Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-09-11

'The family discovered evidence TO-
day that will completely and effect
ually establish the innocenoe Of my
brother and set at rest the minds OF
the people regarding his connection
with the Rustin tragedy," said Fred
H. Davis last night in discussing
rumor that his brother, Charles H.
Davis, haa made confession. mo-
he has made no confession, for the rea-
son that he has no confession 20
make, Ne made all the confession he
had to make to the coronsr's jury, and
that was Of his own inclination to COM
NIT suicide. Ne IL resting well, II
mot attended By physician or nurse,
though he Is still suffsftng some FROM
the excitenent ana shock. when we
disclose the evidence we obtained tc-
day there Will be no longer any room
for doubt as to the Innocence OF my
brother IN this case. Until then ali we
ask Is for the people to be patient"
The announcement by County Attorney
English that he would file a charge OF
murder in the first degree against Charles
E. Davis for the murder OF DR.. Fred t.
Rustin and the disclosure of the fact that
Dr. John p. Lord met man whom he de-
scribed as Mr.. Davis coming east on Far
nam street about Thirty-eighth avenue as
he (the doctor) was going west on Farnam
in response to Mrs Rustin's call to attend
her dying hsuband, were the vital devel-
opments yesterday in the appalling tragedy
that has shaken the country as have few
cases In the annals Of criminalitT.
The county attorney drew UP the COM
plaint yesterday afternoon and intends fill
ing 1t this morning and having Davis ar
raigned in police court on the charge of
first degree murder.
DR.. Lords statement created q profound
sensation Not since Mrs Rice shook the
city with her startling revelation of that
astounding death pact involving three
human lives has any development been re-
ceived with great a shock.
Element of Importance.
The Importance of DR.. Lords seeing such
a man at such time grew out OF the
amazing disclosure of Mrs. Rice before the
coroner's jury when she told with such
gruesome stoicism of the compact pro
posed by Dr. Rustin and accepted by Davis
for Davis to kill the doctor; also out OF
the frank confession on Davis part of his
own eagerness to commit suicide and the
corroborative testimony of Fred II. Davii
showing his brother to have been for thir-
teen years subject TO periods OF mental de
preston, during which he attempted t
take his life. And, finally, what placed tbs
climax of sensation upon Dr. Lords state
ment was the fact that Charles Davis tod
the coroner's jury ~that he had gone on
past the Rustin home that fatal night OF
down to Forty-sixth and Farnam streets
where he laid down and tried to die from
the effects of the poison given him by DR.
Rustin for suicidal purposes.
DR. Lord insists he reported seeing thi
man to the police the morning Of DIR
Rustin's death. when he telephoned 1t t
the officers from Clarkson hospital Chic
OF Police Donahue said the matter hAi
never been brought to his attention. Chic
OF Detectives Savage said If 1t had eve
/ been told to him he had forgotten 1t
County Attorney English said he neve
| heard of It until advised yesterday by Tn
4 Bee. Dr. Lord does not say he advise
/ County Attorney English. The latter ex
presses keen regret that he did not hav
these facts at his disposal when conduct
/ ing the investigation at the inquest. Blu
he has seized upon them with avidity an
says he will make the best use Of then
now The officers had talk yesterda,
afternoon with Dr. Lord about the mat
/
most vital Importance in the final deer
mination OF this mystery.
Twice He Told Police.
Twice Dr. Lord told this story to polic
officials the very morning OF the shootin
and within short time after he calle
the station ana netifled them Of the Al
fair.
I Though Dr. Lord gave this informatio
to the police prior 70 the coroner's inques
and he was a witness az the inquest, h
was rot asked whether he saw anyone
the neighborhood when he gave his test
mony He was given no opportunity b
County Attorney English 70 answer an
question as TO whether he saw anyon
while he was hurrying TO the assistance {
the wounded physician.
Dr. Lord lives at S425 Farnam street. Will