The Montgomery advertiser., 1908-12-04
ELLIS STORY 0FPACT
ms. RICE TEsTTFIEs IN hUeTIN
 CASE. A
maha Doctor Tela tzea Hs He'd Secured servfeen of uaNt* To
 XIII Hina---Woman Sttfi On

q Omaha. Neb., pee., s--The. evidencs ziven today by Mrs. Abbie B. Rice. and
 he vigorous efforts of counsel for <he defense Co exclude that part of it
 pnneeting Charles D. Davis, the de-
 pndant. with the killing. of pr. Rus
 n. were the features of the trial of Pavis for the murder of the physician *n tho morning of September g. } Mrs. Rice's recital of the story of her
 slations with the dead surgeon was
 ot less dramatic than on the two for- zher occasions when she had been ask
 d to give the details of an alleged *act to destroy three lives. # Twice during the day. wftnessi and #lry were dismissed while counsel ar-
 ued points of law as to the admis-
 ibility of different portions of her
 vidence. and in each instance. the
 tate scored . victory. By a ruling zhade on the last point raised. the bars Ere let down for the hearing of Mrs.
 ice's entire story. which will include
 bat part wherein pr. Rustin Is all hgea to have told her he had secured @avis to kill him.
 # Mrs. Riee's evidence was given in . Hear voice and with good memory
 or details. Mrs. Rice had reached the Joint where Davis was brought Into
 Ter story, when she was excused for khe dag.
 The defendant sat near his attorney
 stening attentiveiy to the proceeuv hgs and on his right were his two Brothers one of whom. Frederick IA. Davis, is vice president of the First
 Rational Bank. and the other. Latham bavis, q prominent capitalist
 2 Again the Criminal Court room was rowded when the trial of Charles p. *avis was resumed today.
 Although Mrs. Abbie Rice, the lead zng witness for the State, has aireaay' Sour times recited her story of her &elations with pr. Rustin. and his de- zberate arrangements for his own Teath, the desire to sec and hear her Hive testimony drew to the court room crowd that took up all standing SDom. .. Positive announcement was made by Bounty Attorney English that Mrs. Rice would be called to the stand to-' ay. and 1t was the general belief that 5ne hardest oretoricai battle of the z-ial would come with an attempt to ave her testimony excluded.
 \ The court ruled that the State was
 nfitIed to show the condition of pr.
 ustin's mind in order to establish that . did not wish to take his own life, bus overruling the objection.
 Mrs. Rice om Stand
 S The jury was recalled and Mrs. Rice #gain took the stand. She then stated
 hat Dr. Rustin became more despond- Int and that he began drinking more
 han usual. drinking generally two 8asiEs of whiskey daily. At that time.
 he stated, 'he introduced the subject N his death. He said he wished to
 rovide for his family and suggested hat I shoot him. saying he did not
 ish to commit suicide. as in that event
 Ers. RustIn could not collect hts in-
 arailce. He talked of 1t continually And suggested plan by which I should Sa0ot him in his ofEice. I promised # comply with his request. He pro- 8osed that I do the shooting because I c sad he would trust no other per- zpn''
 s Rfrs Rice then recounted converse
 on during which DF. Rustin told her Ms financial affairs were in terrible