Los Angeles herald., 1908-09-26
WITNESS TELLS
OF SUICIDE PACT
GIVES STARTLING EVIDENCE IN
RUSTlN MURDER
TRIED TO KILL DOCTOR, BUT
EACH TIME ouAILED
Physician UpbraIded Her for Weak
ness and Threatened to XIII Them
Both If She Did Not Pull
Trigger
[Rx Associated Press.1

OMAHA, Neb., Sept. 25.-Anticipat-
ing that Mrs. Abbie Rice would take
the stand in the preliminary hearing
of Charles Edward Davis charged with
the murder on the morning of Septem-
ber of Or. Frederick Rustin, Judge
Crawford's court room at the police
station was again crowded to the limit
when court opened this morning.
Mrs. Rice was very nervous when
she took the stand, but she soon re-
gained her composure and told her re-
markable story in a clear voice. The
court room was very quiet during the
dramatic recital and every one pres
ent listened eagerly.
Mrs. Rice told how, at II. she had
married Irving Rice, private in the
regular army, in 1896. She followed
him when he went with his regiment
to Cuba, but lived with him but a
short time returning to her home in
Des Moines and then coming to Omaha.
In Omaha, unable to secure employ
ment, she entered resort on lower
Douglas street, where she soon became
i'll. Dr. Rustin was called to attend
her on December 23 and had her re-
moved to Clarkson hospital, where he
performed two operations. Her ac-
quaintance with the physician dated
from that time, and soon after she was
live at the Grand hotel in Council
Bluffs.
There, she said, Rustin saw her daily.
He taught her the art of nursing sick
patients and often took her with him
on his trips to the country to perform
operations.
During this time she learned to ad-
minister anaesthetics and assist the
physician. She remained in Council
Bluffs two months and then secured a
suite of rooms in Omaha, where she
the Loyal hotel. 1t was while she lived
at the Loyal that the suicide pact was
first broached to her by DIR. Rustin.
Mrs. Rice then went into the details
of how, on three different occasions, she
brought herself to the point of taking
the physicians life at his request. but
at the last moment lost heart and re-
fused. She told of going to his office
on the night of August % and making
every preparation to shoot the physi-
clan and saying to him:
FIRED, can't do 1t; / can't hurt you"
Then he upbraided her for her weak
ness, and they planned to carry out
the shooting at the barn In the rear of
his home. Twice the plan was made for
enacting this tragedy in the barn and
in each instance she failed to retain her
nerve.
Threatened Death to Both
HE was very angry at me and
threatened to kill himself and me, too,
in the barn." said Mrs. Rice, land 1
think he would have done so If I had
not had possession of the revolver"
A. fourth time he tried to persuade
her to shoot him after returning to his
office downtown at o'clock that morn
ing, but. she steadfastly declined. She
admitted that she had acquiesced in
each instance and only weakened at
the crucial moment.
She then identified a revolver which
had been originally purchased by Rus
tin to carry out the tragedy. She said
she had broken 1t trying to load the
broker for another The revolver was
recently located in a Council Bluffs
pawnshop.
The witness then told of Charles r.
Davis calls at Rustin's office. She
told of seeing him there and being at
the office the evening before DR.. Rus
tin was shot
"I sat in the consultation room and
Charley Davis was in the other Of
fce," said the witness, land DR.. Rus
tin went into the room where Davis
was to have a talk with him."
She then identified the accused man
as the man she saw that night at Rus
tins office.
''When Mr.. Rustin returned from the
other room what was said with refer
ence to Davis?" inquired the county
attorney.
Here counsel for the defense object
ed on the grounds of hearsay evidence.