The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-09-25
HER LIFE STORY.
Woman Who Made Death Pact
With DR.. Rustin
Repeats Her Tale at the Davis
Preliminary.
HER NERVE FAILED.
Three Different Times She
Tried to Kill Him.
Still He Attempted to Induce
Her to Try Again.

Mrs. Abbie Rice would be on the stand
in the preliminary hearing of Charles
Edward Davis, charged with the muir
der on the morning Of September 2, of
DR.. Frederick Rustin, Judge Crawford's
court room at the police station was
again crowded to the limit when court
opened this morning. A dozen report
ers were cramped into a small space
to make room for the numerous wit
nesses, attorneys and court attaches.
That County Attorney English would
again take Mrs. Rice through the long
recital of the tragic story told at the
coroner's inquest seemed probable and
places of vantage were sought early by
the curious who reached the court
room an hour before the proceedings
began.
Counsel for the defense was inclin-
ed Thursday to challenge some of the
questions propounded to witnesses by
the county attorney and it appeared
not unlikely that an attempt might be
made to prevent much of Mrs. Rice's
testimony being given on account OF
it being hearsay.
Davis and his two brothers were
against in the court room at an early
hour, the accused man being in charge
of guard who has been retained by
the Davis family to remain with him
since the arrest on murder charge.
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 dur
ing the dramatic recital and every
one present listened eagerly.
Mrs. Rice told how at II. she mar
ried Irving Rice, a private in the
regular army. in 1896. She followed
him when he went with his regiment
short time, returning to her home in
Des Moines, and then coming to
Omaha In Omaha, unable to secure
employment she entered a resort on
lower Douglass street, where she soon
became i'll. DR.. Rustin was called to
attend her December %, and had her
removed to Clarkson hospital where
he performed two operations. Her
acquaintance with the physician dated
from that time, and soon after she
went to live at the Grand hotel in
Council Bluffs. There she said, Rus
tin 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. Dur
minister anaesthetics and assist the
physician. She remained in Council
Bluffs two months and then secured a
suite of rooms in Omaha where she
lived two months. finally removing to
the Loyal hotel.
It was while she lived at the Loyal |
that the suicide pact was first broach- !
ed to her by DR.. Rustin.
Mrs. Rice then went into 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 ply
stefan and saying to him:
i T 49, h ~
you"
Then he upbraided her for her |
weakness 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.
HE was very angry at me and |
threatened to kill himself and me too |
in the barn. said Mrs. Rice. And 1 |
think would have done so if / had |
not had possession of the revolver"
A fourth time he tried to persuade |
her to shoot him, after returning to /
his office down town at 2 o'clock that |
morning but she steadfastly declined. |
She admitted that she had acqu1esced |
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 it trying to load the
chambers and had traded 1t to pawn
broker for another. The revolver was
RECENTLY located in a Council Bluffs
The witness then told Of Charles E.
Davis calls at Rustin's office. She told
of seeing him there and being in the
once the evening before DR.. Rustin
was shot.
Il sat in the consultation room and
Charley Davis was in the outer office"
she said. land DR.. Rustin went into
the room where Davis was to have a
talk with him."
she then identified the accused man
as being the man she saw that night
at Rustia's office.
when DIR. Rustin returned from the
other room what was said with refer
ence to Davis?'' inquired the county at
torney Her counsel for the defense OBJ
iected on the grounds of hearsay evil
dence and Attorney Woodrough began |
. 0hipPTi0n