Omaha daily bee., 1908-09-30
DAVIS Is HELD FOR MURDER
Continued from First Page.)

NllC oAeISAlNhNt " AbblS Nv SoAN AhAH
English. The woman had agreed to
shoot the physician on his order, but four
times she failed and the physician saw it
was no use to depend on her. Just at
that time Davis appeafed-another waif.
who was cast into his hands almost by
fortune. He was and is a mani who has
no use for life and places no value on it.
DR.. Rustin saw his opportunity. Davis
entered-and there is nothing to show
that he ever withdrew.
Out on the hill of west Farnam Davis
went that night. He took a Dundee car
"a car which went through to that sub
! urb, but-strange-he got off at Fortieth
and Farnam streets, where DIR. Rustin
was due in just the time necessary for
him to walk there with the Rice woman.
Davis said he went there to take his own
life. But did h ego about seeking to de-
troy himseff: No; he says he ak
around awhile, He walked around just
long enough to wait for DR.. Rustin, and
he must Have met him out. there.
walking around in the nelghborhood Of
the physician who wanted to have himself
killed. walking around out there loaded
with 100 grains of morphine and a bottle of
aconite looking for death, he stood on the
corner of Fortieth and Farnam streets
smoking a cigar,
TeII-TaIe Cigar stubs.
"And that cigar, =" said Mr.. English with a
sctart. THAT telltale cigar. The stub OF
it was found on DIT. Rustln's porch the next
morning. together with the stub of an.
other cigar which the physician had cvi.
IDENTITY smokejd-and more-more-two OF
the morphine tablets which DR.. Rustir
bought for Davis at the Sherman & Nc.
/ Tnpna1 drug cfnra aoa ua "a ia na,.ig
9TH defendant says he never saw DR.
Rustin after he took the street, car to &c
west on Farnam street and that though
DR.. Rustin had put him on the car, he
did not believe the physician knew why he
took a westbound car"
The county attorney told the court thai
the hearing was not a trial at which tn,
Judge was supposed to decide whether the
defendant was guilty or not beyond a reas
enable doubt, but simply whether enough
evidence had been secured to show that tn,
defendant should go before a jury ant
stand trial. Mr.. English defended the Rice
woman and her testimony, saying that Mr.
Gurley had sought to discredit her story
so frank and so many details corobborated
simply because smhe was a fallen woman
"Why, he even brings her sister into Il
and would have the court discredit hci
testimony because her sister brought heI
to Omaha and placed her in a resort. Ger
tainly that misfortune for this nineteeI
year old girl, IL no reason why her testl
mony should be thrown out in this case
The county attorney made some sarcastic
remarks about the abb presented by tn,
defense and the physical impossibility o
Davis disarranging the toilet room at tn,
Chatham hotel. but said the alibi Offered
by Davic was too absurd to seriously con
slider and dismissed it with a word.
GurIey Accuses Mrs. Rice.
That Abbie Rice had the motive and is
person without moral sense, who shot DR.
Frederick T. Rustin on the morning o
September >, and not Charles L. Davis
was the argument of w. f. Gurley, one o
the attorneys for Davis, who went over tn
testimony of the state for two hours Tues
day morning when court opened.
This woman, who four times promised L
shoot the physician, who came - near I
taking his life that all she had 10 do wa
to pull the trigger; this woman who robbie
a trusting wife and children OF a hus
bands and fathers love; this woman VIII
had a check for $500 I'm her possession goo
after DIR. Rustin was dead is the re. so
to whom the strongest suspicion points
said Mr.. Gurley. And when asked il sh
was willing to kill DIT, Rustin. not shown
that her moral sense was offended, re
: piled, 1t was all right with me-
"All right with her; all right with he
TO take a mans life and she gives as
reason that she always did as the doctc
told her to do. Four times she came nea
killing him., but each time her nerve falIe
her. But each time she came a littl
, nearer. until the fourth time she had tn
gun in her hands, the physician ha
stepped back from her in the darkness {
the barn and said. Shoot me, shoot n
now! but her nerve failed her.
what Of the Next TImeF
But she does net dare to-; now nea
she came 10 killing him the next time
h does not dare say there was anothe
time. She says each Of the four time
Or. Rustin told her he must be shot 1
the abdomen so he would not die immed
ately.
And where was he shotg' shouted n
attorney, bringing a powerful fist dow
ON a court room table. Where was d
Rustin shOtT In this abdomen; psf wher