Omaha daily bee., 1908-09-29
MOTIVE FOR The DEATH PACT
Mrs. Rice Says She Only Wanted to
Help Rustin Family.
WHY SHE AGREED TO KILL HIM
woman TELLS that Her own sister
Brought Her to Omaha and
Placed Her in the Grace
walton Resort.

ElaCed HCr IN tne rEhtN
walton Resort.
In cross-exsmination, conducted by w. F.
Gurley. which lasted less than an hour,
Mrs. Abbie Rice, the chief witness for the
state in the police court preliminary of
Charles z. Davis, charged with numbering
DR.. Frederick r. Rustin. retold details Of
her story. giving dates, names and figures
without throwing discredit on her state
ments before the coroner's jury or in direct
examination.
BY calling Frank Sutcliff, the short
! hand reporter who took Davis testimony
at the coroner's inquest, County Attorney
English was enabled to read the entire
testimony of Davis before the coroner's
jury. The evidences read to the court i'm
cluded Davis story of his actions on the
night of the shooting of Dr. Rustin, and
his efforts to kill himself by taking
drugs given him by DR.. Rustin. The
reading of this testimony occupied the
first hour of the afternoon session.
Attorney Gurley for the defense drew
some additional testimony from the witness,
which revealed that she has led and had
experiences which would dull the moral
sense of even a more strong-minded woman.
MY own sister, who is eight years older
than I am and now lives in Denver, brought
me to Omaha and advised me to go 10
Grace walton's place on Douglas street and
live. 1 obtained the address of the place
from her.
This was one Of Mrs. Rice's first state
ments in reply to questions asked by the
attorney for the defense.
The girl shook with cold when placed on
the stand and became exceedingly nervous
under the questioning of Mr.. Gurley. When
she told Of coming so near killing DR..
Rustin that all she had to do was pull the
trigger of the revolver, she choked and
came near breaking down. After being
questioned for fifty minutes she was taken
back to the matron's department and
locked up.
Tells of that Death Pact.
The woman told again the story of how
DR.. Rustin persuaded her to kill him, and
said that four times she promised to take
his life and four times her nerve failed
her and she could not fire the shots. IS
What inducement did DR.. Rustin offer
or hold out TO you to consent to murder
him. Mr.. Gurley asked.
None"
Were there no reasons?"
THAT his insurance might go to his
wife and children"
~ 4 uhuOlSNdlu SOu " say not LOut
times you promised to take his life and
that the only motive was for the sake Of
his wife and children"
yes, that was the only motive"
Then the woman went on to tell that
she had never met or seen Mrs. Rustin,
wife of the physician, and certainly she
had no use for her, but yet she was will
ing to commit murder that Mrs. Rustin
and the children could have the insurance
and be richer than they were when the
physician was alive.
Then, too, l thought 1t would please the
doctor" she said, when she was pressed
for motives. Il don't know why I first
promised to do the shooting, except that
ne told me I must, and 1 was in the habit
of doing as he told me"
i Drops a Point for Defense.
When Mrs. Rice took the stand, County
Attorney English said ne had a few
questions to ask, and they concerned the
original plan Of her shooting DR.. Rustin.
She told how she bought the cartridges
and swore that DR.. Rustin said, Il want
you to get them so no one Will know l
took my own life"
Quick as a flash. Mr.. Gurley picked this
statement up when his opportunity came.
Did he say that he did not want people
to know he took his life or did he say he
did not want people to think he committed
suicide?' asked the county attorney.
II believe he said he did not want them
to think he committed suicide"
Did you buy the cartridges"
Yes the Friday before the doctors
death"
Did you handle them"
Yes I had one"
why did you have one Of the cart
ridges"
Il was to use it to kill myself after had
shot DR.. Rustin."
why did you need an extra one?"
BE cause l was TO insert it in the gun
to Kill myself, that there might not be two
empty shells in the gun and thus connect
my suicide with DR.. Rustin's murder"
Where were you to shoot yourself"
II had not decided, but it was to be as
far away from the doctor as possible
English Shields Young Girl,
When Attorney Gurley began to cross
question the witness and the story came
out about her sister placing her in the
Walton resort, County Attorney English
asked for a moment and requested a young
Glrl who was in the room as a witness. to
leave the room that she might not hear the
Rice woman's story. She testified that her
sister remained with her two months after
she came to Omaha and that her sister
had once lived at Walton's before.
How long before you met DR.. Rustin IN
a professional capacity was It that YOU
assumed any other relations with him -
she was asked.
1T was after the first operation he Der
formed on me in January this year"
When did he talk about the matter o.
his death?'
About a month before he was killed"
ibid he ever talk about it before?'
mo"
Did he tell you of his financial affair!
before that?'
NO, he did not"
when he told you he seemed greatly in
terested In his wife and children"
Yes"
Did he seem more interested in them an,
would he have lone more for them thar
he would for anyone else-even for YOU
who you claim he was with constantly"
,N-- Io ur,,.1I 1,.. H.