Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-09-27
DAVIS IS IMPLICATED
Mrs. Rice Allowed to Tell of
Plan to Shoot Rustin.
DEFENSE EFFORTS IN VAIN
Aconite Bought By Victim on Night
Of Tragedy.
ONE PORTION GIVEN TO WOMAN
Witness Turned Over for Cross-Ex-
animation, But Hearing Post
poned Until Monday.
DEFENSE EFFORTS IN VAIN
me PORTION GIVEN TO WOMAN

OMAHA, Neb., September 26-Follow.
ing legal battle, continued throughout
the giving of her entire testimony Mrs
Abbie B. Rice was today permitted to tell
of the plans between DR.. Frederick Rus
tin and Charles Edward Davis, whereby
Davis was to shoot the physician and then
commit suicide.
Many fine points Of law came up during
the clashes that followed each question
The state finally secured the testimony OF
the witness. with which it hopes to prove
Davis guilty of first-degree murder
The county attorney questioned Mrs
Rice until noon. Then he announced he
would rest for the present
Counsel for the defense was given ar
opportunity to cross-examine Mrs. Rice
This, however, was deferred until Mon.
day, to which time the case was ad-
journed.
Mrs. Rice's Story Told.
Objections were made to nearly halt
the questions put by the county attorney
Many answers were stricken from the
record.
But Mrs. Rice was permitted to say that
DR.. Rustin told her he had arranged
with a man to kill him. She was per-
mitted to identify this man as Davis. the
defendant
The questioning today ELECTED that Mrs
Rice saw Davis in DR.. Rustin's Office
twice on the evening preceding the killing
Taking up her story at this point, Mrs.
Rice was permitted to tell what happened
up to midnight.
She said:
DIR. Rustin told me he had secured a
man to kill him and that l was released
from the duty. He said it was a man
who had several times attempted to take
his own life. The doctor told me he had
arranged to have this man do the shoot
ing on condition that the physician give
him enough poison to take his own life
He said Davis was to come to the
office at o'clock that evening. I left
with the understanding that DR.. Rustin
would meet me shortly on the corner near
his Office.
Il waited for him on the corner. When
DR.. Rustin came l got on street car
going past his home. He got off near the
house. l went on to the end Of the line
and then back downtown.
Met Davis at Office.
by appointment went to DR.. Rustins
Office at o clock and found Davis there
stayed only a short time. The doctor
sent to the drug store for a bottle of
aconite. He poured half OF 1t into another
bottle. giving me one portion and put
ting the other in his pocket.
He then told me to go to the street cor.
ner. where he would meet me shortly.
did SO. He came down the street with
Charles f. Davis. They waited until the
first car came when the doctor put Davis
on the car going west toward his home
and then joined me,
I'VE walked west to within a block OF
his home, the doctor stopping once to
purchase some whisky. We talked OF
his plans with Davis. 1 shuddered a,
every mention Of them, but the doctor
talked freely.
when within two blocks Of DR.. Rus
tins home he babe me goodbye saying
for me to wait awhile. He told me ii
his plans did not work he would soon
join me again.
Il waited quite a while Then I went
downtown to my room at Clara Gleason s
place.
Il called up DIR. Rustin's home repeat
eddy after / got back. but was told the
doctor was not there"
At this point the state turned the wit
ness over to the defense. 1t was past
the noon hour. Attorney Gurley asked the
court to adjourn until Monday, when the
cross-examination will begin.
Mrs. Rice, during her testimony. iden-
titled Davis as a man she saw get on the
street car after he came out Of Rustin'
office, and said she saw him standing al
10th and Farnum streets when she walked
to that pOint