The Montgomery advertiser., 1908-12-05
A WEB FOR DAVIS
MRS RICE CONTINUES ON WITNESS
 STAND.
woman Testiaes that pr. Rustin En- gased Capitalist of Omaha
 to Put Him to

Death.
 1 Omaha. Neb.. Dec. 4.-Manv sensa- tional situations in the trial of Charles D. Davis. the capitalist, | charged with the murder of pr. Fred erick Rustin, rewarded the immense crowd that packed the court room to- l day.
 While interest centered in the evil dence given by Mrs. Rice and a read coroner's inquest. attention also was attracted to the testimony offered by numerous other witnesses much of 1t of a ,corroborative nature. Mrs. Rice took up most of the fore noon with her story of how Rustin told her of the plan to have Davis XIII him under promise that the physician would furnish Davis with a deadly poison with which to take his own life.
 The State placed number of wit nesses on the stand during the after noon to corroborate the testimony of Mrs. Rice and to fix the time of pr. Rustin's movements and those of .Da- wis during the evening preceding the death of the former,
 The exhibits offered In evidence formed another portion of the days proceedings, after which the state rested.
 The defense quickly began the intro auction of witnesses to impeach those of the State who had testified as to the time Rustin and Davis were seen down town and were employed on that line when adjournment was taken.
 Judge Sears announced that the usual Saturday afternoon recess would be taken tomorrow. tss When the trial of Davis was resumed today in Judge searss division of the District Court Mrs Rice again went on the witness stand.
 The question pending when court ad- journed yesterday was allowed to be admitted. Mrs. Rice said that pr. Rus 1 tin told her that he had secured 6 man to kill himi and that she would not have to do the deed:
 Every question tending to connect the defendant with the killing was | objected to by the defendants coun- | sel. sA
 She told of Dr. Rustin calling up q drug store to secure aconite on the afternoon before his death. She told of the visit of Davis to the doctors office during the afternoon. pr. Rus tin took the same car for home, but they did not get on together. and while he stopped at Fourth Street, she went to the end of the line. pr. Rus tin directed this proceeding because he did not want them seen together in public more than was necessary. She told of her visit to the doctors | office at night during which Davis came in. Meantime the doctor show ed her a bottle of poison which he said he was preparing for Davis, who, in exchange for it, was to kill pr. Rustin. The poison was a mixture of another drug with aconite. The original bottle of aconite he gave her and later she turned it over to the l police. It was introduced in evidence.
 During Davis second visit to the office, but while he was temporarily | absent from the room, witness said she tried to dissuade Dr. Rustin from dying, but ke declared that it must be that night.
 She said Dr. Rustin explained to her his plan of sending Davis to the vicIni- | ty of his home. She left the office after o'clock that night, going to drug store and later walking on Farnam street near Sixteenth. waiting for pr. Rustln. She saw the latter approaching. accompanied by Davis, who boarded westbound car after which Dr. Rustin joined her and they walked Fortieth and Farnam streets. On the way Dr. Rustin told her his plans were all made.
 On the way Dr. Rustin said they would have to hurry for Davis would become tired of waiting. Arriving at Fortieth. she said she saw Davis standing on the sidewalk. Dr. Rustin here left for his home. which was near, and she shortly afterward took a car for her boarding house.
 Before leaving her Dr. Rustin told her to walt little while and if he found that Davis would fail him he would return to her. She did as directed, taking the third car that came along. Upon arriving at her boarding house she telephoned to pr. Rustin's home and was told that he was not at home. Shortly after she called the Rustin home again, but did not learn of the shooting until she read it in the, newspapers later.
 Here the witness was turned over to the defense and the cross examina- ton began.
 On redirect examination Mrs. Rice said her custom was to call pr. Rus tin on the telephone at his homo after dinner each evening. representing her self as patient and asking him ro come to her.
 A. W. Larsen, a street railway em- ploye, said he was at the corner of Fortieth and Farnam streets at l1:2O D. m., on September 1, where he took an eastbound car for home. He notic- ed a woman boarding the car at the same time and her description was much like that of Mrs. Rice who had previously testified to taking a car at that place about that time.
 M. H. Olmstead, conductor of the car on which Larsen rode. gave simi- lar testimony.
 Sam Friedman, a pawnbroker of Councl Bluffs, testified to exchanging Q revolver for another which was out of order, with a gentleman who was unknown to him about the date given by Mrs. Rice.