Omaha daily bee., 1908-09-27
WOMAN May NOT NAME DAVIS
Mrs. Rice Allowed Only to Say "A
Man" Was to Do the Shooting.
CRAWFORD RULES WITH DEFENSE
Police judge Holds that witness
Cannot Tell that Rustin Told
Her Davis was TO
XIII Him.

Police Judge Crawford permitted Mrs.
Abbie Rice, chief witness In the Rustin-
Davis murder case, to testify in the prelim-
mary hearing Saturday that DR.. Rustin
told her no had secured a man to kill him.,
but denied the state the risht to allow her
to testify that DR.. Rustin had told her
Charles 4. Davis was TO kill him..
Lines were drawn this close by the court
when the Rice woman took the stand to
finish her story after the court had made
a ruling Friday evening which the state
supposed would permit the woman to tell
all she knew as one of the conspirators
who had the common motive to take the
life OF DR.. Frederick r. Rustin.
But scarcely two questions had been
asked and answered by the woman until
Attorney aprley was on his feet reading |
authorities TO show the court that all the
testimony which a conspirator could give
in reference to co-conspirators must be
declarations in pursuance of the consplr-
scy. After that argument Attorney Gurley
objected to practically every question asked
the Rice woman by the county attorney,
and the court sustained about half of the
objections.
Fight over Fine Point.
Such a battle over fine points Of law and
F0- AA' tAAA
the questions asked. by the county attor-
ney continued all morning end until ad-
journment was taken at 1890 p. m. until
10 o'clock Monday morning.
County Attorney English completed lis
questioning Of the Rice woman, getting IN
h replies he could and pointing out
each time to the court to secure the over
ruling of objections, that the answer would
De either a declaration in pursuance Of the
conspiracy or else that the question was
about some act of the Rice woman. or
that she had seen. BY close watching he
managed to get some important testimony
In. Monday morning she will be put on for
cross-examlnation.
me county attorney was taken by sur
prise when the attorneys for the defense
began arguing that most Of the testimony
to be given by the Rice woman could not
be admitted, and som heat was shown
between the attorneys.
After Mr.. Gurley had made his argyll
ment that a large part of the testimony
could not be admitted, he wound up by this
characteristic plea:
Why go ahead and admit here testimony
mat when the case comes before a jury, IL
1t does, would not be tolerated? Why bind
this man over and force him to a trial
before a jury just to satisfy public cur
losityF What is the use to take 1t to a
hlgher court, just to terminate in a farce?
why put the state to this expense?"
AEREIish IL Sarcastic.
When the county attorney nswer he
opened with some sarcastic remarks about
the common pleas OF criminal LAWYERS.
1T is wonderful sollcitude which the
counse for the defense always shows about
| the finances of fba ctaf. a,d tI> $500.
to the people. But attorneys for the de-
Tense always make this plea"
Mr.. English reminded the court that the
ruling to admit the statements of the Rice
woman as to what DR.. Rustin had told
her about the plans to take his life, was
made with a full understanding as to what
the woman would tell on the stand and he
saw nothing In the objections made by Mr..
Gurley but an attempt to evade or secure in
some way a reversal of the decision of the
court on the question OF admitting the Rice
woman's testimony.
Before the attorneys had concluded their
arguments as to what part Of the tetimony
should be admitted, both Mr.. English and
Mr.. Gurley had spoken at length, as well
as Attorneys Ellick and Woodrough, while
Gurley had cross-questioned Judge Craw-
ford as to what the court thought about
fine point in his legal arguments, what
constituted declarations in pursuance OF a
o0nspiracy,' and other objections which
the defense sought to have sustained. The
questions being fired at Judge Crawford by
Attorneys Gurley and Woodroush caused
considerable amusement among court Of
ficers and police in the room.
Mrs. Rice ON the stand.
When the Rice woman took the stand at
IN a'.11nt. Al. $780, 80
no women attending except four who were
present as witnesses. The Rice woman
was very nervouss but her replies came
thick and fast and the attorneys for the
defense had to move to strike out more
often than to object to the answers being
made. The woman showed a disposition to
get the name OF Charles E. Davis into al
most every answer. When the county at
torney would ask her a question she usually
volunteered a few side lights which gave
the attorneys more ground for argument.
The woman's testimony before the argu-
ments had brought the story to the time of
the closing chapter in the life of DR.. Rus
tin, She was in the physicians office in the
Paxton building Tuesday afternoon, Sep
TENDER l, the evening before the tragedy
and a man came into the office whom she
afterward learned was Davis. DR.. Rustin
sleppcu INTO d vacant room near MS office
and talked with the man. Then he re-
turned to the private office to talk with the
Rice woman.
when DR.. Rustin returned to you in the
private room after being out to consult
this person, was there anthing then said
by him with reference to any change in
his plans with reference to his death p"
asked the prosecutor.
He did"
what did he say?'
You are released from your promise,
as I have a man to kill me-"
did he say who this man WASP"
II was this question which lighted the
fireworks, and the court held that the
woman could not answer the question, az
DR.. Rustin telling her that he had a man
TO kill him and she was released, was "a
declaration in pursuance of the conspir-
acy," and that she was released as a CO.
conspirator from that moment; that for
her to testify as to who the man was could
not be so considered.
That's drawing a line pretty fine" said
the county attorney when the ruling was
made. 1T is pretty fine to allow this
woman to say "a man and deny US the
right to have her say Charles e. Davis.