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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 5, 1908)
THE OMAHA DAILY BEE: SATURDAY, DECEMBER 5. 190S.
STATE CONCLUDES ITS CASE
County Attorney Complete! Evidence
in Charles Cavil Murder Trial.
DEFENSE STARTS ITS DWINO
;COKBECT SSX8I TO MID AKO B0T8.
"What can you buy a good overcoat for! That depends on wliat you want to spend. $15.00 at this store will buy a mighty fine overcoat, a
coat of excellent fabric, faultless workmanship, cut on lines to suit the modest ta.ste, and the "real ginger," for the swell voung dresser.
Of course $20.00, $22.00, $25.00 and $30.00 will buy a better coat. To every dollar added to the cost of our garments there is just that much
grace and elegance added on the coat. We are making a big feature of overcoats, and wo N
Never sold so 01 amy before
One buyer tells another, shows his coat, second buyer does the same, and so the fame of our overcoats spread abroad. Come and see them,
then match them if you can.
Attacks State's Testimony i
Time Dr. Raatla Went Hm
Mr, niea Complete
(Continued from First Page.)
the shooting and had mads a thorough
search of the barn, cellar and premises for
the revohT, but had failed to locate It.
Davis Story is Read.
Frank J. Sntcllffe then went on the stand
to ruad Mb transcript of the story of
Charles Davis told at the coroner's Inquest.
Davis sidd he saw Dr. Rustln about 3
o'clock Tuesday afternoon at his office to
Ket snmo medicine for sleeplessness. Dr.
Hustln, he said, told him to return at t
o'clock that night and he would have the
medicine ready for him. That evening he
aw Abblo Rice at Dr.. Rustln s office, but
the doctor was busy so he wnt out and
returned In about three-quarters of an
hour. Us went out later and got a bottle
of beer, which he and the doctor drank,
and about 10 o'clock they went out together,
going first to the Alleyette saloon where
Davis said he drank beer and the doctor
whisky. Then he said they went to Sher
man & McConnell's drug store at Sixteenth
and Dodge and while Dr. Hustln went In
the store to get some morphine tablets he
stood on the corner by the postofflce and
watched Mayor Dahlman's automobile
party which stopped at the corner whllo
the mayor made a speech. Then, he said,
they went to the Falstaff saloon and about
11 o'clock he took the West F'arnam car.
He got off at Fortieth and F'arnam streets,
ho said, and walked down Farnam to the
railroad track, and laid clown in the grass.
Whllo he was walking around he said he
had taken a number of the morphine tab
lets the doctor had given him and then
took the fluid in the bottle which the doc
tor had told him contained chloride of gold
and strontium which made him very sick
and caused him to vomit.
Wanted to Commit Solclde.
"My Idea was to go out there and take
.hat done," he said.
"Were you going to commit suicide?"
Davis denied ho had any arrangement
with Dr. Austin to meet him again. He
went to sleep and when he woke up the
cars had quit running and he walked back
to the Chatham, where he roomed. He
denied atanding at the corner of Fortieth
and Farnam streets, where Mrs. Rice said
she saw him when she parted with Dr.
"Did Dr. Rustin give you this medicine
for the purpose of committing suicide?"
he was asked.
"Not that I know of."
"He didn't say anything about dying him
"You went out to" Fortieth and Farnam
with the intention of killing yourself?"
"Yes " .
"Did Dr. Rustin have any Idea you
wanted the medicine for the purpose of
"He may have suspected It. I didn't
come out and tell him."
Later In his evidence Davis said he be
lieved Dr. Rustln thought he wanted the
medicine for suicide purposes. He said he
told the doctor the suicide mania had come
over him and he had tried It the week
before. He had taken nine sleeping pow
ders the doctor had given him, but he
woke up about 11 o'clock the next day
alive. He said he told the doctor this.
"I want something now that will do the
work," he said he told the doctor.
Detective Maloney followed Davis. He
said ho had made an examination of the
territory around Saddle creek, where Davis
said he had laid down and taken the medi
cine. East of the creek, he said, there was
a vacant lot and beyond that a single tree
Instead of a clump of trees as Davis said
he saw. The lot was grown to sunflowers
and no evidence could be found that any
one was there.
State Rests Case.
County Attorney Rngllsh then offered in
evidence the bullet found In Dr. Rustln's
body, the morphine tablet swept up by
Hannah Dineen at the Rustln home, the
gun Identified by Abble Rice as the first
JI..JIJI mi ih.iswhiw.i. hi . .mill i i in iiiiu i lTIIbt
GRAND SPECIAL SALE
Of Sewing Tachincs
For the Next Ten
I Rhone Douglas 2000
Any Brown Suit in tho House
Suits that formerly sold for $3o, S35 fa $4o
CUT AND MADE IN OMAHA.
Herzog Tailoring Co.
219 No. I6th St. Hotel Loyal Bldg. D. 11. Beck. Mgr.
1 1 tefee-' lift
Our Hats are unusual values and
they convince you that you get
the best to be had here, and not
(' r. ' 1
vonly the best
creations of style. SEE the NEW
FAD, Imported direct from LON
DO. FOR US It's the
A green scratch up a "Top
XoUher" for young men $2.50.
Mufflers $1 $1.50 $3 Ku-
Winter Caps 50 to $10
one Pr. Rustln procured, the bottle of
aconite tuken from Abble Rice, the vest
Dr. Rustin had on the night he was killtd
and the photographs of tho Rustln heme.
"That's our case," said Mr. English after
the offers had been received.
Attorney Woodrough, for Davlo, then
made a formal motion to discharge tha
defendant, which the court overruled.
The defense started out with witnesses
tending to show that Davis did nrft got on
the street car at Sixteenth and Farnam
streets at 10 o'clock, as several witnesses
testified, and that Dr. Rustln and Mrs.
Rice did not start on their last walk out
to the neighborhood of Dr. Rustin s home
at that time. The time Mayor Duhlman'e
automobile party stopped at Sixteenth and
Dodge streetB was hn important point In
the controversy, as both Davis and one of
the state's witnesses said Rustin was In
the Sherman & McConncll drug Etore at
Henry Staples, barkeeper In the Alleyettj
saloon, was the first witness called to the
chair. He said Dr. Rustin and a short,
tout man, presumiibly Da1s, came Into
the saloon at about 10:30 o'clock. Dr
Rustln, ho said, drank whisky, and the
short man a small glass of beer, and then
went right out. On cross-examination he
said he could not tell definitely what time
It was, hut It was near 10:30. He admitted
l.o testified before that both men drank
beer, but he said his best recollection now
was Dr. Rustln took whisky.
Mrs. DiBrand De Christian, who runs a
Days 5: dept.
Fivfl Drawer Drop Mead Aia-
ehines. warranted for 0 years,
with all attachments completo,
golden oak case, worth $25,
at this sale, ouly. . .$10.50
$36 u(j machines, warranted 10
years, only $25.50
$40.00 machines, warranted 10
years, only $27.50
$45.00 machines warranted 10
years, only $30.00
Also quite a number ot slightly
used machines, prices rang
ing from $2.50, $5.00, $7.50
Why do without a machine
when you can uet one for these
prices? On the easy payment
plan. We sell needles, oil and
: ru for all machines made.
-.-fiir Bu makes.
Com Xarly and Oet first Choice
We have suits
The man Is certainly hard to
please who doesn't take a fancy to
these shirts of ours. We arc de
termined to sell the best shirt to
be had for the money; and so we
say to you the best for
$1.50. $2.00. $2.50.
S3. 00, $3.50'
quality but the latest
confectionery store at Blxteenth and Dodge,
testified Mayor Dahlman and his party
began speaking on the corner at about
10:30. She said she looked at the postofflce
clock when a woman from an adjoining
theater called her attention to the fact it
wns after 10 o'clock. Alphonse De Chris
tian, her brother-in-law, testified to about
the same time and created considerable
amusement by his broken English.
Charles Emery testified he was in the
Kalstaff saloon between 10 minutes of 11
o'clock and 11 and saw Dr. Rustin there.
He also saw Jack Welch, who hod pre
viously testified for the state. Mr. Welch
testified It was about 10 o'clock. John
McKenna also testified he saw Dr. Rustin
in the saloon abut 11 o'clock. He said he
had gone to the saloon from the court
house, where he had delivered the election
boxes from Kast Omaha.
Denies Clock Was In Place.
W. B. Roberts, a clerk in tho cigar store
of Nlles & Moser at Sixteenth and Far
nam, gave another piece of important testi
mony. He said the clock that hangs on
the corner of the store was taken down
Beptember 1 and was down for two or
throe days undergoing repairs. This is the
clock P. B. Myers testified he tooked at
when he saw Dr. Rustln Join Abble Rice
and noted It was 10:10 o'clock.
Kred Met said he rode heme on the st eet
car with Dr. Rustin about 6 o'clock the
evening preceding the murder and there
was no one with Dr. Rustln. Mrs. Rice
said she went out on the same car with
Dr. Rustln and rode on to, Dundee aftei
he had alighted at Fftrtleth and Karnsjn.
As the climax of the state's evidence in
;ho Davis murder trial, Mrs. Abble Rice,
Friday morning related to the Jury the con
versation she had with Dr. Rustln the
afternoon before his death, In which he
told her Charles E. Davis, the defendant,
had promised to shoot him.
When court convened Judge Sears for
mally overruled the objections made by the
defense Thursday to this part of the testi
mony and the question asked by County
Attorney English the night before was
read to her. The question a elated to what
Dr. Rustln had said to her when he
came back to her In his private office after
consulting someone else In the public recep
tion room on the afternoon before hts
"He said he had found someone else to
do the deed," said Mrs. Rice.
"What else did he say?"
"He said he had a man who had promised
to kill him and the man was In the other
room and his name was Charley Davis.
He said he was to do It in return for
poison with which to kill himself.'
"Did he tell you when or where?"
"He ssid the man was to came back to
the office at 8 o'clock."
Crowd Not So Lara;,
The crowd in the court room was some
what smaller than It was the day before,
though all the seats were taken and many
were standing. The interest In Mrs. Rice's
story was Intense and everyone strained to
atcli every word.
Mrs. Rice was on the witness stand until
l:to, when sire was released after a
searching cross-examination by Mr. Our-
ley. The state Immediately began putting
on minor witnesses, whose examination re
quired enly a few minutes each.
After Dr. Rustin had told her about the
defendant, Mrs. Rice testified he called
up Myers-Dillon's drug store and ordered
a bottle of aconite.
"Did you see the man In the other
room?" asked County Attorney English.
"Who was he?"
Mrs. Rlqe says she returned to Dr. Rus
tln's office in the evening and Dr. Rustin
came in about 7:45. Charles Davis, she
said, came In about 8 o'clock. She de
scribed his clcthes, her description oorre.
sponding minutely to that given by Dr.
Lord of the man he saw coming east on
Farnsm as hf was hurrying to the Rustln
"Dr. Rustln said Davis was connected
with soma people at the First National
bank and had tried to kill himself several
times and wanted to do It now," rho said.
"Before Davis cam In did you have any
conversation with Dr. Rustln about the
plan?" she was asked.
"He said he was going to do it out near
the doctor's home that niht."
fcliu said ti:e doctor divided th bottle of
1 "e fit all
wiYI 1 TS south, you
87-5, 10, !2, $15, W $18, $20, $22-
Slims, stouts and extra large, and we are offering you today the finest lines we have yet shown and that
Where else can you find Buch und
erwear values? We have all the
excellent lines and qualities,
fleeced lined, natural wool,
merino, camel's hair, pure soft
wool, lamb's wool, etc.,
45c a Garment
Up to $5.00
Ask to see what Interests you.
It's sure to be the best value in
aconite Into two parts, giving her the origi
nal bottle which was taken from her when
she was arrested. While Davis was out
of the office to get some beer she said she
tried to persuade Dr. Rustin to give up
the plan of dying.
"He said it had to be that night," sho
She sakl she was to meet Dr, Rustln at
Sixteenth and Farnam streets. Wnlle wait
ing (or him about 10 o'clock she saw hiia
and Davis coming from the south. Davis
got on the car and Rustln came to where
she was standing. They walked out to near
Fortieth and Farnam. The doctor, she
said, remarked they had better hurry, us
Davis might get tired of waiting.
Doctor Poluts Oat Davis.
Near Fortieth and Farnam, sue said, tiie
doctor pointed out a man standing at the
"I looked and recognised Chailes E.
Davis," she said.
Dr. Rustin then left her and walked past
the man on the corner and went toward
"Dr. Uustln said for me to wait a while
and If Davis would' not kill htm he would
come to me. 1 waited for the third car
and then took it and came down town."
Sho said a man got on tho car at thu
same time she did. She said she went to
Clara Cleason's place, where she had a
room, reaching there about twenty minutes
of 12 o'clock. She said she telephoned D..
Rustln s home twice before going to Led.
The first time she got no respuhse and
tne second hiitie someone told her the doc
tor was not in. Shu said end then went to
Mil and got up before 5 o'clock the nex.
morning and called Hie residence. Sue
mailed ugain about t o'clock, but tne court
would not let her say with what success.
This corresponds to the evidence of Han
nah Dlncen, the Rustln servant girl, who
anbweied the calls.
This closed the direct examination of
Mrs. Rice by tho state and Judge Sears
ordered a short recess.
Davis Aiot In Court Room.
A mild seusaliun was caused wuen court
convened again by the discovery after Mi.
Gurley had asked Mrs. Rice several ques
tions In cros-exuniinutlon that the de
fendant, Charles E. Davis, was not in the
court room. Judge Sears ordered proceed
ings stopped and Mr. Woodrough went out
to find the missing defendant. He dis
covered him In one of the Jury rooms con
sulting with Attorney John W. 1'arisii.
After he was brought into the court room
the Judge ordered all the evidence taken in
his absence to be read to mm.
Mrs. Rice said when It was planned that
Dr. Rustln was to be snot In his office
he was going to telephone to his wife lha.
ho was hurt.
"Was he going to say, 'A man shot me?" "
asked Mr. Gurley.
"I don't believe he said what he was go
ing to say."
Mr. Gurley went over all the Important
points In her evidence and subjected her to
a close crobs-examlnalion. Her story at
the close was unshaken. She was asked
about an interview in a locul paper the
invigorates and builds up the
devitalized, undermined sys
tem, whether it be from
disease, worry or overwork.
It strengthens the mind, the
nerves and the muscles; it
builds up the whole body as
nothing, else will do.
Be sure to get Scott's Emulsion.
The numerous cheap imitations
and substitutes will not do you
half u much good.
Scad this ad., lour cents far pastas, atea
Uuning this paper. sn4 we will tend you
a "Complete Hwly Atiu of the World.
SCOTT A BOWNE, 4(W Pawl St. N. V.
' i mmmnn '- ' .t m
j i iiim yy-MW rfT?f ill
sizes makes no matter what. If your proportions are abnormal, east and west, north or
may turn to this store with the full confidence of being fitted perfectly and satisfactorily at
price. We tack on no extra figures because we can fit you and
Some things In a store always stand
out with more prominence than others
for Instance, our GXiOTE 8ECTIOW.
It's seldom. If ever, that a man comes
to this department for gloves afd
does not find exactly what he wants
at the price he wants to pay. We
have mado a special effort to offer
our patrons the very best kid gloves
for street wear at
"And We're Doing It."
Thursday after the tragedy In which she
said Dr. Rustln was in his usual Jolly mood
and that she knew nothing about his af
fairs. She said she remembered talking to
a reporter, but could not recall Just what
she had said. After a short redirect and a
recross-examlnatlon Mrs. Rice was allowed
to leave the witness stand at 11:40 o'clock.
Mronar Supporting; Kvldenee.
Strong corroborative evidence was given
by A. W. Larson, a foreman In the Btreet
car barn at Twentieth and Harney streetB.
He said on the night of September 1, at
11:20 o'clock he took a car at Fortieth and
Farnam streets and a woman got on the
car with lilm. Mrs. Rice was asked to
Btand up and Mr. Larson said It was a
woman of her sise and figure.
"She had on a dark skirt, a white shirt
waist and a merry widow hat," he said.
His reference to a merry widow hat
caused a burst of laughter from the crowd.
His description of the clothes worn by
the woman corresponded with, that given
by Mrs. Rice herself.
C. If. Onstot. the conductor on Dye car,
said he saw the woman get on at the
same time as Mr, Larson, and said the
woman bore a close resemblance to Mr.
Rice. She got off, he sjald, somewhere
east of Sixteenth street.
Sam Friedman, tiie Council Bluffs pawn
broker, testified to exchanging a good
Iver-Johnson for the broken one with Dr.
Rustln. Dr. Rustin gave him SI In cash In
tho deal. He Identified the revolver he
took as the one In exchange.
SOUTH DAKOTA'S WEALTH
Twenty-Five Million Dollars Increase
In . Production of Soli This
Tear Over Last.
BIOTX FALLS. 8. D Dec. 4.-(Spoclal.)-That
Snith Dakota. In the year 1908. has
produced 825,202.(XI0 mrre of new wealth
than in 1J7, JtD.'XlO.tXiO more than In 1!HK
and S.'iS.OOO.Oft) more than in 1W5 Is the an
nouncement. Junt made by Doane Robinson,
state historian for South Dakota. Th e
figures toll In dollars and cents the ma
terial prcgress of the stat, which is to
be seen by any traveler In the invasion of
virgin fields, the rearing of farm buildings,
the drilling of artesian wells and the ex
pansion of mercantile Institutions.
South Dakota's record breaking total of
new wenlth, produced In the current year,
is 1H5,4S4.0jO, as compared witii $116,792,000
four years ago, H6,7W,OjO three years ago,
!145,C12,OcO two years ago and J10O.232.Ofln last
year. In other words, the wealth producing
capacity of the state has grown about 16
per cent In a single year.
Following is Historian Robireon's general
summary of the entire production of the
year, giving tho market value in each case,
a lower figure than the government's farm
Wheat 35,KS;.f)0t) bushels S 8I.292.SOO
Corn, ij.SMho bushels 8o.i24,4m
Oats, 34,2M.iO bushels 14.3MS.020
tiaili y. 24,411,000 bushels 11.474.5")
Flax, S.'""1.'!1 bushels 6.2i.mi
Spelts, 3.750.000 bushel l',4Q.cV)
Hay, 8.24U.O00 tons 16.3tW.0ii0
Pi.tatcies, vegetables and fruits.... u.'nio.on)
Dairy products 8.200.00o
I'oultrr and eggs 5,100,0 0
Live stock 39,977 550
Wool and hides H22.UO
Minerals ai'd stcna 9,50(',0W
A marked. Increase Is shown IP the live
ttock marketed this year, the total of 428,.
924.4 IS pounds, comparing with 274.737,715
pounds In 1907. The historian accounts for
this by the shipments of big range herds
before the advance of homesteaders and
the large Increase of fat stock on the
farms. It will be observed that, notwith
standing South Dakota's classification as
a wheat state, corn, as last year, led In
the value of yield, while the barley crop
of 24,OuO,000 bushels makes South Dakota
one of the most Important states In the
production of that cereal.
Tho National Association of Wool Manu
facturers estimates the South Dakota wool
ctop at 3,900,1(00 pounds, worth 1721,000, th
largest ever credited to the state. Thorj
is no material change In dairy and poultry
products, while creamery production Is di
minishing and farm production correspond
ingly Increasing. The miners have had a
sulisfactory yesr and the output of $8oo,0 0
la the b'ggest ever reported.
The lire Want Ad pages offer tit best
advertising inedlu a.
Suits for Bays
Our assortments of Overcoats
and Suits for the boys are sure
a mammoth collection; the
handsome garments put a smile
on the face of every parent who
sees the boy Inside of them. If
the little man needs an Over
coat they are only
If it's a suit they
NEW YORK JJP AND DOWN
A City Considerably In the Air and
Under Ground at Least
Though much is being said and writte 1
about Now York's growth in Jength and
breadth, In the number of Its Inhabitants
and the height of its skyscrapers, one does
not often hear the question: "How thick
Is New York?" Now, there may be mire
V swers than one to this query. If tl)3
persoh to whom It Is put is Inclined to
the use of slang he may (translate "thick"
Into "stupid" and reply: "New York Is
Just thick enough to let a succession of
Tammany mayors waste her weulth until
bankruptcy stares her In the face." Rut
It he takes the word "thick" literally he
might answer with truth that New York
City has an extreme thickness of 1,090 feet.
In other words, from the uppermost tip
of the terminal light on the big Metropoli
tan tower, which is 700 feet above the
street level,' the highest point permanently
reached by man In his activities above
ground In New York, to the extreme depth
of the elevator plunger cylinders beneath
the City Investment building, a point S!0
feet below tin level of Broadway, the point
of greatest depth thus far reached by man
In his activities below ground in New York,
the cltw Is over one-quarter of a mile
thick. Reduced to yards, this thickness ot
New York Is 361 yards and one foot, and
In inches the total thickness is 13.0M). Ex
tended over a horizontal plune, this thick
ness of New York would a little more than
equal the distance from the Hattery to
Rector Btrect or from the city hall to
And If, by some giant knife, Manhattan
Island could be cut like a pie, down througn
the lofty Metropolitan tower, to tho ex
treme depth of the elevator cylinders be
neath th City Inventing building, all un
believers would bo offered ample ocular
proof that within the last few yee.rs under
ground life In New York has developed at
an almost unbelievable rate.
Following tho trull of the elevator shafts,
sub-busements have followed basements,
and have In turn been followed by sub-sub-basement
8. until beneath the Hotel Uel
mont at Forty-second street and I'ark ave
nue elevator service has been extended
down to the fifth level, a distance of flfty-
3.. nawiMi m. hi i,l im in m wm m w ww in mm sn
Pays a month's rental on a Beautiful Upright Piano. "Will
you go without music in your home when for so little you
may have it! Rental allowed if purchased. Free moving
on six months' rental. Call or 'phone order today.
Schmoller & Mueller Piano Co.
1311-U13 FARNAM STREET
hones -Douglas 1625. Independent A-1525
t inr-mri "
A special purchase of 500 Women's and Misses
Tailored Suits, Coats and Princess Empire.
Gowns of superior Broadcloth,
fancy imjorted materials. Values from $:
$30.00 and up to $37.00 your
rev its? - r
v !( ijg.
have the clothes you want.
r.lre feet and four Inches below the lev.-l
of the street. True, It Is only the freight
elevator cars which desc end to this bottom
level at present, but passenger elevators
even now descend to the third level or
story below tho street, on which the hotel
laundry is. and they will probably descend
tho entire distance to the fifth level some
day. A better Idea of tho depth to which
activities are curried below' tha surface
of New York at this print Is afforded by
the fnct thut the subway, as It swings
1 from Park avenue, Into Forty-second street,
passes through the Mrfomi level or story
of the hotel builcfl-ig beloN? H yitreot, and
that business Is dully going forward Ifi
the three levels below the subway, Lo.-f'if '
the situation were the most romra YZch
In the world. There are numerous'f'other
buildings In the city, especially 'unong
those recently constructed. In which thu
elevator service Is extended beyond tho
basement to the sub-basement.
An Illustration of the growing tendency
to develop the underground possibilities of
business life in New York was given when
plans were recently filed for a new sky
scraper, to go up on the site of the Tower
building, the original New York skyscruper,
at 50 Broadway. The plans for this new
building call for six Morles below the level
of the street. New York Tribune.
Testimony In Lower Fare Case.
SlOt'X FALLS, 8. D., Dec. 4. (Special.)
On Saturday of this week J. Howard
Gates, of this city, who some weeks ago
was appointed by Judge Carlsnd, of the
United States court, as special master to
take testimony In the 2H-cent passenger
rato case, will depart for Chicago, where
ho will commence the work of taking testi
mony In the case.
When tho testimony has all been taken,
Special Master Gates will make his find
ing of facts from the testimony and re
port the same to Judge Carland, who then
will make his ruling on these findings of
facts as submitted by the special master.
Snow Storm In Kast.
CHICAGO. Dec. 4.-Winter's first on
Flaught on wire service In the e 1st was
maile today when a wet snow, accomuanled
in sorre plan s hy a high wind, demoralised
telerrai h service betwe n Chi' ago and
Pittsburg. Linemen were o dered out all
alonu the line to make repa is as fast us
possible. In other direct oris f om Chlcagj
conditions were reported normal.
anin ii n ( hum mTi" i
Omaha's Ladles Tailor-Male
Apparel Economy Cents
Her rashions Bsiga Btt
Positively tfas best values
of tie season.
yr $ ' 1
r ' . .mi
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