The Birmingham age-herald., 1908-12-04
Mrs. Abbie Rice Tells of Dr.
 RuSin'S Attempts b Die
WOMAN TOO WEAK ID KILL
On the Witness Stand Mrs. Rice Re lates Her Relations With Dr. Rus tin and Tells of His Efforts
 To Make Her Kill Him.

Omaha, December 3.-The evidence given today by Mrs. Abbie B. Rice, and the various efforts of counsel for the defense to exclude that part of it con- meeting Charles E. Davis. the defend ant. with the killing of Dr. Rustin. were the features of the trial of Davis for the murder of the physician on the morning of September ?.
 Mrs. Rice's recital of the story of her relations with the dead surgeon was not less dramatic than on the two former occasions when she had been asked to give the details of an alleged pact to destroy three lives. Twice dur ing the day witness and jury were dis missed while counsel argued points of law as to the admisslbillty of different portions of her evidence and in each instance. the state scored victory By a ruling made on the last point raised the bars are let down for the hearing of Mrs Rice's entire story. which will include that part wherein pr. Rustin is alleged to have told her he had secured Davis 10 kin him.
 Mrs. Bices evidence was given in a clear voice and With good memory for details. Mrs Rice had reached the point where Davis was brought into her story when she was excused for the day.
 The defendant sat near his attorney listening attentively to the proceed ings and on his right were his two brothers. one of whom, Frederick IT. Davis, is vice president of the First National hank, and the other, Latham | vfff at
 Revolver Broken.
 Mrs Rice recounted conversation during which she told of L,r. Rustin telling of the state of his finances. A revolver was purchased shortly after tliis conversation and pr. Rustin first planned to have her shoot him at his office.
 : Mrs. Ftine broke the revolver The plan to have the shooting done al the office was abandoned on the Thursday preceding the doctors death and 1t was then decided, she said. to carry out the shooting at his home. Mrs. Rice then placed a loaded cart ridge in her pocket which was to re- place tho empty cartridge after the shooting.
 Mrs. Rice said Tt was to take my own life and we decided that if all the ca srtridges found in the revolver wore | shooting.
 We then went to the doctors home and he went to the barn. l was to have gone to the rear of the barn but a. wagon passed and I became tirnid and walked down Fafnam street a few blocks and waited for car. When the car came along and stopped for me, Dr. Rustin stepped off He scolded me and took me back to the barn. He was angry and insisted on me shooting him right there. He told me to step back some distance so powder marks would not be shown on his clothing. He in- structed me to shoot him in the ab- domen. saying he would then live a few days and be able to settle up his af- fairs. 1 said:
 "F'red, can't do 1t; l cant harm you"
 He was very angry and we walked for some time and returned to hls of flee down town"
 Planning To Die.
 Her evidence then showed that the doctor and herself then went to a room ing house where they remained that night and the next day. They spent most of their time there for the next two days. A discussion of the plan whereby she was to take his life continued in- termittently until Tuesday.
 That evening the doctor went to his office, she following a few minutes later.
 'FIis mother was there" said Mrs. Rice. with her eyes moistened. It was with an effort that she restrained her tears as the state attorney continued his rapid fire of questions
 Mrs Rice said she left the office and returned later. Some man was in the private office, she testified, and Dr. Rustin came to her in the reception room
 What did he say to your asked MT. English
 Objection was made to this question and argument followed
 It was at this point the prosecution proposed to bring the name of Charles E. Davis into the case for the first time
 Judge Sears overruled the objection. thus opening the way for the state to get before the jury the story of Mrs. Rice of what Rustn is alleged to have told her regarding his pact with Davis. Ii was time for adjournment when the arguments were concluded and Mrs. Rice was not examined further.