The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-09-26
RUST|N MURDER
CASE At OMAHA
Mrs. Abbie Rice on the Stand
in Preliminary Hearing
Of Davis.
PHYSICIANS SUICIDE PACT
WOMAN's NERVE FAILED HER
WHEN THE TEST CAME.

Omaha. Neb., Sept. 25-Anticipating
that Mrs. Abhie Rice would be on the
stand In the preliminary hearing or
Charles Edward Davis. charged with the
murder on the morning of September 2
or DIR. Frederick Rustin. Judge Craw-
lords court room at the police station
was again crowded 10 the limit when
court opened this m0rnin.
Mrs. Rice was noticeably nervous when
she took the stand. But she soon regained
her composure and told her remarkable
story IN clear voice. The court room
was very quiet during the dramatic re-
cftal and everyone present listened Gag
erly. Mrs. Rice told how. at H. she had
married Irving Rice lice private fO,,ou IN tn, the
when he went with his regiment 10 Cuba,
but lived with him but short time, re-
turning to her home In Des Moines, and
then coming TO Omaha. In Omaha, UNI
Hble 10 secure employment, she entered
a resort on lower Douglass street. where
she soon became ILL., Dr. Rustin was
called TO attend her December %, and had
her removed to Clarksor hospital. where
he performed two operations Her &C
quaintance with the physician dated from
that time. and soon afterward she was
able 10 leave the hospital she went to live
at the Grand hotel In Council Bluffs
Saw the Doctor Every Day.
There. she said Rustin saw her daily.
He taught her the art OF nursing sick
patients and often took her with him on
hts trips 10 the country TO perform OPP
srations. During this time she learned
ia administer anaesthics and assist the
physician. She remained in Council
Bluffs two months and secured suite
Of rooms In Omaha where she lived two
months. finally removing TO the Loyal
hotel.
II was while she lived at the Loyal
that the suicide pact was first broached
10 her by DIR. Rustin Mrs. Rice then
went into details of how on three diff
ferent occasions she brought herself to
the point OF taking the physicians life
at his request but at the last moment
lost heart and refused. She told of going
TO his office on the night Of August %
and making every preparation to shoot
the physician and saying to him: Fred.
L can't do it: | 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 every plan was made for
enacting the tragedy in the barn and In
each instance she failed to maintain her
nerve.
.IIe was very angry at me and threat
ened TO kill himself and me. too. I'm the
barn" said Mrs. Rice. and | think he
would have done so n / had not had
possession of the revolver"
fourth time he tried TO persuade her
10 shoot him. after returning to his OF
flee down town at o'clock that morning,
hut she steadfastly declined. She ad-
matted that she had acquiesced In each
instance. and only weakened at the cru
clal moment
She then Identified = revolver which
had been originally purchased by Rustin
20 carry out the tragedy; She said she
had broken II trying TO load the cham
bers and had traded IL 10 a pawnbroker
for another. The revolver was recently
located in a Council Bluffs pawnshop.
Meetings With Rustin.
Fhe witness then told of Charles f.
Davis calls at Rustins office. She told
OF seeing him there and being in the Of
flee the evening before DR.. Rustin was
shot
Il sat In the consultation room and
Charley Davis was in the other office,
she said land DR.. Rustin went into the
room where Davis was 10 have a talk
with him
She then identified the accused man as
being the man she saw that night at Rus
tins office.
when DR.. Rustin returned from the
other room what was said with reference
10 Davis?" inquired the county attorney.
Here counsel for the defense objected
on the grounds OF hearsay evidence and
Attorney Woodrough began long adj
dress on the objection