Omaha daily bee., 1908-11-06
RICE WILL ASK FOR DIVORCE
Offers to Make Up with Wife, but She
Simply Laughs at Him.
STAYS IN JAIL TO DAVIS TRIAL
Woman Involved In the Rustin Case
Receives Husbands Plea for Re-
cO~nciliatiOu with Nom
chalant Air.

Abbis f.. Rice, the woman whose name
has been closely connected with the violent
death of DR.. Frederick Rustin and also
with the resulting prosecution of Charles
p. Davis, will be sued for divorce by her
husband, Irving Rice, who arrived in
Omaha Thursday morning from Youngs-
town, o.
Desertion and the living of a dual life
will be made the grounds for the action.
Announcement of Rice's intention to pc
tition for the separation was not made
until he had seen his wife early Thursday
morning. In the presence Of Captain
Savage and Dunn OF the police force at
the city jail, Rice had a brief talk with
her and proposed thA' she return and live
with him after the Davis case is finished.
He promised to forgive her and forget the
past Il she would agree to live right.
You're just wasting time" she said,
with a most nonchalant air. 81 don't love
you any more and don't care TO live with
YOU. 1 don't care what you do in the mat
ter"
With these words all idea OF reconcilia-
ton vanished from Rice's mind, and he
told his wife that IL she would not live
right and return to the home he would
provide, he would sue for divorce.
go ahead, the sooner the better" was
all Mrs. Rice said. She laughed slightly
as she spoke and no trace Of concern or
regret was portrayed on her face.
Wrote 10 wife i'm Woe.
After being mustered out of the Eleventh
cavalry at Fort Monroe, Virginia, soon
after he heard OF the Rustin case, Irving
Rice first went to Boston and later to
youngstown, o., having friends and rela-
tives in both those cities. He says he
wrote a number of letters to his wife in
curing as to her situation in Omaha, Of
fering assistance and promising forgive
ness and a home II she would reform.
Most of these we're not answered. al
though she received them, as they were
sent by registered mail.
Rice's visit to Omaha was made in a
final effort to persuade his wife to forget
her past life and he says that If she had
accepted the conditions he proposed he
could have raised the cash bond of $1,000
necessary to obtain her release from police
surveillance in this city, as he has we'll
to-do relatives in Ohio who would gladly
have provided the funds II she would
promise to reform.
II did not tell her of my plan to secure
a bono for her, as 1 was afraid it might
influence her decision. l was willing to
make up with her If she was sincere, but
I will not live with her on other grounds"
said he.
Rice Soldier Record Clean.
Rice is % years of age, of ordinary edu-
cation and bearing and served as a cav
alryman In Cuba and at various govern
ment posts for three years after complet-
ing his education and was discharged hon
- IA =
skill. He married Abbie Clary at Des
MoiIes In 1906 while serving at Fort Des
Moines and she was with him at Pinar del
Rio. Cuba, for some time. She came to
Omaha from there, the climate being bad
for her.
It was while Irving Rice was Soldier
ing In Cuba that Abbie fell into bad COM
pany in this city and he knew nothing of
her situation or surroundings here till he
read notices of the Rustin affair in Amer
lean newspapers that he found at a Young
Mems. Christian association library near
the Cuban military post. He wrote his
wife Immediately.
Though the young man has practically
no money with which to begin his suit
for divorce, he intends to file the petition
as soon as possible, going to work to
earn the necessary funds. Thursday morn
ing he consulted a local attorney about his
intentions and was advised to remain in
Omaha and start the suit here.
Law REQUIRES Suit Here.
Abbie Rice's residence in the city for
over six months and his having no perma-
nent place of residence on account Of his
recent discharge from the army make it adj
visable to have the suit in Omaha, as the
law requires that one of the parties be a
resident Of the place where the petition is
filed.
When seen in the matron's department OF
the police station at noon Thursday Abbie
Rice laughed and said she was glad her
husband wanted a divorce.
mo. my father is not going TO secure
that $1,000 bond for my release. I expect
H-