Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-09-11
SAW MAN LIKE DAVIS
Doctor, Hurrying to Rustin,
Had Encounter on Street.
NEW CLUE IN MYSTERY
Dope Fiend Formally Accused of
Murder.
BROTHERS GIVE $1,000 BAIL
81 $, 900 in Debts Left by Slain Ply
sician-Biggest obligation
Was to Bank.
NEW CLUE IN MYSTERY
BROTHERS GIVE $1,000 BAIL

OMAHA, Neb., September 11.-"Tha,
! looks like man I met coming from the
Rustin home the night of the murder
said DR.. ]. P Lord to the chief of police
when Charles e. Davis, under arrest
charged with the murder of DR.. Freder-
| ick Rustin, was brought before the court
this morning for arraignment.
| This was the first time DIR. Lord had
| been confronted with Davis. This identi
| ncation of him as the man he saw stag
gering down Farnam street, coming from
| the direction of DR.. Rustins home, anC
only four blocks from that point. within
! quarter of an hour Of the time the
shot that killed the doctor was fired or
the night of September is one of the
| strongest links tending to connect Davis
! with the death Of DR.. Rustin.
| Davis came to the police station today
accompanied by his millionaire brothers
| to plead to the charge of being a sus-
| plciouS character which was filed against
him some days ago. AS soon as he en-
tered the building he was rearrested on
a charge of murder in the first degree
and was brought before the court for
arraignment
Davis Shows Emotion.
Standing before the bar Davis listened
intently to the reading of the complaint.
He was pale, but self-possessed. AS the
reading progressed a red hue overspread
his face. At the words, charge the said
Davis with willful and deliberate murder, -
he swallowed convulsively and his lips
twitched violently.
Immediately after the reading of the
complaint and the answer of mot guilty.
entered by Davis attorney, an application
was made for ball. County Attorney Eng
lish advised the court that under the Ne
braSka laws charge of murder in the
first degree was baiable in cases where
the evidence was not conclusive, and rec
commended that a sufficient amount to Sc
cure Davis attendance in court when
wanted be named.
Make 1t as large as you please. We
will give it," answered Latham Davis.
Seven thousand dollars was fixed as the
bail and Immediately arranged by the
Davis brothers. The hearing was set for
September "a.
Davis was released and left the Jail ac-
companied by his two brothers and his
attorney.
New Clue in Mystery.
The most important evidence in the Rus
tin death mystery since the weird story
told by Mrs. Rice is contained in the
statement of DR.. Lord. that, hurrying
from his home to the Rustin home soon
after the shooting. he met and passed a
man on the street who, according to Lord,
answered the description of Charles Davis
under arrest in connection with the MUIR
der
This man, says DR.. Lord. was coming
from the direction of the Rustin home and
was only three blocks from the place OF
the shooting when first seen by the phy-
sician.
Dr. Lord declares he told the police this
story on the morning of the murder and
has told them twice since then, as well
as having telephoned the information to
police headquarters. But the evidence was
not presented to the coroner'S jury nor to
the prosecutor when the inquest was be.
ing held. DR.. Lord says:
II was hurrying to the Rustin home
where 1 was called by Mrs. Rustin by tele
phone. ! was walking in the middle OF
the street. Three or four blocks from
there | saw a man coming toward me or
the sidewalk Instinctively l connected
him with the shooting of Rustin and paiC
particular attention to his actions
THE man walked heavily. as though
drunk or drugged. He lurched unsteadily
along the street"
Rustin Heavily in Debt.
DR.. Rustin's debts amounted to abou,
$4,000 according to Mrs. Rice. She says
Fired told me that last day that his
debts amounted to about 15.OOO. The big
gest debt was to the First National Bank
where Davis works and where Davis
| brother is vice president
The Davis family are arranging to fight
to the limit for the liberty of Charles
Davis. His defense will be an alibi, it is
understood.
lat har Of ho I'll
believes his brother was a dupe of Rustin
and that the doctor, In a cunning coul
right on the threshold of death, deliber
ately planned the poisoning of Davis, 81
| that when both were dead the next morn
| ing the testimony of Mrs. Rice would poin
the irrefutable finger of guilt at Charlie.
| Davis.
II believe" said Latham Davis. "tha
| DR.. Rustin planned to have himself anC
| my brother die simultaneously. so thai
neither could tell the story and that there
| could be no one left to deny the story
which Mrs. Rice has told, and which SHE
| evidently honestly believes.
1T seems entirely reasonable to me tc
| believe that DR. Rustin took advantage o
| his knowledge of my brothers desire Il
die to turn Charles death to his own ad
vantage and thus cover up his own sui
eide
Chief Detective Savage does not believ,
| in the guilt of Davis. and says:
| Il don't believe that man had anythin,
| to do with the killing of Rustin. He i.
under arrest, but they will never sticl
| him for the murder. because there is II,
evidence against him"
Davis Inmate Of Insane Asylum
BOSTON. Mass. September 11.-Charle:
Edward Davis, arrested In connection will
the Rustin murder case in Omaha. was
resident of this city from 1900 to 1902. anc
! for several months in 1902 was an inmat.
of the Mclean Hospital for the Insane a
| Waverly.
| While residing at Haddon Hall. fam
| lily hotel in the Back Bay district, hs
plunged a knife into his breast. but wa:
prevented from ending his life by a watch
| man.
An investigation was then made of hi:
| sanity. and he was committed to the Nc
| Lean Hospital February IS, 1902 He wa.
| discharged as cured October II of the
same year.
Clerice, the Composer, Dead.
! TOULOUSE, September 11-Justin Cler-
| ice. the composer. died here yesterday.
| He was born in Ruenos Aires in 1883 and