Omaha daily bee., 1908-12-08
new WITNESS IN DAVIS CASE
Woman Testifies She Saw Abbie Rice
on Morning of Murder.
sE RESTS IT'S CASE
County VIII Present More Evidence
This Morning and the Argu-
ments VIII Then BE
Begun by Noon.


producing a witness who swore she had |
seen Mrs. Abbie Rice, the states star wit |
ness at the corner Of Sixteenth and Far
nam street about o'clock on the morning
OF the murder. Mrs. Rice. according to
the witness, was excited and bought pa |
pers from the newsboys and read them
hurridly.
The evidence which neither of the de- |
fendants attorneys knew anything about
until shortly before court convened was
offered to impeach Mrs. Rice's testimony
that she was in bed at Clara Gleason's 8
rooming house at that time and to support
one OF the two theories of the defense that
the evidence against Mrs Rice is as strong
as that against Davis. The offering OF
the witness upset the previous plan to
complete the taking of testimony Monday
for when the defense rested at 4:l0 In the
afternoon, County Attorney English asked
that the case go over until morning In
order that he might look up rebuttal tes-
timony At his request Judge Sears ad-
journed court at once. Mr.. English Will
devote an hour or two this morning TO re-
buttal and then the arguments Will begin
The addresses of the attorneys will prob
ably not be finished until some time
Wednesday.
Charles F. Davis. the defendant did
not go on the stand in his own behalf,
much to the chagrin of many of the spec
tators, who had gathered In the hopes OF
hearing him tell the story of his attempted
suicide the night of the murder. His story
as told at the coroner's inquest Is In the
record, however, as County Attorney Eng
lish had It read to the jury part Of the
states evidence.
Says She Saw Mrs. Rice.
Mrs Eta L. Allen. 2236 Farnam street.
was the witness for the defense who gave
the unexpected evidence. She appeared
very nervous on the witness stand. but
stood ND we'll under a searching cross-eX-
animation by County Attorney English.
Mrs. Allen said on the morning OF Sep
! tember 2. she arrived in Omaha from Lin
| coin on a Rock Island train which reaches
| here at o'clock In the morning. She
| took the "Only Way" cab for her home
but stopped at the Withnell building at
Fifteenth and Harvey streets to give
message to Mrs. Lovett, dressmaker
who lives there. Mrs. Allen said she had
| taken some goods belonging to Mrs. Lovett
| to Lincoln to sell and wanted to tell her
about her success before she went home
as Mrs. Lovett was to leave for Lincoln
at O'Clock the same morning. She says
| she remained with Mrs. Lovett about half
| an hour, and shortly before o'clock
started to walk home on Farnam street.
| At Sixteenth and Farnam streets. she says
she saw two newsboys. She saw a woman
walk up to the newsboys and speak to
! them One of the boys replied, II carry
a route" The woman secured papers and
walked over to where a light was shining
and stopped and glanced over the papers.
She said the woman was dressed in dark
skirt, light shirt waist and dark hat.
Had you ever seen the woman before?"
Mr.. Gurley asked her.
Eyes, 1 had seen her several times"
"was she alone when you saw her?"
'T had seen her with DR.. Rustin."
"Who was that woman?"
Mrs. Abbie Rice"
Knew DIR. Rustin.
Mrs. Allen said she had become ac-
quainted with DR.. Rustin by sight, when
| he was using the same reception room as
DR.. Pollard. who was her family physician.
On cross-examination she detailed four
times when she said she saw DIR. Rustin
and Abbie Rice together. either walking
on the street or in street car. She said
at that time and until after the murder
she supposed the woman was Mrs. Rustin.
When she went home she said her hus-
| Ddlu dSheu ntT IL size was not AFRAID TO
be on the streets alone at that hour of
the morning.
There were good many people on the
street." she testified she had told her hus-
band, II saw Mrs. Rustln."
The next morning she heard the news
boys crying an extra paper telling about
the suicide" of DIR. Rustin and she says
she remarked to Mrs. Anderson, a neigh
Dor:
THAT explains It. saw Mrs Rustin this
morning and she looked like she was
frantic"
She explained she had never told the
police about the incident for fear OF being
drawn into the case. She did not learn.
J she said, that the woman she saw was Mrs
Rice instead Of Mrs, Rustin until she saw
the pictures of the two published in the
papers several days later Her first in
tention, she said, was not to report the
incident to anyone interested in the case
but later some friends advised her to.
Advised to Tell story.
! WHO were the friends who asked you
to be witness?' asked Mr.. English Mrs
Allen hesitated and then said she did not
want to tell. Mr.. English appealed to the
court and he directed the witness TO an
swer She said one of the friends was Mrs
and Farnam, and her son, Frank Mayes
She said she told Deputy County Attorney
Magney about the incident the first week
the grand jury was In session. Mr. Magney
had been her attorney In some litigation
1t was at the instance OF her son that she
went to Attorney Gurley's office during the
noon recess Monday and told him the story
She said she had been called up over the
Independent telephone by people she did
not know and advised not to say anything
Once she said a man with a gruff voice
called her up and said: II think you are a
big bag Of hot air and you had better
keep your nose out OF this"
Mathews Saw Man.
DIR. ]. e. Mathews. who has recently been
disqualified from practicing medicine by
the State Board Of Health. the action of
the board having been affirmed by the
supreme court at Its last sitting offered
some testimony intended to explain DIR.
} Lords statement he saw a man answering
the description Of Charles Davis walking
! east on Farnam that morning. DIR. Math-