Omaha daily bee., 1908-12-05

confectionery store at Sixteenth and Dodge
testified Mayor Dahlman and his party
began speaking on the corner at about
1O; 80. She said she looked at the postoffice
clock when a woman from an adjoining
theatcr called her attention to the fact II
was after 10 o'clock. Alphonse De Chris
tan, her brother-in-law, testified to about
the same time and created considerable
amusement by his broken English
Charles Emery testified he was In the
Falstaff saloon between 10 minutes or IL
O'Clock and IL and saw DIR. Rustin there.
He also saw Jack WEIGH, who had pre-
yiously testified for the state. Mr.. WEIGH
testified 1t was about 10 o'clock. John
McKenna also testified he saw DR.. Rustin
in the saloon about II o'clock. He said he
had gone to the saloon from the court
house, where he had delivered the election
boxes from East Omaha.
Denies Clock Was I'm Place.
w. e. Roberts, a clerk in the cigar store
of Niles & Moser at Sixteenth and Far
nam, gave another piece of important testi-
mony. He said the clock that hangs on
the corner of the store was taken down
september / and was down for two or
three days undergoing repairs. This is the
clock p. B. Myers testified he looked at
when he saw DR.. Rustin join Abbie Rice
and noted It was 1910 o'clock.
Fred Metz said he rode home on the st eet
car with DR.. Rustin about s o'clock the
evening preceding the murder and there
was no one with DIR. Rustin. Mrs. Rice
said she went out on the same car with
DR.. Rustiu and rode on to, Dundee aftel
he had alighted at Fortieth and Farnam.
AS the climax of the states evidence in
The Davis murder trial, Mrs. Abbie Rice,
Friday morning related to the Jury the con-
versation she had with DR.. Rustin the
afternoon before his death, in which he
told her Charles z. Davis, the defendant,
had promised to shoot him.
When court convened Judge Sears for
mally overruled the objections made by the
defense Thursday to this part Of the testi-
mony and the question asked by County
Attorney English the night before was
read to her. The question related to what
DR.. Rustin had said to her when he
came back to her in his private office after
consulting someone else in the public recep-
tIon room on the afternoon before his
death.
He said he had found someone else to
do the deed" said Mrs. Rice.
What else did he say?"
He said he had a man who had promised
to Kill him and the man was in the other
room and his name was Charley Davis.
He said he was to do It in return for
poison with which to kill himself
Did he tell you when or where?'
He said the man was to came back to
the office at s o'clock"
Crowd Not So Large.
The crowd in the court room was some
what smaller than it was the day before,
though all the seats were taken and many
were standing. The interest in Mrs, Rice's
story was intense and everyone strained to
catch every word.
Mrs. Rice was on the witness stand until
u:O when sire was released after a
searching crOss-eXamination by Mr.. Cur
ley, The state Immediately began putting
on minor witnesses. whose examination re-
quired only a few minutes each.
After DR.. Rustin had told her about the
defendant, Mrs. Rice testified he called
up Myers-Dillon's drug store and ordered
a bottle OF aconite.
Did you see the man in the other
room?" asked County Attorney English,
Yes"
who was he?"
Charles Davis"
Mrs. Rice says she returned to DIR. Rus
tins office in the evening and DE-. Rustin
came in about 7:B. Charles Davis. she
said, came in about 5 o'clock, She de-
scribed his clothes, her description eorre-
spending infinitely to that given by DR..
Lord OF the man he saw coming east on
Farnah as he was hurrying to the Rustin
home.
'Dr. Rustin said Davis was connected
with some people at the First National
bank and had tried TO kill himself several
times and wanted to do II now" Ehe said.
Before Davis came in did you have any
conversation with DR.. RuStin about tho
plan?" she was asked.
II said he was going to do II out near
the doctors home that night"
She said the doctor divided the bottle o.