Omaha daily bee., 1908-12-05

the shooting and had made a thorough
search Of the barn, cellar and premises for
the revolver. but had failed to locate It.
Davis story Is Read.
Frank j. Sutcliffe then went on the stand
70 read his transcript Of the story of
Charles Davis told at the coroner's inquest.
Davis said he saw DR.. Rustln about 3
o'clock Tuesday afternoon at his office TO
get some medicine for sleeplessness. DIR.
Rustin. he said, told him to return at 5
o'clock that night and he would have the
medicine ready for him. That evening he
saw Abbie Rice at DR.. Rustin's office, but
the doctor was busy so he went out and
returned in about three-quarters of an
hour. He went out later and got a bottle
of beer, which he and the doctor drank,
and about 10 o'clock they went out together,
going first to the Alleyette saloon where
Davis said no drank beer and the doctor
whisky. Then he said they went to Sher-
man & McConnells drug store at Sixteenth
and Dodge and while DIR. Rustin went in
the store to get some morphine tablets he
stood on the corner by the postoffice and
watched Mayor Dahlman's automobile
party which stopped at the corner while
the mayor made a speech. Then, he said,
they went TO the Falstaff saloon and about
II o'clock he took the West Farnam car.
He got off at Fortieth and Farnam streets.
he said, and walked down Farnam to the
railroad track, and laid down in the grass.
While he was walking around he said he
had taken a number Of the morphine tab
let's the doctor had given him and then
took the fluid in the bottle which the doc
tor had told him contained chloride Of gold
and strontium which made him very sick
and caused him to vomit.
Wanted tn COmmft SuHoNd.
MY idea was to go out there and take
that dope" he said.
Were you going to commit suicide?"
4 was"
Davis denied he had any arrangement
with DIR. Rustin to meet him again. He
went to sleep and when he woke UP the
cars had quit running and he walked back
TO the Chatham, where he roomed. He
denied standing at the corner OF Fortieth
and Farnam streets, where Mrs. Rice said
she saw him when she parted with DR..
Rustin.
Did DR.. Rustin give you this medicine
for the purpose of committing suicide p
he was asked.
Not that l know Of"
HE didn't say anything about dying him
self?''
mo"
You went out to Fortieth and Farnam
with the intention of killing yourself?"
Yes"
Did DR.. Rustin have any idea you
wanted the medicine for the purpose of
killing yourself?'
He may have suspected 1t. I didn't
come out and tell him.
Later In his evidence Davis said he be-
lieved DR.. Rustin thought he wanted the
medicine for suicide purposes. He said he
told the doctor the suicide mania had CONF
before. He had taken nine sleeping pow
ders the doctor had given him, but he
woke up about IL o'clock the next day
alive He said he told the doctor this.
II want something now that will do the
work. he said he told the doctor.
Detective Maloney followed Davis. He
said he had made an examination of the
territory around Saddle creek. where Davis
said he had laid down and taken the medi-
cine. East OF the creek. he said, there was
a vacant lot and beyond that a single tree
instead of a clump of trees as Davis said
he saw. The lot was grown to sunflowers
and no evidence could be found that any
one was there.
state Rests Case.
County Attorney English then offered In
evidence the bullet found in DR.. Rustin's
body, the morphine tablet swept up by
Hannah Dineen at the Rustin home. the
gun Identified by Abbie Rice as the first