Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-09-26
STATE WINS POINT
Judge Crawford Allows Rice Woman
to Tell Whole Story.
SUICIDE PACT STORY GOES IN
Will Repeat Damaging Statement
Connecting Davis with Plot.
ATTORNEYS EFFORTS ARE FUTILE
Long Legal Battle Ends with Victory
for English.
ONE POINT NOW IN RESERVE
Court Reserves Ruling on Question
whether Mrs. Rustin Can Testify
rs TO Dying Statement of
Husband.
Will Repeat Damaging Statement
Connecting Davis with Plot.
ATTORNEYS EFFORTS ARE FUTILE
Long Legal Battle Ends with Victory
for English.
ONE POINT NOW IN RESERVE

near shooting DIR. Frederick T. Rustin at
his request, will tell her whole story on
the witness stand in the hearing Of Charles
c. Davis, charged with killing Dr. Rustln
and will testify that DR.. Rustin told her
Davis had agreed to kill him. Mrs. Rice
viii tell this story on the witness stand
today which she will take as soon as
court opens at $3.50 this morning.
After listening to arguments for four
hours as to whether the statement made
by Dr. Rustln to his wife, "A man shot
me-" and the statement made to Mrs. Rice
several hours before the shooting, Davis
has agreed to kill me-" could be admitted
as evidence, Judge Bryce Crawford ruled
that the Rice wOmans testimony was ad-
missible and withheld his decision as to
whether it was proper to admit the state
ment of Mrs. Rustin.
With this decision County Attorney James
=. English won his first victory over the
battery of attorneys behind a fort of law
books, who are defending Davis.
In his argument to combat the objection
of the staff of attorneys for Davis, County
Attorney English told the court something
of what the state hopes to prove and said,
I'VE will attempt to prove a common mo-
tive, a common design leading to the death
OF DIR. Rustin, between three individuals,
and declaration of any of the parties
made during the absence of any one of the
other parties, is admissible as evidence"
Mr. English said that such a situation
might be called a conspiracy by some au-
thOntles understanding by others,
but the relation of the parties was such
that what one, DIR. Rustn, told the other,
Mrs. Rice, about the third party. Charles
T.. Davis, was admissible and he insisted
on the state being allowed to introduce
the Rice woman's story
The county attorney made good his state
ment of Thursday that only the circum-
stances surrounding this case, controlled
what could be admitted in the way of evil
dence and what could only be regarded as
hear-say. After the attorneys for the de-
fence had cited a case the county attorney
picked up the book and read this addi-
tional statement from the decision: This
only serves to illustrate the futility of lay
ing down a rule which win be a safeguard
IN such cases.
J. w. Woodrough of the firm OF Gurley &
Woodrough, began the argument against
admitting the two replies and all that
hinges on them at II o'clock Mr.. Wood
rough's first statement was
What Dr. Rustin is said to have told
his wife is not even dying declaration,
but merely a narration, something which
admitted as evidence What he is alleged
to have t~ld someone else many hours pre-
vous to the shooting, the statement that
n certain party had agreed to shoot him,
is the merest hearsay and cannot be ad-
mitted."
AbbIe Rice ON the stand.
Mrs Abbie Rice took the stand at the
preliminary hearing of Charles f. Davis
at $3.50 Friday morning and when she was
led into the court room by Chief of Police
Donahue. 1t was through a crowd which
had to be pushed aside by the officer to
get the witness to the stand.
Contrary to reports the woman is far
from being a nervous wreck She looks
more brazen than when she testified be-
fore the coroners jury and was quite COM
posed. Her voice was clear and her re-
plies came promptly as the county attorney
asked her questions which brought out
her story-that DIR. Frederick T. Rustin
was killed by his own order by someone
whom the physician secured and relieved
Mrs. Rice of the job which she came near
doing.
The Rice woman wore a neat white shirt
waist and a new blue skirt. She was led
from the matrons department and returned
there when the attorneys began their ar
Suments. She wore hat and when
seated in the witness chair her arms rested
comfortably either IN her lap or on the
arms OF the big chair. When she was first
seated she breathed few heavy sighs and
was then ready to all appearances to &c
through the ordeal of telling a story which
rivals dramas of fiction and makes imsg.
NATIVE tragedies Of clever literary inventor,
look like a coarse grade OF melodrama.
Many Attorneys for Davis.
mony would be sensational and without
doubt Of Importance in the case, a battery
Of attorneys appeared for Davis. w. F
Gurley took the lead. He counseled nov
and then with John w. Parish and his Law
partner, J. W. Woodrough while Isaa,
CongdOn, attorney for the First Nationa
bank and one OF the attorneys for Davis
occupied a seat by Fred H. Davis vice pres
ident 81 the bank, ana listened intently I,
the testimony Attorney Frank S. Howell
was also seated with the Davis party, bu
st was said he was not Interested in tn,
case.
County Attorney English was assiste,
only BY Mr.. Ellick, who left when the ar
gumsnts began, leaving the county attorne,
alone facing the four attorneys for Davis
Both r. II. and Latham Davis, brother
OF the defendant. were with their brother
Charles H. Davis wore the same expression
less countenance. his white face looking
like mask were IL not for the light blu
eyes.
Mrs. Rice had not gone far with her stor
before Attorney W. F, Gurley made
plain that every question asked by tn
county attorney would have to be for
mulated that the woman might have n
chance to tell anything except about her
self and Dr. Rustin, or the battery OF at
torneys for Davis. with their fort OF la,
books, would begin defending
GurIey VIII object.
Now we are not going 20 object TO he
telling this story as long as II concern
no one but herself, but the moment sh
begins 20 tell anything about anyone els,
(conunued on Fourth PsxsS