Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-09-12

strong"
mot guilty" was the plea entered for
Charles Z. Davis in police court Friday
morning by his attorney Isaac E. Cong
don, when the banker was arraigned and
charged with the murder of DR.. Frederick
T. Rustin on the morning of September .,
County Attorney James p. English having
just filed a complaint charging murder In
the first degree
Sergeant whalen was handed warrant
as soon the complaint was filed by the
county attorney and Davis was arrested in
the office of the police clerk on the charge
of murder, having been held since his ar
rest Wednesday evening simply on the
charge of being a suspicious character.
AS the county attorney desired to give
the police department opportunity to Sc
cure additional evidence and make thor
ough investigation of Davis movements
the hearing was set at the suggestion OF
| Chief of Police Donahue for Thursday.
September "a. Davis was released on $1,000
bond, which was signed by his brother, F.
H. Davis. and by himself. Judge Crawford
saying that he believed such bond to ,ps
sufficiently high TO hold the man charged
with first degree murder
Text of Complaint.
This is the complaint read by County At
torney English when Charles e. Davis
stepped to the bar in police court, standing
between his attorneys. Isaac e. Congdon
and w. F, Gurley:
That Charles L. Davis on or about Sep
tember 2 A. ID. 1905, In the county aforesaid
and within the corporate limits of the city
| of Omaha aforesaid, then and there being
in said county, then and there in and
upon one, Frederick Rustin. then and there
being; unlawfully. feloniousy wilfully;
| maliciously, purposely and of deliberate and
premeditatsd malice did make an assault,
with intent him, the said Frederick Rustin,
then and there unlawfully, feloniously, will
| fully, maliciously and purposely and of de-
! liberate and premedtated malice to kill and
murder: and he, the said Charles Il. Davis,
certain pistol then and there loaded and
charged with gunpowder and one leaden
bullet which said pistol he, the said Charles
e. Davis, then and there In his right hand
had and held, then and there unlawfully,
felonously, wifuily, maliciously, purposely
and of deliberate and oremedtated malice
did discharge and shoot off at, to, against
and upon the right side OF the abdomen of
| said Charles e. Davis, with the leaden
bullet aforesaid, out of the pistol aforesaid,
aforesaid. by the said Charles f. Davis
1 discharged and shot off as aforesaid, then
and there unlawfully feloniously, wilfuly,
malciously, purposely and Of his deliberate
and premeditated malice did strike. pene-
trate and wound the said Frederick Rustln,
with the intent aforesaid, then and thereby
!
the right side Of tho abdomen of him, the
said Frederick Rustin, thence through the
abdominal wall and the right lobe OF the
liver, and through the vena cava OF him,
the said Frederick Rustin mortal wound,
of which said mortal wound he, the said
Frederick Rustn on said I'd day OF Septem.
ber 1908, In said county of Douglas and
state of Nebraska died; and the said
Charles T.. Davis, him, the said Frederick
Rustn. with the intent aforesala, , IN s tns
and there unlawfully, feloniously, will
fully maliciousy. purposely and Of his de-
liberate and premeditated malice did XIII
and murder.
Plea OF Not Guilty.
When the county attorney had finished
reading Judge Crawford asked the prisoner
to plead Davis was motionless. Attorney
Congdon said:
1--WE wish to enter plea Of not guilty"
"Are you ready for the hearing?" asked
the court,
1--WE are ready at any time which suits
the convenience Of the county attorney, -
said w. f. Gurley. the other attorney for
Davis.
The county attorney replied:
II desire to fix the date to suit the con-
venience Of necessities of the police depart
ment far enough in the future to give II
time to secure what evidence It can for the
preliminary hearing"
He then called for Chief Donahue. The
chief said:
'T would suggest that the hearing be
held two weeks from yesterday, September
"a, which will give us sufficient time"
This date was agreed upon and the court
asked the attorneys for Davis If they de-
sired TO offer bail and the county attorney
/ II the man could be released on bond with
charge OF first degree murder against
J him Mr.. English REPLIED
) "The charge here is first degree murder
) but the case presents many peculiar fea-
lures. l have filed this according to oul
rule to file the extreme charge in order tc
cover whstever degree or homicide that
may be developed. The constitution Of Ne
p braska permits bail in first degree murder
] except where the evidence and proof are
= absolute at the time Of arrest"
Crawford FHvOrs Small Bond.
When the attorneys for Davis said they
desired to furnish bonds ana were ready
to furnish them in any amount Judge craw
ford said;
Il believe the present bond Of 5000 Il
sufficient to insure the presence OF Davii
at the preliminary hearing. He is her,
this morning
THE bond might be made higher" sait
the county attorney. II would sugSes