Omaha daily bee., 1908-09-29

iOllCe DOuanuC Nncfc inc statement NdN 4
and II he knew anything about st. i
Its at my office said the chief.
wei, ! want to see e." said Mr.. Gurley.
You may I will send for IT.
Let. Her to,
After the chief had SEMI for the state
ment, Mr.. Gurley said abruptly. "oh, that's
ell, Mrs. Rice, you may go
The aconite bottle was on the table be-
tween the attorneys. The county attorney
began 20 wrap it up with his other eX-
hibits.
Let it stay there" said Gurley. whats
the use to be afraid. We are not going to
take It now"
When the Gleason woman was called to
the stand. Mr.. Gurley objected to her tes-
tifying. The county attorney retorted
that she was the woman who conducted
the place where the Rice woman was said
to have stayed the night of the killing of
DR.. Rustin, and he thought her testimony
important.
Are you going to allow the county at
torney to establish an alibi for this wo-
MANI" roared Mr.. Gurley.
1T is absurd; IL is more than that, II is
novel. She is not charged with killing
DR.. Rustin. and the county attorney is
only doing this to bolster up the testi-
mony OF his star witness, which, up to
this time, is, overwhelmingly against the
star witness. 1t amounts to establishing
an alibi.'
Court Admits Gleason Woman.
Mr.. English reminded the court that II
was necessary to Know when the state
was attempting to prove that there was
a homocide. whether or not the Rice wo-
man had actually Withdrawn from the muir
der conspiracy and the court was not long
in ruling that the Gleason woman could
testify as to the whereabouts of Abbie
Rice the night of September /, and the
morning of September .. The woman,
who runs a roominE house at Twelfth
and Douglas street. testified. as did also
Stella Jones, the colored maid OF the
place, that Mrs. Rice came in at 1880 the
night of September l, and did not go out
again until the officers called for lrer.
F. b. Myers of Myers & Dillon. drug
gists at Sixteenth and Farnam streets.
was the most important witness for the
state in the morning. In answer to uues-
lions from the county attorney, Mr.. Myers
told this story,
Il was either in the front of my store or
out on the sidewalk from 9:45 to 1915 the
evening of September !. and Abbie Rice
was pointed out to me as sine entered the
store about $3.50. She took a seat in the
front part OF the store. In a few minutes
DR.. Frederick r. Rus,in came in and walked
back to the telephone, which he used. Then
he walked by me and spoke, passing the
Rice woman as he went out without speak
ing. He went across the street alone to
the Falstaff saloon and came out in four
or five minutes with Charles Z. Davis. The
Rice woman had gone across the street and
was standing on the United States National
| hpnk norman FI,o 49, III -,
D~avis-walked across the street to within
eight feet of the woman. They did not no.
5ice her, but stood waiting for a car. |
saw DR.. Rustin put Davis on the car going
west and as I had an appointment looked
at the clock above their heads. 1t was 1910.
Rustin Joins Woman,
After the car had gone Rustin joined the
Rice woman. They walked west on Farnam
street and crossed to the south side at
seventeenth. The last time l saw DR.. Fred
erlck L. Rustin was when he disappeared
behind the Patterson building, walking with
the woman south on Seventeenth street"
This testimony of the druggist confirmed
Mrs. Rice's story in the closest detail.
Jacob Freger, clerk in the Sherman &,
Mcconnell drug store, testified that he sold
Dr. Rustin 100 half-grain morphine tablets
about 10 o'clock the evening Of September
l and that they were triturate tablets, not
for use in hypodermtess
John M. WEIGH testified that he saw DIR.
Rustin come into the FaIstaff saloon about
10 o'clock, but did not see anyone with the
physician, either as he entered or left the
place.
short, Thick Man Again.
Henry Staples, bartender in the Alleyette
saloon IN the rear of the Paxton building.
said DR.. Rustin and a short, thickset man.
with a round, smooth face" came into the
saloon about 10 o'clock the night of septem-
Der and bought and drank two glasses
of beer.
Mrs. J. A. Becker of 41O1 Dodge street
testltied that she was awakened by dogs
barking about ten minutes of O'Clock the
morning OF September ? and she heard. as
she was sitting by a south window. the
voices of men talking. One of them was
choking as though vomiting.
Other witnesses we're, DELAYED in arrivirr
and adjournment was taken until 2 O'Clock,
the county attorney saying that he wouId
have the evidence for the state in within
an hour after court opened in the after
noon.
The defense is known to have q Ions LIST
Of witnesses. including ten or twelve OF
those who room at the Chatham hotel,
where Charles T.. Davis lived.
Davis was on hand promptly when court
opened and listened to the judge trim a
few of the holdovers before his case
opened. The same eXpressionless features
were noticeable, his face was q IttIe
whittier and his eyes still sought the blue
sky outside, He did not sit near his attor-
neys, his brothers and a nephew sitting
between the defendant and Attorney Cur.