The San Francisco call., 1908-09-26
THR|LLSCOURT
WITH STORY OF
DEATH COMPACT
Mrs. Abbie Rice Takes Witness
Stand and Graphically Tells
OF Suicide Agreement
Relates How DR.. Rustin Up-
braided Her for Losing Nerve
at Crucial Moment
Identifies Davis as Man Who la
tervieWed Physician on
Night OF Shooting

OMAHA, Neb., Sept. 2s.-Antici-
pating that Mrs. Abbie Rice would
take the stand in the preliminary
hearing of Charles Edward Davis,
charged with the murder, on the
morning of September 2, of DR.. Fred
erick Rustin, Judge Crawford's court
room at the police skation was again
crowded to the limit when court
opened this morning.
Mrs. Rice was noticeably nervous
when she took the stand, but she
soon regained her composure and told
her remarkable story in clear voice
The courtroom was very quiet during
the dramatic recital and every one
present listened eagerly. Mrs Rice
told how. at II. she had married Try
ing Rice, a private in the regular
army. in 1896 She followed him when
he went with his regiment to Cuba,
lived with him but a short time, re-
turning to her home in Des Moines.
and then coming to Omaha In Omaha,
unable TO secure employment, she en-
tered a resort on lower Douglass
street. where she soon became Il. Dr.
Rustin was called to attend a. - De-
cenber % and had her removed to
Clarkson hospital, where he performed
two operations. Her acquaintance with
the physician dated from that time
and soon after she was able 10 leave
the hospital she went to live at the
Grand hotel in Council Bluffs.
TAUGHT HER NURSING
There. she said. Rustin saw her daily.
He taught her the art of nursing sick
patients and often took her with him
on his trips to the country to perform
operations. During this time she
learned 10 administer anaesthetics and
assist the physician. She remained IN
Council Bluffs two months and then
secured a suite OF rooms in Omaha,
where she lived two months, finally re-
moving to the Loyal hotel
Ittwas while she lived at the Loyal
that the suicide pact was first broached
TO her by Dr. Rustin. Mrs. Rice then
went into details OF how, on three diff
ferent occasions. she brought herself
to the point of taking the physician s
life At his request. but at the last mo-
ment lost heart and refused She told
of going to his office on the night of
August 2S and making every prepara-
ton TO shoot the physician and saying
TO him.
Fred I can't do it; / can't hurt you"
Then he upbraided her for her weak
ness and they planned to carry out the
shooting at the barn in the rear of
his home. Thrice the plan was made
for enacting this tragedy in the barn,
and in each instance she failed to retain
her nerve.
BECAME ANGRY WITH HER
-He was very angry at me and
eatended 10 kill himself and me in
the barn. said Mrs Rice. -'and / think
would have done so IL l had not had
possession of the revolver
Al fourth time he tried to persuade
her to shoot him after returning TO his
Office downtown al o'clock that morn
ing. but she steadfastly declined She
admitted that she had acquiesced in
each instance and only weakened at the
crucial moment
She then identified revolver which
had been originally purchased by Rus
tin to carry out The tragedy. She said
she had broken it trying TO load the
chambers and had traded it to a pawn
broker for another. The revolver was
pawn shop
TOLD OF DAVIS. CALLS
The witness then told of Charles E.
Davis calls at Rustins office. She told
of seeing him there and being at the
office the evening before DR.. Rustin
was shot.
II sat in the consultation room and
Charley Davis was in the other office >
said the witness. and Dr. Rustin sent
into the room where Davis was, to have
talk with him.
She then identified the accused man
as the man she saw that night at Rus
tins Office
When DR.. Rustin returned from the
other room what was said with refer
ence. to Davis? inquired the county
sattorney.
Here counsel. for the defense OBJ
jected on the grounds of hearsay evil
dence.