The evening world. [volume] (New York, N.Y.) 1887-1931, 1908-12-04
Woman Thrills Court by Tell
ing How Doctor Scolded Her
When Her Nerve Failed.
HE TRIED TO FORCE HER.
"Shoot Ne in the Stomach, u
Self-Appointed Victim Urged
Were to Blame Burglar.

OMAHA Neb, Dec. 4-HIrs. Abbie
Rice was again on the witness stand
to-day when the trial Of Charles E.
Davis, charged with the murder of Dr.
Rustin was resumed. The greater part
of the day was consumed in Gei. exam
fnation. as the defense made frequent
lobjections
The courtroom was again the scene
of crush of spectators to-day.
Mrs. Rice told her story in detail
land the crowd hung on her every word
as she launched into the dramatic nara
tive. Only once did she show any emo
3tion-when she referred 10 DR.. Rustin's
imother.
Got Man to Kill Him.
The question pending when court ad-
iiourned yesterday was allowed to be
answered. Mrs. Rice said that DR..
Rustin told her that he had secured a
man to kill him, and that she would
not have to do the deed. Every ques-
'tion tending to connect the defendant
with the killing was objected to by the
defendants counsel the most import
ant of which were permitted TO be an
iswered
= She told of DIR. Rustin calling I'D a
drugstore TO secure aconite on the az
lternoon before his death. She told of
the visit of Davis TO the doctors Office
during the afternoon. DR.. Rustin took
the same car for home. but they did
not get on together, and while he
t stopped at Fortieth street she went to
the end of the line. DIR. Rustin di-
rected 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
Meantime the doctor showed her a
bottle of poison which he said he was
preparing for Davis. who in exchange
for it was to kill DR.. Rustin. The poi
son was mixture of another drug with
aconite. The original bottle of aconite
he gave her and later she turned It
over to the police. 1t was introduced in
evidence.
On cross-examinat3on Mrs. Rice said
that after Rustin had formed his death
plan he talked OF II constantly, and
suggested plan by which ] should
shoot him IN Ais office. l promised 10
comply with this request.
He then purchased a gun ! first
saw the gun the second Saturday be-
! fore his death. He said it was the one
he was to shoot himself with"
Mrs. Rice quickly corrected herself
with the statement that she was to
shoot him with the gun. She broke the
revolver and 1t could not be used. which
caused the proposed shooting to be de-
Isyed
1t was decided, she said, to carry
out the shooting at Rustin's home as
the deed of burglar.
Her Nerve" Failed.
I'VE then went to the doctors home"
abe continued. land he went to the
barn. ] was 10 have gone to the rear
OF the barn, but a wagon passed and
became timid and walked down Far
NUN street few blocks and waited
for a car. When the car came along
and stopped for me. DR.. Rustiu stepped
up. After scolding me. he took me
back 10 the barn. He was angry. and
insisted on me shooting him right
there. He instructed me TO shoot him
in the abdomen, saying he would then
live a few days and be able TO settle
up his affairs. i said: Fred / can't
do It; can't harm you He was very
angry, and We talked for some time
and returned TO his Office downtown"
Had to Die That Night.
During Daviss second visit TO the Of
nee, but while he was temporarily alb
sent from the room, witness said shs
tried TO dissuade DR. Rustin from dy-
ing, but he declared that II must be
that night
She said DR., Rustin explained to her
his plan OF sending Davis TO the vicinity