Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-09-30
DAVIS IS HELD FOR MURDER
Bound Over to District Court on
Charge of Killing Davis
BAIL TEN THOUSAND DOLLARS
Mrs. AbbIe Rice is Detained as n
witness for the state In the
sum of One Thousand
Dollars.

of $4,000 Tuesday afternoon on the charge
of numbering DR.. Frederick T. Rustin
early on the morning of September ., by
Judke Bryce Crawford of the police court
after a preliminary hearing which lasted
four days.
County Attorney English contended that
Davis should not be allowed bail, but
should be sent to Jail others are when
charged with murder in the first degree,
but Judge Crawford decided to set the bond
at $4,000 and it was promptly signed by
f. II. and Latham Davis, brothers of the
accused Mr.. English insisted all through
the hearing that the Davis case should be
and must be conducted the same as any
other case and he fought for this with
Attorney w. f. Gurley on the matter OF
giving a man his liberty on bond, while
awaiting trial for murder in the first de-
gree.
To the mind Of Judge Bryce Crawford the
county attorney presented a chain of evil
| dence, showing that Charles e. Davis was
substituted for Mrs. Rice in the suicide
! pact, which looked to the death of Dr.
| Frederick T. Rustin and the defense
! presented nothing to show that Davis ever
withdrew or that he did not play the part
which the woman had promised to play and
! was excused because fuSIln Sdlu ne udu
secured Davis to take his life.
Judge sums Up Evidence.
In summing up the evidence from many
pages of carefully prepared notes which
Judge Crawford took during the arguments,
the police magistrate said:
Both state and defense agree that .Dr
Frederick T. Rustin came to his death by
some hand other than his own. Rustns
| nN garfp tg1x
contended by the defendant. Experts tes-
tmony indicated the impossibilty Of self
destruction.
"The death occurred, evidently, as Rus
tin had planned namely, that someone must
kill him.
THAT Rustn had attempted to use both
the defendant and the Rice woman to take
his life, is proven in this case The evi-
denoe that he attempted to the de-
fendant is, to my mind very conclusive.
"The Rice woman had attempted to take
| the life of the physician four times-if
there was fifth time she was interrupted
by the appearance i'm the outside office
OF a man and the physician. after talking
with this man, returns and excuses her as
conspirator or in any participation in
the plot.
"Rustin began preparations in n different
way by different party. but IL We find
any evidence that Mr.. Davis had acceded
to his wishes, we have gone long ways
toward finding probable cause for belief
that the defendant was connected with the
homicide.
'"rhe testimony Of Abbe Rice. which con-
meets Davis with the homicide was so
frank that It disarms suspicion as to any
connection she may have had with the
consummation of the tragedy. Her disin-
terested avowal, II we can believe what
she says, excuses her. Her interests were
all the other way.
I'm respect to Mr.. Davis actions on that
night there is nothing but mystery and
concealment, and that he had a motive for
numbering DR.. Rustin, appears in the evil
dence. Every movement of the defendant
which has been admitted, points clearly to
the fact that he acceded to Rustins wishes
and precludes my doing anything else, and
, therefore bind the defendant over to the
district court"
May BE Tried In October.
County Attorney English said it was
more than likely the case will come up at
the October term Of district court.
Attorney w. f. Gurley said, What
have said in my argument is all l have to
say"
CndrleS T.. DAVIS, WIN a StOlCal race anu
a steady hand, signed the $4,000 bond with
, his brothers and left the court room with
; them. His eyes batted as the Judge gave
the decision. which was the only evidence
of interest he has shown in the proceed
ing.
After the bond for Davis was fixed at
, $4,000 against the protest OF the county at
torney, the fixing of bond for Abbie Rice
that he appearance as a witness for the
state might be assured was taken up. The
! county prosecutor went TO the matron's
department and talked with Mrs. Rice She
said she knew she could furnish a bond OF
81 900 and the court fixed this amount all
that would be necessary to hold her.
County Attorney English began his ar
/ gument at 1880 Tuesday afternoon and
talked until 240 when the Ak-sar- Ber
: daylight parade begane to pass the sta
tlon.
: Il can't talk against a brass band lik,
= some other attorneys" remarked the
h county attorney. Perhaps l had better
v wait for a while.
. Davis Views the Parade.
4 1t was a strange scene that followed
b Judge Crawford gave a recess Of hall
an hour. Charles f. Davis slipped into al
overcoat and hurried to the curb stones
10 WlluesS Nle toHllCdl pdldut anu lNe eA
hibition OF Uncle Sans mighty military
D Davis appeared TO enjoy everything, partic
ularly the "Karnival Krew." and members
who passed wearing drectoire gowns ant
70 other lmpossibilities.
3 The county attorney and the four attor
p, neys for the defense stood together on tht
e curb and watched the pageant.
+ Then all returned TO the court room
o where murder hearing was resumed
d where evry face became serious and gloon
r hung over the room like a somber veil
= The county attorney argued that he had
e presented evidence which was a continu
$ Gus chain showing that Charles f. Davi
9 had some plans with DR.. Frederick T
a. Rustin on the night of September ! an,
$ the morning of September ., and that hi,
Il conduct as revealed In his testimony waj
not that OF a patient which simply wen
II TO the office TO get medicine, but that o
a man who had some further business
or plans with the physician which tool
him out 10 the vicinity OF the physician
home. though he lived in the east par
OF the city and II he was an IN man
longing TO get to his home and tske<som
medicine he had no business OUT on was