Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-09-25
Her Recital Halted by Attor-
neys for Charles E. Davis.
OBJECTION TO QUESTIONS
Allowed to Tell Story Until She
Would Implicate Accused.
LONG ARGUMENT THEN ENsUEs
Rustin's Woman Friend Tells Life
History and How She Failed to
Keep Suicide Pact.


| OMAHA, Neb., September 25,-Antici-
patingi that Mrs. Abbie Rice would be on
the stand in the preliminary hearing of
Charles Edward Davis, charged with the
murder on the morning of September ..
of DIR. Frederick Rustin, Judge Craw
ford's courtroom at the police station was
| again crowded to the limit when court
opened this morning.
Davis and his two brothers were again
in the courtroom at an early hour. The
accused man was in charge of a guard,
who had been retained by the Davis
| family to remain with him since the
| arrest on a charge of murder.
| Mrs. Rice was early called to the stand
She spoke clearly and vler manner was
composed. Her testimony was permitted
to proceed to a point where the county
| attorney asked her to tell what DR.. Rus
tin told her regarding his plans with
| Davis. At this point Attorney Gurley of
the defense objected. Long argument
ensued
Mrs. Rice's Story Graphic.
| Mrs Rice's narrative was so we'll told
that it was easy to follow her every mo-
ment from the time she was born in AL
| ierton, Iowa, nineteen years ago, up to
! the moment of her detention.
She told in detail of living with her
parents in Des Mones for fifteen years,
| how she had married Irving Rice in
April, 1906, when she was only seventeen
| years old. She told how she had been at
tracted by his handsome face and cavalry
! uniform, he at that time being a private
in the army and stationed at Fort Des
| Moines.
| The testimony was given in narrative
| form up to the time she was stopped by
| objection of the defense. She remained in
Des Moines ten months after her mar
| riage and then went to Cuba where her
| husbands regiment had gone month
| earlier. She was accompanied by a neigh
| Dor girl, who was held up in New Orleans
| for lack of money to pay her passage to
Havana. and whose father came after her
and took her back to DeS Moines.
| In Cuba she lived at Pinar del Rio I'M
| til September, 1907. and then returned to
| her home in Des Moines because. as she
| said. of the ''incompatibility of her hus-
| band She remained in Des Moines but
| a short time. her life not being pleasant
there, coming to Omaha last December.
Acquaintance With Rustin.
Not securing employment she went to
the resort of Grace Walton on Lower
Douglass street, where she soon became
Ill. DR.. Rustin was called to attend her,
December %. and had her removed to
Clarkson Hospital. where he performed
two operations on her.
Her acquaintance with the physician
dated from that time. Soon after she
was able to leave the hospital she went
TO 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 opera
tons. During this time she learned to
administer aneSthetics 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
She removed thence TO the Loyal Hotel
| 1t was while she lived at the Loyal that
| the suicide pact was first preached to
| her by DR. Rustin. In a dramatic man
ner 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 refused
| She told of going to his office the night
Of August 2S and making every prepara-
| ton to shoot the physician and saying to
him.
| Fred. l can't do it: | can't hurt you"
| Then he upbraided her for her weakness.
He planned next to carry out the shoot
| ing at the barn in the rear of his home:
Twice every plan was made for enacting
the tragedy in the barn. In each in
stance her nerve failed her.
He was very angry at me and threat
ened to kill himself and too in the
barn." said Mrs Rice, and l think he
would have done so If had not had pos
session of the revolver"
A fourth time he tried TO persuade her
to shoot him. after returning to his Office
down town at o'clock that morning. But
she steadfastly declined.
Her Nerve Failed Her.
She admitted she had acquiesced in each
instance to do his bidding. and only weak
ened at the crucial moment
She then identified a revolver which had
been originally purchased by Rustin to
carry out the tragedy. She said she had
broken it in trying to load the chambers
and had traded it to Il pawnDroker for an
other.
This revolver was recently located in d
Council Bluffs pawnsnop.
County Attorney English then brought
the witness up TO the point of telling what
she knew of Charles +. Davis calls at Dr.
Rustins office. She told of seeing him
there and being in the office the evening
before DR.. RuStin was shot
Il sat in the consultation room and
Charley Davis in the outer office -
she said. DIR. Rustn went into the room
where Davis was 10 have talk with
him
She then identified the accused man as
the man she saw that night at Rustins
office
when DR. Rustin returned from the
outer room. what was said with reference
to DaviS?' inquired the county attorney.
Here counsel for the defense objected 1t
was stated that the ensuing argument
would la at most of the daV