Omaha daily bee., 1908-12-02

English was making his statement, Mrs.
Rustin arrived in company with Forrest
Richardson, a friend Of the family. They
were ushered into the judges private Of
flee and the door was closed. so that Mrs.
Rustin did not hear any of the proceed
ings. A little later Miss Hannah Dineen,
the servant in the Rustin home, also a
witness, was admitted to the private Of
flee.
The time Of securing the fury was short
ened by the defendants attorneys, who
waived three or four peremptory chal-
lenges they had left when the morning
session began. Michael Morrissey was the
first man called to the jury box and he
was passed by both sides. Louis Swoboda,
a cigar and pool hall keeper at Fifteenth
and William, was called and excused for
cause for the reason he had an opinion.
George F. Munroe, a contractor living at
1918 Chicago street, was the next Juror
called and he said he had no fixed opinion,
though he had had several during the
progress of the case. The defendant
waived the next p~eremptory, but County
Attorney English exercised his and Henry
Jensen, 1244 South Third street, the last
name in the box was drawn. He was ex-
cused because no had formed an opinion
and Judge Sears ordered Sheriff Bradley to
bring in five talesmen.
George d. Evans. the first salesman 10
report was accepted by both sides and the
work Of selecting the jury which had
lasted almost a day and a half was over.
The jury was sworn and County Attorney
English at once began his opening state.
ment of what the state expected to prove.
English states His Case. n
Mr.. English reviewed the evidence by
which he expected to prove the guilt of
Charles e. Davis, in a dispassionate man
ner with no flights of oratory to embellish
it. He went over the case step by step
r~etelling the stories of Mrs. Archer, Mrs.
Rustin, the servant girl and the startling
evidence of Mrs. Abbie Rice, probably the
strangest story ever told in a court of
justice. He laid emphasis on that part
of Mrs. Rustin's story in which she said
her husband, as he lay dying, said to her:
"a man shot me-
1T will appear" he continued. that
DR.. Rustin was heavily involved through
drink and inattention to business, and his
practice had dwindled to almost nothing.
But he carried heavy life insurance In
favor Of his wife and children. A month
before his death to Mrs. Abbie Rice, he
disclosed a plan he had involving his life
and a scheme by which he would be re-
moved from the world and his family
could realize on his insurance.
He told her suicide was Impractical, as
It would invalidate his insurance and his
life must be taken by the hand OF another.
He set forth a plan by which he proposed
to have his life taken by Abbie Rice. lie
argued with her, influenced her and APP
pealed to her love for him to induce her to
enter into the plan and told her they must
make the sacrifice for the benefit of his
wife and children"
brings In Charles Davis.
The county attorney then reviewed the
: conversations about the shooting and the
three attempts he had made to have Mr..
Rice shoot him, at each Of which times
Mrs. Rice weakened. He then told Of the
conference in DR.. Rustin's office in which
Mrs. Rice would testify DIR. Rustin told her
he had secured Charles r. Davis TO shoot
him in return for drugs he was to furnish
Davis in order that Davis might take his
own life.
The state will contend" he said, that
the man seen by DR.. Lord at ThiTty-fifth
and Farnam streets shortly after DIR
Rustin was found was Charles r. Davis
He also said other testimony would bt
introduced to show a man answering Davis
description had been seen in the neighbor
hood Of the tragedy.
Mr.. English's statement disclosed NJ
evidence which has not already been giver
by witnesses either before the coroner
jury or at the preliminary hearing in polio,
court.