Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-12-04
Story of Rustin Telling Her He Got
Defendant to Kill Him.
DEFENSE MAKES A HARD FIGHT
Seeks to Have This Statement Elk.
cluded from the Testimony.
jsTATE GAINS TWO LEGAL POINTS
Trial stili Attracts Large Crowd
and Fashionable Women Brush
Elbows with shady Female
Characters,

Mrs Abbie Rice will be allowed tbs
morning to tell the jury In the Davis
murder case that Dr. Rustin told her he
had secured Charles Davis to shoot him.
The admission of this evidence by Judge
Sears is the outcome of two legal VIZ
tories won by County Attorney English
and Deputy County Attorney Elck at
the close Of the principal fight TO come up
In the case over the admission Of evil
denCe. Attorneys Gurley and Woodrough
fought hard to keep out this evidence and
the arguments took up most of the time Of
the court yesterday.
The first point was raised when County
Attorney English questioned Mrs. Rice as
to the change which took place in Dr.
Rustlns demeanor the last month before
his death. The defense objected to his
point and the argument began at II o'clock
and lasted two hours, Judge Sears admit
ting the evidence During this argument
the general admissbity of statements
made by DR.. Rustin to Mrs. Rice was
argued, but the main question as to
whether MS. Rice could relate the con-
versation In which DR.. Rustin told her
Davis was to kill him was not passed on.
vital Point Is Reuched.
About $3.50 in the afternoon this point
in her testimony was reached and the de-
fense renewed their objections After an
hours argument Judge Sears announced
he would admit the testimony and an ad-
jolrnment was taken without recalling
Mrs. Rice to the stand 1t was expected
she would be on the stand most Of the
day Friday.
Court convened at 1880 and II required
an hour for Deputy County Attorney
Ellick, Mr.. Gurey and MIR. English to
! finish their arguments. Judge Sears inn
mediately Overruled the objection to the
questions tending TO show DR.. Rustns
trend of mind toward suicide during the
month preceding his death. The jury was
| then brought into the court room and Mrs.
Rice resumed her testimony.
The question as to whether there was "a
change in the demeanor of DR.. Rustin
during the last month of his life was. read
ito her.
Yes" she replied, "there was change
| in his mind. He was despondent"
She said he drank more than usual con-
suming about two flasks of whisky a day.
AT that time did he introduce the sub
ject of his death?"
Yes"
What did he have to say?"
He said he wanted to have his life
taken"
why did he want to have his life
taken?"
He wanted to provide for his wife and
children by his life insurance"
What did he say?"
Wanted Me to shoot Him.
He said he wanted me to shoot him"
Did he tell you how much life insu! ance
he carried?"
! "I understood he had about 100000"
Mrs. Rice said DR.. Rustin talked to her
frequently about his death and he said
! he wanted to be shot in his office some
night. She said he wanted her to shoot
him.
what did you say?"
81 promised to do he wanted me to-"
She said Dr. Rustin talked TO her about
his debts, especially a not due at the First
National bank about September !. His
mother was on the note with him. She
said he purchased a revolver while they
were living at the Loyal hotel a little
more than a week before his death.
What did he say he was going to do
with the gun?"
He said 1t was the gun he was going
to use to kill himself with"
ITO kin himself with?" asked County At
torney English, quickly, and with a note
Of surprise in his voice.
For me to kill him WITH" the witness
corrected herself
This brought Attorney Gurley to his feet.
GurIey la WrOth.
| Il say 1t is the grossest misconduct on
the part of the county attorney to put
words into the mouth of the witness"
This brought a retort from Mr.. English.
but the court ordered them to proceed
with the examination.
Mrs Rice recounted the arrangements
for the shooting, which was to take place
the next night in the doctors office In the
Paxton block after most of the people had
left the building and while a was pass
ing the building. This plan miscarried be-
cause Mrs Rice picked pin out Of the
side of the revolver and broke It. The next
day being Sunday they could not have the
gun repaired.
Here Mr.. English produced revolver,
which the witness said looked like the ono
she had broken and which they exchanged
for another at a pawnshop in Counci
Bluffs. She said Dr. Rustin was very des-
pondent during the next few days and said
the end must come sooner than he ex-
pected.
I'VE left the Loyal hotel Wednesday or
Thursday" said Mrs. Rice.
She said she was requested to leave be-
cause Of her relations with DR.. Rustin
They then went to the Milard and talked
about getting the gun fixed Friday they
went TO Council Bluffs 10 have the re-
volver repaired. They met later in the
evening by appointment at Seventeenth and
Webster and went to Dr. Rustin's office
for the purpose Of carrying out the plan TO
shoot him.
To Go Out TO His Home.
Then we decided" she continued. that
4, We couldn't do II there We determined to
go out 10 his home, so l could get away
better"
, She said Dr. Rustin gave her a cartridge
which she was to place I'm the gun after
shooting him. She was then to shoot her
self only one empty shell being found IN
. the gun suspicion would be disarmed. They
then went out to Fortieth and FNArnAm and
Or. Rustin decided to 20 n his home ths