Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-12-10
DAVIS CASE WITH THE JURY
County Attorney Concludes Argument
Late in Afternoon.
BECOMES DRAMATIC AT FINISH
GurIey, Chief Counsel for Defense,
Flags Abbie Rice with Severity
in Making His Closing
Add-F.is :

The fate Of Charles z. Davis, tried on
the charge of murder in the first degree
for the alleged killing Of Dr. Frederick
RuEtin September 2 sdll rests with the
jury. The jury went out at 515 yesterday
afternoon, took a recess for dinner at 6:12
and resumed deliberations within an hour
after in its room at the court house a0-
joining the criminal chamber where the
trial conducted.
At 515 O'Clock Wednesday afternoon the
twelve men who must decide whether or
not Charles E Davis shot and killed Or.
Frederick Rustin as the result OF a suicide
pact filed into the little jury room that
/ opens off the criminal court room TO begin
their deliberations,
The closing argument of County Attorney
English ended at 4:55 o'clock and Judge
Sears began reading his instructions at
once. This consumed twenty minutes and
when he finished the jurors were led into
| their chamber and the door was locked be-
hind them.
As soon as the jury had retired Charles
/ z. Davis. the defendant. was taken into
custody by Sheriff Bradley and Deputy
/ Sheriffs Thompson and Gardipee led him
into the sheriffs office, where he was al
lowed TO remain until dinner time.
AS soon as the jurors disappeared the
| crowd that filled the court room began
to melt away A few fingered to discuss
the case or in the hopes OF a speedy YER
dict. but within ten minutes after the case
closed the court room contained only few
stragglers Of the hundreds who had watched
the case with consuming interest.
EnEIiah on Final Address.
County Attorney English began his final
address TO the jury at . o'clock and during
the three hours he occupied he was listened
TO with intense interest. He began al once
| by urging the jurors not 70 consider the
individual who was charged with the crime
nor 10 be swAyed by the sorrow his con-
! viction might cause others. but TO adhere
strictly TO justice.
During the early part of his address Mr..
English was skllful in the use Of sarcasm
when discussing the defendants case. AT
times he became dramatic. The last half
of his address was devoted TO a close re-
view Of the evidence. He ridiculed the alb
! OF the defendant. designating It a toilet
room alibi." When he spoke Of Mrs. Abbie
Rice the chief witness for the state, he be-
came intensely dramatic
IAN the wealth and influence the defense
could muster has been massed against this
little woman IN effort to break down
her testimony" he said. Every name thai
months Of research could reveal has beer
hurled at her"
Then in voice Of suppressed feeling Mr.
I English related the story from the Bible
of Christ and the woman taken in adultery
In which Christ used the words. Let hin
amongst you who is without sin case the
first stone" and after her accusers had
melted away said TO the woman. Go and
sin no more"
Girl I'm Jail, Davis Abroad.
Contrast that treatment with the treat
ment this unfortunate young girl has re-
ceived at the hands Of the defense. DC
you think that since the story Of this grill
sin has been told she has not expiated fOl
her sin? During the long days she hai
J been in custody while this defendant hai
been al liberty DO you think she has suf
fered? She sits here alone and unnotioed
none so poor 10 DO her reverence. He
; Sin was that she loved not wisely but too
} we'll"
Al the close OF this passage IN Mr Eng
lish's address Mrs. Rice, who occupied /
seat IN a corner of the court room wher,
she could not be seen by either spsctator,