Daily press. [volume] (Newport News, Va.) 1896-current, 1908-12-04
URcEo |aE WOMAN 70 shoot aIn
Female Witness Declares Doctor Was
Averse to Suicide Because II Would
Deprive Family Of Life Insurance.
Defense Fights Against Introducing
the Name Of Davis.
(By the Associated Press. }

OMAHA. NEB., Dec 3-The evil
dcncc given today by Mrs. Abbie b.
Rice and the vigorous efforts of coun-
sci for the defense to exclude that
part of 1t connecting Charles +. Da-
VS.. the defendant. with the killing
of DR.. Rustin. were the features Of
the trial OF Davis, for the physicians
murder on the morning Of September
9
Thirty days prior to the shooting
OF DR. Rustin did YOU observe any
marked change In his condition. his
demcanor. or his habits" inquired
Attorney English. Of Mrs. Rice.
The question was objected to hut
the court ruled that the state was
entitled to show the condition OF DR..
Rrstins mind in order to establish
that he did not wish to take his own
life.
Became More Despondent.
Mrs. Rice then stated that Rnstin
became more respondent and that he
began drinking more than usual
AT that time" she stated. he said
he wished to provide for his family
and suggested that | shoot him. say
ing he did not wish to commit sui
eide. as in that event Mrs. Rustin
could not collect his insurance. He
talked Of 1t continually and suggested
a plan BY which I should shoot him
In his Office. I promised to comply
with his request"
Witness told OF DR.. Rustin telling
Of his numerous financial obligations.
including "A note coming due at the
First National Bank.
"He then purchased a gun de-
clared Mrs. Rice II first saw the
gun the second day before his death.
He said it was the gun he was 10,
shoot himself with
Mrs. Rice quickly corrected herself
with the statement that she was to
shoot him with the gun.
Mrs Rice broke the gun. which
caused the proposed shooting to be
delayed.
eanished from Hotel.
The following Thursday the local
hotel management asked US 10 leave,
she nervously admitted; and we
went to the Millard."
1t was later decided, she sad. to
carry out the shooting at his home.
Mrs Rice then placed loaded
cartridge in her pocket which was 10
replace the empty cartridge after the
shooting. Mrs. Rice said: Il was
10 take my own life. and we decided
that IL all the cartridges. which were
found in the revolver were loaded 1
would not be suspected CT the shoot
ing.
instrue. ed to Shoot.
We then went TO the doctors
home and he went to the barn. l
was to have gone to the rear Of the
barn but a wagon passed and I be-
came timid and walked down Fsrnum
street a few blocks and waited for a
car. when the car came along ana
stopped for me. DR.. Rustin stepped
of. He got of and after scoiding me.
took me back to the barn. He entered
the front door and insisted on my
shooting him in the abdomen. saying
he would then live a few days and
be able 10 settle up his affairs.
said: Fred. can't do it. can't
harm YOU He was very angry and
We talked fer some time and returned
10 his Office down town"
Her evidence then showed that the
doctor and herself went TO q roomins
house where they spent most Of their
time for the next two days.
Plan Still Discussed.
A discussion Of the plan whereby
she was TO take his life continued
intcrmitting'y until Tuesday. Tsat
evening the doctor went TO his of.
fce. she followed a few minutes
later.
His mother was there" said MIS-.
Rice. while her eyes mois,cned.
Mrs Rice said she left the once
and returned later. Some man wss
in the private once. she TESTIFIED,
and Dr. Rus;in came TO see her
| In the operating room.
What did &c say TO your" asked
Mr. English.
Objection was made to this cues
ton ana arguments followed. II was
a; this point the prosecution proposes
for the nrst time to bring The name
Of Charles T.. Davis into the Csc