Omaha daily bee., 1908-12-04

lection and the argument began which
lasted for an hour. In reply to this ques-
ton Mrs. Rice will relate that DR.. Rustln
told her he would release her from her
agreement to shoot him as he had secured
Charley Davis to do It. The man in the
next room, according to the theory of the
state, was Charley Davis. the defendant.
After Judge Sears had decided to admit
the answer to the last question court ad-
journed until morning.
Many Women Mt Trial.
The largest crowd since the trial started
filled the court room almost to overlooking.
1t is estimated 500 people we're in the room
when Mrs. Rice went on the stand about
1890 o'clock. The number of women had
increased, and modestly dressed women
from well-to-do homes rub elbows with col
ored servants from resorts in the prescribed
district in efforts to gain positions where
they can hear the witnesses. More than
100 women were in the court room during
the forenoon. One of the spectators was
County Attorney wheland of Holt county.
Dean Beecher of Trinity cathedral, Rev. T.
]. Mackey and Canon r. r. H.. Bell were
also in the audience. >
Mrs. Rice Is the eighteenth witness of
the thirty or more County Attorney Eng
lish will call to the stand. with the time
taken out for the arguments by the law
yers it is believed It will take all of Thurs
day and most of Friday to finish her evil
dence.
Court was late in starting and it was
almost 10 o'clock when Don Moon, ambu-
lance driver for Bradley & Dorrance, was
called to the stand. He merely testified
as he was driving to DIR, Rustin's home
about 4;30 o'clock he saw a man walking
east on Farnam near Twenty-eighth. This
Is supposed to be the same man seen by
DR.. Lord. F. j. Stack, who was with
Moon, also testified to seeing the man
and described him as being five feet,
seven or eight inches in height, of portly
build, with dark clothes. He was walking
slowly down the street.
Frank e. Salyards. a night Waterman,
said he saw DR.. Rustin cross the intersec-
ton OF Fortieth and Farnam streets, going
west, about 1880 that night. About l
o'clock. he said on cross-examination, he
passed near the porch of the Rustin home
and saw no one on the porch. Salyards
will be recalled by the defense to show
that no one was on the porch when he
passed.
AbbIe Rice ia Called.
When County Attorney English called
the name "Abbie Rice a ripple of sup
pressed excitement passed over the
audience, and man and women craned their
necks to see the star witness of the state.
Mrs. Rice was dressed in a neat blue
suit, with a new hat, adorned with a large
blue bow. Her veil was drawn over her
face. When she testified she spoke in "A
low tone,
From the very first it was apparent the
defense was prepared to contest every point
on the admission of her testimony. d.
~jections were made even before the exami-
nation came down TO where she met DR..
Rustin. A part of her life history before
she came to Omaha was ruled out by the
court as immaterial.
Mrs. Rice detailed the story Of meeting
DR.. Rustin at Grace Walton's resort De-
cember 20, when he attended her at two
operations at Clarkson hospital, OF their
taking a room at the Grand hotel in Coun-
ell Bluffs, then at ia South Sixteenth
street until about the middle of August,
then at the Loyal hotel. She said from
May l she saw DR.. Rustin almost every
day and that he spent most of the nights
with her. She said he was seldom in his
office and the more she knew him the
more he drank. Most Of her answers were
admitted over objections and when County
Attorney English began to quiz her as to
DR.. Rustin's financial condition the objec-
lions were renewed and for a time 1t ap-
peared as II the main fight would be par
ticipated.
Objection ~ Sustained.
Judge Sears sustained the objections of
Mr.. ourley to her telling ahat DR.. Rustin
said to her about his financial condition
and she was held down to what she ac-
tually saw Of his want of money.
"What do you know outside of any stale
ment OF his about his having money!"
asked Mr.. English.
This brought out another objection which
the court overIuled.