The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-12-05
Her Story Was the Stellar At
traction for the Intelligent
Multitude
lccustUs STORY OF his
RELATIONS WITH RusIIn
Sensational Testimony Taken at Pre-.
liminary Offered in Evidence and
Read to Jury-Keepers Of Disorder.
" Joints Testify.

~ Joints Testify.
Omaha, Dec. 6-The attendance at
the trial Of Charles e. Davis, charg-
ed with killing DR.. Frederick T. Rus
tin, was not a. large today as here
tofore. The most interest had been
shown in the testimony of Mrs. Rice,
. the states chief witness and after
she left the stand yesterday there was
notable thinning out Of the crowd.
Contrary to custom, Judge Sears an
nounced yesterday that there would
be no Saturday afternoon recess and
the hope was expressed by the attor-
neys for the defense that all the tes-
timony would be in before the ad-
journment today. There is little doubt
that the arguments will begin Monday.
Clara Gleason, In whose house DR..
Rustin and Mrs.. Rice had rooms for
three days prior to the shooting Of
Rustin, was one OF the witnesses call
ed yesterday afternoon. She testified
that Mrs. Rice ;can1e to her room be.
tween 1870 and 11,.o'clock. She was
up all night and did not see Mrs.
Rice leave the house after that hour.
Stella Jones, colored servant at the
Gleason house. was called. Her testi-
nony aa' w 20 et n g sgTIoso sora atiye nstgEs. !
h0uses Id the rod light distrfct, ,stesti-
ned that Davis visited her place occa-
isionally. ff&osMns Ut her place on, ,1ftJ
day f0llowing the shooting Of RuStin.
She said he was In q nervous state
and walked the floor continually. "a
Davis Evidence
Frank j. Sutcliffe, a stenographer
who made the report Of the Davis tes-
timony at the coroner's inquest iden-
ttfied q typewriter transcription Of
that testimony which was read to the
jury. This stestimony was probably
the most sensational OF the trial, and
formed the basis for which the de-
fendant was charged with DR.. .Rustin's
murder. The evidence summarized,
admitted every point made by the
prosecution except that he had any
thing to do with the actual taking Of
Rustin's life. In substance 1t was as
follows:
Davis had known Rustin for several
years and had been under his treat
ment many times. He. had acquired
suicide mania and went to Rustin
for some medicine with which he In
tended to take his life. The physician
according to the testimony, went to
nearby drug store and secured 100
one grain morphine tablets and at
another a one ounce vial Of fluid
extract Of aconite.
Davis then had two drinks with
Rustin and the latter gave him the
drugs and put him on car which
went to the vicinity Of the dead ply
sician's home. Davis said he got OF
IN that vicinity and walked few
blocks beyond, where he took some
of the morphine tablets and laid
down under some trees to sleep. He
alleged he ,awoke after the cars had
stopped running, approximately 2
o'clock In thG morning and started for
his home down town. two and q half
miles away. He said he was awful
sick. Il never was 80 sick In my
life. ! vomited all the way home, J" he
declared. He could not Ak the time
definitely except that It was after the
C6TB DIUpVSu Iuuulu6s 110 b6lU nc
passed down Farnam street on his
way home and across the street from
the Rustin home.
81 The testimony also showed that Rus
Hin suspected he. (Davis) intends,, to
take his life and that he got on the
ear q block from Rustin's home about
11.30 at night. Davis admitted that
he: had been using drugs on several
occasions fora month previous to the
time Of Rustin's death. He said he
reached his room down town at late
hour, but he could not fix the time.
II was very late at night. however.
At the direct question as to wheth-
Or he had anything to do with the kill
ing Of DR.. Rustin negative reply
was recorded. The defendant sat
throughout the reading OF this testi-
monyr listening intently as the report.
Or read II. aasS
Detective Maloney was recalled and
testified that there are no trees on
the spot where Davis testified ct the
ooroner's Inquest he slept under the
trees. He also stated there was no
evidence of any person having lain!
xpWn In the weeds. 81 g !:
The state then offered In evidences.
! he fatal bullet the revolver, nsorphine,
3ablets, bottle Of aconite, the vest
Nofa Sby Rustin when he was shot and
/, ,lfumerous photographs Of the sur
Snundings Ia the vicinity OF the Rus
\ u home 81 lss stats then restsd g