Omaha daily bee., 1908-09-30

he told Abbie Rice she must shoot him.
Then when the physician was lying on
the floor of his home at the foot of the
stairs. losing consciousness, as his wife
bent over him, whose name did he call?
Ii was not his wife's name; it was not the
name of any man. 1t was Polly, Polly,
oh, Polly. and Polly was Mrs. Rice, his
paramou his companion, who four times
had agreed to shoot him. Whose face was
it he last saw before the shot was fired
which caused his death? Was it not
Polly. Polly, Polly?"
In arguing that the state had made a
mistake in even placing Davis on prelim-
mary hearing Mr.. Gurley said there was
ten times as much evidence against Abbie
Rice as against Davis,
Makes Fun of Evidence.
Some testimony has been introduced
here to show the Rice woman was back at
the house of Clara Gleason at ten min
utes till 12 o'clock the night DIR. Rustln
was killed l suppose lhe county attorney
wanted to establish an alibi for his star
witness and look at that alibi. The fore
man of the street car barn says Abbie
looks like the woman who. got on the car
I at 11:2O and returned to Omaha; the con
ductor says the face is familiar, but he
does not know for certain. Outside of tina
the state has nothing but the statement
OF a courtesan and a colored wench, who
! say the Rice woman was i'm the place at
10 minute to IL. But no one believes
their testimony is good and there is moth
ing to show that if Abbie Rice returned To
the city at II o'clock she did not return
later and meet DR.. Rustin some place in
the neighborhood of his nome"
The explanation offered by Mrs. Rice
N1aA Ill NEnn
funeral expenses so her folks would no
know IL she committed suicide, was ridi
culed by the attorney for the defense.
1T would have broken that elder sister,
heart had she known-that sister who in he
mothers home in Des Moines planned t
bring Abbie Rice to Omaha and place he
in n resort-that sister who remained witt
her in the house two months and got he
onto the ropes and the way, through whicl
she had already been here in Omaha"
Mr.. Gurley read to the court the testi
mony which Judge Crawford had ruled GU
and commended that the court had stricken
out every bit of evidence which tended t,
implicate Charles f. Davis.
What is Ruled Out.
Let us see what is ruled out by tn,
order Of this court he said.
The fact that DR.. Rustin gave Davis o
was going to give him poison is out.
THAT Davis came TO the office to NEE
DR.. Rustin is out.
"What kind of poison DR.. Rustin told tn
Rice woman he was to give Davis, Is on
by order Of this court.
"Ths Charles f. Davis was to kin tn
physician near his own home was stricke.
from the evidence by order of this court
THE story the woman tells about look
ing up the effects Of aconite has been rule
out.
That Or. Rustin said he was going t
give aconite to Davisl to kill himself Is ou
by the ruling of this court.
And, finally, by ruling of this court, tn
evidence that DR.. Rustin said he had fin
lshed his plan for Davis to take his M
and then kill himself, is all out OF thi
case.
Now, without that evidence the cour
cannot bind this defendant over and tn
court has ruled all the evidence out, an
justly So"
Tried al Evidence Alone.
The attorney for the defense said IN
case was 20 be tried on evidence alone an
not on yellow journalism nor anarchist
statements made on the street. lie too