Omaha daily bee., 1908-09-10

cars stopped, whch Is about l;5o, ! think,
said AR. Black.
No one who saw Him.
But the police could produce no one who
saw Mr.. Davis, though he says he walked
the entire distance from Forty-sixth and
Farnam TO his rooms at Thirteenth and
Douglas-and not a single person saw him,
not n patrolman nor a night Waterman, in
the walk OF three miles
"well. is this satisfactory" the county
attorney asked Juror selby.
This is not satisfactory. but I-guess It
il all we can GET replied the Juror, and
the county attorney said he had no more
testimony to offer. The jurors filed out.
1t was at Mr.. selby's request that Mrs.
Abbie Rice was recalled to the stand
Wednesday morning to give additional tes-
timony about Charles r. Davis and his
relations to DIR. Rustin on the night preced-
ing the morning OF the tragedy.
How many times did you meet Davis In
DR.. Rustln's office or see him there Tues
day afternoon, September H. asked Mr..
selby.
"Three times, I believe"
when did he last come to the officer
About s o'clock or a little after
was this by appointment"
"Dr. Rustin told me he had an appoint
ment with Davis and said he was the man
who was going to kill him."
Ibid he tell you the plans in detail for
the shooting which he said Davis was
to dor
To shoot Him at Home. -
-'He said Davis was to shoot him near his
home"
Then what was Davis to DOR
-- l. - IA - A - 80.
himself"
once2'
''Th doctor talked about it all evening. -
was the meeting in the office to com
plete the plans for the shooting?"
THAT Is what l was told"
Ibid Dr.. Rustin say why Davis had
agreed to kill him?"
Yes, he said Davis wanted to die and
had been trying to kill himself and since
the man wanted to die anyway, he thought
he could get him to do IT,"
what was Davis to receive for the job?'
1.-THE poison with which to take his own
life"
Did DR.. Rustin tell you what Davis
was to do with the gum"
NO, he simply said he was to get way
with it so the police would never find 1t.
The Rice woman said that while she was
talking with DR.. Rustin between Thirty.
ninth and Fortieth streets on Farnam, they
saw a man who looked like Davis standine
at the corner Of Fortieth and Farnan
streets. This was at 11:20 o'clock" sht
said. 1T thought the man waiting at the
corner was Davis, though l am not sure
and DR.. Rustin said it was Davis as W,
stood looking at him."
About That Check.
Mr.. selby then asked the Rice woman
about the $500 check which was found II
her possession after DR.. Rustin's death
She said:
HE gave me the check in his office Tues
day evening, but dated 1t back to Angus
%, so after he was dead II presented tn,
check for payment, people would not know
he had given it to me the night before h,
died"
She added that 1t made no difference t.
her when she heard Clara Gleason hat
thrown the check in a sewer. after tear
ing 1t up.
"why did you want to kill yourself?'
Mr.. Sclhy asked the woman
Because l was tired of living"
Did DR.. Rustin give you poison?'
HE gave me two small bottles OF NOR
rhine several days previous to Septembe
/, and then some morphine and aconit
TUESDAY when we were 'at the office! II
told me I might take the poison II l wante,
TO die after Davis had shot him
where did you get the two So bills foun,
in your possession?'
"Dr Rustin gave them to me, one in tn
office when he gave me the check an
one at Thirty-eighth and Farnam street
before we parted for the last time"
What did he say the money was for?
ITO help me along until l got the chez
cashed."
The first witness OF the morning wa
Hymen Goldstein, who said he conducted
Joan office, commonly known as a paw
shop. at 1915 Douglas street and handle
firearms. He identified photographs c
> DR.. Rustin as those shown him by officer
. and said that a man who came into HI
r store about seventeen days ago and wante
1 to buy a short-barrcled Colt revolver, II
sembled the pictures. Chief Of Police Dor
ahue swore they were pictures of DR.. Ru!
tin and good Ikenesses Of him.
Mrs. Rice Identified.
Then witnesses were introduced to prov
the Rice woman came down town betol
midnight and remained at the Gleason n
sort all night.
A. w. Larson. 46 North Twenty-thiI
street, foreman at the Harvey street barr
of the Omaha and Council Bluffs Sire
Railway company, said he took the ear
Fortieth and Farnam streets at 11;20 la
Tuesday night and identified the Ri,
woman as the woman who got on the san
car at the same place.
C. II. Onstot. col South Tn 'rty-thiId str {
was the conductor on the car on whiC
Mrs. Rice came down town. He said h
face looked familiar, but he could n
swear that she was the woman who &
on at Fortieth and Farnam streets. +
remembered a woman getting on the CO
He said she got off east of 81
teenth street when the car reached Il
city.
Mrs. Rice at Gleason Place.
Stella Jones. colored maid at the G!easC
place, said Mrs. Rice came into the hou
between IL and II o'clock Tuesday Nigh
as she opened the door for her. A fe
minutes later the Rice woman came dow
stairs in her nightgown and called up Il
Rustin home. The colored maid said 4
woman called again at l o'clock and su
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