes still sought the blue sky outsiile. He did not sit near Ills attor neys, his brothers and a nephew slttinif between the defendant and Attorney Gur ley. When court adjourned he opened a conversation with two striking-looking women, who were on a front sent. United Stales Senator Klmcr J. Kurkctt of Lincoln spent Sunday night In Omaha and left Monday morning on a sneaking tour of the North riuYe country, beginning at Kmerson ui Mixou county. ' I bee nothing: in the present situation to tlarm republicans," said Senator Burkett. "The more the people know Mr. Taft the more confidence they will have in him. Ho in beyond doubt the best equipped man In the country for president. His brond experiences In uovernmcntal affairs will jfiva hl;u well after he is elected. "Til reports 1 recei e indicate Mr. Taft is creating enthusiasm everywhere lie little 1 speaks. He impresses people with his sin- T. J. RILEY PASSES AWAY Old Hesldent of Ouiaha Illea l.lngerlnK Illness of Brlitht'a Disease. FATHER GIVES BEER TO BABY aj-s He Considers the BeTerane Bet ter for Child Than HlrlntT av Doctor. Charged with glviiiK his Infant boy copious drinks of beer, Isaac Peterson, llv Ina: at 1316 Capitol avenue, was before Juvenile court Monday morninr. Officer lid Morrison wu the principal witness and he testified he had seen Mr. Peterson give the child a drink of beer frequently. Aft erward, ho declared, the child would stafr ter around. The baby was a year old last January. "I do give the boy beer once In a while, and It's nobody's business but my own." said Peterson to Judge Kennedy. "I would rather Kiva him beer than hire a doctor." An additional complaint was lodged against Mr. and Mrs. Peterson that they rented rooms for Improper purposes. Peter son said ho rented his six-room house for iVi a month and rented two rooms for i:.5fl a day. "I don't ask any questions of my room ers." he said. JudKe Kennedy found the child was neg lected and will try to do something to im prove the conditions surrounding It. By using the various departments if The Hoe ASant Ad Pages you get the best re suits at the least expense. Thomas J. Ttiiey. a veteran Omaha busi ness man and a resident of the city slues 1K5S. died at his home, hh North Fortieth street, Sunday at 4:20 p. in., at 71 years of age. Mr. P.iley hud been ill six weeks witn Plight's disease. Ho was a member of t'.ie firm of Riley i Bros, company, wholesale distiller, for .1 long time and had previously been ensng' .1 in the real estate business. He was horn in Preston. Pa., May 13, 137. II removed to this city in 1S5S. anil April 27. 1SS0. wss united in marriage to Miss Anna Riley. The widow and seven children siir lve. The latter are Mrs. Will Jacobus and Mrs. Sadie Dillon. Chicago; .Mix. Lewis Francis, Mrs. Harry MiC'reary, Miss Klir.Mbeth and Miss Clarice, all of Omaha; Mr. Thomas Itlley of California. Air. Riley was a member of the H. P. o. E. lodge. No. 39. He had lived happily a long and usi ful life, and his reputation was flan less. Hurial will be Wednesday at 9 a. nr. from the family home to Ht. Cecelia's church. Interment at Holy Sepulchre. cerlty. He has premised to carry out and continue the Roosevelt policies nnd as he has been the president's most Intimate and confidential adviser, he is certainly In ac cord with the principles the president tnnris for. ! "Insofr as Nebraska is concerned there Is no doubt In my mind that both Taft and Sherman will receive the usual republican majorities nnd I would not be surprised to After I "", majorities increased. "The peoplo of Nebraska are too level headed to he carried away by some 'ism or 'jaramouiit Issue' promulgated by the democrats merely to catch votes. The rural mail delivery takes the newspapers and the m;' g.izines to the front door of the fnrnier every day and the farmer is read In if. He will not be fooled." Senator Burkett reeeutly delivered a speech nt Springfield. Mo., and he brought back the information that Missouri is by no mi ans sufely in the democratic column. Missouri has had a bis fight In the recent stal" primary and now Senator Stone and flovc nor Folk are tearing open old wounds In their lace for the nomination for sen ator which will be decided at the November rleet inn. Many prominent men in Missouri i told the Nebraska senator Missouri would go .'or Taft. Da lid lit Permits. T. R. Ward, Thirty-second and Burt streets, brick store, ILi.'JW; B. Stenzenber ger. Kighteenth. and Spring streets, frame dwelling. $l,5i0; O. Moaner, Central boule vard and California street, frame dwelling. Ju.OiiO; B. MoHlier, Central boulevard an.i California street, frame dwelling. H.OnO; Willard Chambers. Twenty-fifth and Maple streets, frame dwelling, J'-.tOo. r0 Ml MEM Not good POSITION but good DISPOSITION that makes one happy. POSTUM makes good depositions.. "There's a Reason." Every woman covets a shape ly figure, and many of them deplore the loss of their girl ish forms after marriage. The bearing of children is often destructive to the mother's" shapeliness. All of this can be avoided by the use or Mother's Friend before baby comes, as this liniment prepares the body for the strain upon it, and preserves the symmetry of her form. Mother s rriena makes tne danger or cnuu-piriu icas, mm lamvj safely through this critical T fully tell of the ben -fit and 11 lAf-ii-pH fmm ths. 11Sft of this remedy. $$JS?8l$Z Bonk ffistled free tn all eipeetsnt mothers. I HE BRADFIELD REGULA10R CO. Atlanta. Ga. 1FBJ EE One or the wur't taturcs or kidney trouble la that it is an Insidious disease nd before the victim realizes his danger Jie may have a fatal malady. Take Foley's kidney cure at the first sign of trouble as It corrects Irregularities and prevent Brlght's disease and diabetes. AU druggists. Chicago and Return RAIN CLOUDS THE BULWARK Krost Fall In 'Nebraska M hererer tlie kr la Clear Knoaah to Permit It. Frost filt Nebraska in pots Sunday night. T)ie temperature was low enough to make It general, but the rain clouds warded off the Mow In and around Omaha and other portions. Killing frost is reported In many parts of Nebraska snd on down bouth as far as Abilene. Kan. Central Iowa and the Mississippi alley got their share. L"p at MimieaiK'lis freezing temperature Is reported The local outlook is for partly cloudy or , fair Monday night and Tuesday, with con tinued cool Monday night. Krost is albo predit-ted for thla vicinity Monday night, with a rising temperatura T' 1 n 18 City TOt Oct. 5. 6. 7, Good Til! Oct. 12 Only Double Track Line to Chicago Ticket Office 1401-3 Farnam Street J