The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-09-09
NAMES THE man.
Mrs. Rice Points Out the Slayer
of DR.. Rustin.
She Promised to Kill Him But
Her Nerve Failed.
DATES SET.
But She Always Broke Down at
Critical Moment.
His Desire Was to Save His Life
insurance.
SEVERAL DATES SET.

quest into the death Of DR.. Fredrick
II. Rustin, whose tragic death at the
door of his home in this city has Civ
en- the police department one of the
knottiest problems it ever undertook
to solve has developed several sensa-
tions.
The first was the testimony of Mrs.
Abbie Rice, the woman who was last
known to be in DR.. Rustin's company
on the night of his death. She declar-
ed for some time DR.. Rustin had been
talking of committing sdicide, but that
he wished to disguise the act so as to
protect his life insurance for the bene-
mt of his family. After much impor-
tuning, he induced her to promise to
Kill him and then take her own life.
Arrangements to this end were made
for Friday night, August 2S, but her
nerve failed her. On Tuesday night
following, Rustin pointed out to her
on the street car a man who, he said,
mad promised to do the deed, saying
that it would be done that night.
Later she identified Charles E. Da-
Wis, clerk in a local bank and a
member of a prominent family, as the
man referred to by DR.. Rustin.
Davis was placed on the stand and
testified that he attempted to commit
suicide on the night in question by
taking drugs furnished him by Dr.
Rustin, Dut denied that he promised
to kill the doctor or that he had any
thing to do with the latter's death. He
said the drugs taken made him sick
and he vomited, thus saving his life.
He gave no special reason for wishing
to end his life, except that he had no
desire to live. He said he had made
previous attempts at suicide.
Davis has not been arrested.
Mrs. Rice in her testimony said DIR.
Rustin first asked her to kill him
about two weeks ago and finally she
consented and agreed to shoot her
self afterwards. She said:
81 was to shoot him in his office. He
wanted me to shoot him through the
abdomen so his family could get his
insurance money. He thought he could
trust me. He wanted me to give him
tyo or three days to settle his business
affairs before killing him.
Il hardly knew what to say When he
said that he wanted it done Sunday
at his office. (That was August 3d.
He thought the noise of the cars would
drown the noise of any revolver shot" "
Mrs. Rice said Rustin then said she
could kill herself. She said a cunning
scheme to avoid her suicide being con-
nected with his murder had been
broached by the doctor. She was to
shoot him through the abdomen. She
was to remove the empty cartridge and
dispose of it, Then she was to take
the revolver away with her, reload 1t
and kill herself. In that way only one
empty shell-not two-would be found
when she died by her own hand and his
death and hers could not be connected
TO bring shame and humiliation upon
his family. DR.. Rustin had bought
revolver at a pawn shop, but had no
ammunition. The woman said she
bought some cartridges. but in trying
to load the revolver Saturday night
she got it out of order so that the
killing could not be carried out on
Saturday night, as planned.
The following Friday night she ac-
companied DR.. Rustin to his office and
he loaded the pistol and asked her to
shoot him.
.sT lost nv nerve and backed out,
said Mrs Rice. This made DR.. Rustin
very angry and they debated the muir
der and suicide scheme for some time,
finally agreeing to go to his home and
commit the double tragedy in his barn.
Rustin told her it would make 1T look
like he had been murdered by some
burglar or footpaos IL ne WAS snot III
He was to go in the barn and let me
in the back way He gave me the gun
and 1 walked up to the alley back of
house lille he went In the front
door of the house intending to go out
happened Friday August Is. While
was at the alley some one drove along
and l lost my nerve again and went
back to Farnam street. L walked east
on Farnam to get away from him and
waited on the next corner for car.
DR.. Rustin was on that very car ac-
cording to the woman's statement. She
said Rustin was very angry at her de-
sertion and insisted on her coming
back to his place.
1--WE walked back to Forty-first
street and 1 went around the back way
through the alley again to the barn."
said Mrs. Rice. She said she was let in
the barn through a sliding dor.
He stepped away from me and then
said: Now shoot me-" declared the
woman. without raising her voice or
without a sign OF emotion. She said
he got away so there would be no
nowder stains on his clothes-that he
had carefully planed that detail
against detection.
4 broke down again and refused to
shoot" said Mrs. Rice. He was very
anprv and threatened to kill me and
himself both together there in the barn.
7 insisted on going back down town.
He telephoned for a carriage to take
us down.
Tuesday. She said:
ssHe told me that he had found some
one else to kill him and that 1 would
not have to do it. A man was coming
Who was going to kill him-a man by
the name of Charley Davis. 1 was in
troduced to him. They met at his Of
flee again that evening.
.Fe was very much depressed" said
she His man came in about O'Clock
and / left the office and went to call
him up.
Mrs. Rice said Mr.. Davis was to kill
him (Rustin) and that Davis would be
1G-T~- 4r..F7
paws would use to kill himself.
Davis-s Story
Charles z. Davis eorroborated, to a
large extent. the testimony given by