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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. cClatlltTi2 IPcDfliniilcBiP "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 Story-. to t s f (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?" I was." 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. Rustln. ' "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 self?" "No." "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 killing yourself?" "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 11 GRAND SPECIAL SALE Of Sewing Tachincs For the Next Ten HAYDEN BROS. I Rhone Douglas 2000 Saturday Special 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 M Hat 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 "Fluffy Ruff" 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 that time. 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 and $12.50 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 Ind. 1131 0 .OO At 11 fl We have suits Shirts 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 31.00. $1.50. $2.00. $2.50. S3. 00, $3.50' Section 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 death. "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. "Yes." "Who was he?" "Charles Davis." 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 homo. "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 1st 1 "e fit all wiYI 1 TS south, you a reasonable at 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 Underwear 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 the land. 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 continued. 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 coiner. "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 his home, "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. ALL IBDOOI8Tt 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 li 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 Gloves 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 $1.00 That's Made. "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 value's: 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 Honey 2S.000 Live stock 39,977 550 Wool and hides H22.UO Minerals ai'd stcna 9,50(',0W Total tlS5.434,430 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. Overcoats and 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 Winter Caps Sweater Coats GIov S5 Warm Hosiery NEW YORK JJP AND DOWN A City Considerably In the Air and Under Ground at Least Five Stories. 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 Leonard street. 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 " t r Important Announcement 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. and 25 means something. nnd tip. are only and up. 50J $1.00 "P 50 75 25J 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 p.sms. chevron choice. Positively tfas best values of tie season. lit yr $ ' 1 r ' . .mi .... . MsjWsBMw,w