Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-12-05
DAVIS OWN STORY READ TO JURY
Testimony as to What He Did that
Night offered by State.
DEFENSE STARTS ITS INNING
Attacks States Testimony as to Time
Rustin Went Home.
MRS. RICE COMPLETES STORY
ReiterRtes Previous Statement that
DIR. Rustin Told Her lie Had
Secured Davis 10 shoot
Him In Abdomen.

Secured Davis 10 shoot
Him In Abdomen.
At 4:22 o'clock Friday evening the stus
rested In the Rustin murder case and after
the formal motion by the defendants at
torneys to direct verdict Of not guilty
because OF insufficient evidence had been
overruled by Judge Sears the defense began
its attack On the states evidence by intro
Cucing several witnesses to show the tine
Or Rustn and Davis were seen I'm saloons
and drug stores in the ueighborhocd of
sixteenth and Farnsm streets was ncar
II o'clock. instead Of 10 o'clock as Mrs
Rice and others had testified.
In the half hour that remained before
court adjourned the defense had examined
seven witnesses. 1t stin has seventeen to
come, and It is believed these will ocCcupy
practically all Of the session today. Judge
Sears said he would hold court all day
today in order to hurry the case as much
as possible. It is rot probable the argu-
ment period of the case will be reached
until Monday
The most interesting piece Of evidence
introduced at the afternoon session was
the story Of Charles e. Davis the defend
ant which he told at the coroner's Inquest
This was introduced. not by the defense,
but by the state. from a transcript of the
evidence read by Frank j. Sutcliff. the
stenographer who took the testimony. In
it Davis dei.ies he made any promise to
Dr. Rustin to XIII him, hut 2dmitted he
had tried TO commit suicide with medicine
given him by DR.. Rustin. Davis may 20
on the stand himself today but this Is
improbable His attorneys were unable to
say whether he would testify or not, inas-
much as his story is already before the
jury.
Confirms Mrs. Rice's story.
Clara Gleason, keeper Of the roomlng
house at 1902 Douglas street, in which Mrs.
Rice says she spent the night of the shoot
Ing of DIR. Rustin, was the first witness at
the afternoon session. Miss Gleason cor
roborated Mrs Rice's story as far as It
related to her presence in the rooming
house. She said Mrs. Rice returned to
the place between II 80 and 1I:p Shortly
| after she came in the witness said Mrs
! H'ce went TO the kitchen, where she was,
aid used the telephone. W., Z, she v
using # the man who was SS'aay .Ars-lslnS.--
/ son asked about the time. Miss Gltason
said she Immediately called up central and
/ found it was twenty minutes 10 i o'clock
/ About half an hour later she said Mrs
| Rice returned with her kimono and night
! NiNSS bAA anu Atltpilblltu again. she SAID
she was up until o'clock .the next morning
and she was sure Mrs. Rice did not leave
| the house.
on cross-examination Miss Gleason re-
fused TO tell the character of the place she
was running, but she admitted there was
J back door to the rooming house. How
ever, she insisted, Mrs Rice could not
have gone down the back way without
her knowing it.
Stella Jones, a colored woman, who acted
as maid and door attendant al the Gleason
place, said she admitted Mrs. Rice some
time between I:3D and l. o'clock and she.
too, was sure she did not leave tile place
until morning. o. J. Lewis, a pharmicist
| at the Myers-D Dillon Drug company. tes-
/ rlfied in the afternoon Of September 1 he
sold DR.. Rustin small bottle Of fluid ex-
tract Of aconite. Mr.. Lewis said he told
DR.. Rustin the fluid extract was the strong
est fluid preparation of acouite and he
took that, as he wanted the strongest
Mrs. Becker Hears Noises.
Interesting evidence was given by Mrs
j. \. Becker, who lives at Forty-first and
Dodge streets She said about five min
utes before o'clock on the night OF sep
tember she was awakened by the barking
Of dogs in the neighborhood OF her home
ClAt lpohNu Jul Ol lile WINDOW and heard
some one apparently vomiting. She also
heard voices Of men. The theory of the
state is that it was Charles Davis. sick
from the medicine he had taken, who was
vomiting, and the voices were those of
DR.. Rustin and Davis.
Detectives Maloney, Van Dusen and
Mitchell were placed on the stand and all
three swore they had made search of
the Rustin house the morning OF the
murder, TO find the gun. but none was 70
be found.
County Attorney English had an unwilling
witness IN Addie Bennett, who lives a lar
Douglas street now, but who was at l3ll
Capitol avenue September l. She said she
had known Charles Davis about d year and
he was in the nIbt Of visiting her.
The Friday following the murder she said
Davis came to her in a nervous condition
and told her he was going away. Mr. Eng
lish sought to get her to describe his nerv-
Gus movements, with little success.
What did he do in regard to walking
the floor in nervous way?' asked u
county attorney.
"Oh, he walked the floor. but not morS
than he has BEFORE said the witness
Mrs. Rice Resumes stand.
Abbie Rice was again recalled 10 the
Z Z
) Gurlcy asked her about letter she ha.
written to Dr. Rustin in which she said
her husband Joined her in sending bes
p regards. Mrs Rice admitted writing TIA,
: letter.
did you write the name Polly on tn,
, letter. she was asked.
! Yes, / wrote IT,"
WAS that the name he used 10 call you:
Yes"
E When In YOUR relationship With Dr.. Rus
= tin did you write that letter?" asked Mr
s English.
When l first began TO like him rea
we'll"
D She said she sent the letter to his offic,
and explained she used that method Of
d communicating with him IN the guise OF Z
I patient for fear some one else might Sc,
) the letter
y Detective J. T. Donahue said he had gon,
= 20 the Rustin home four or five days Aftei