Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-12-09
DAVIS CASE NEARS CLOSE
of Lawyers Will End Late
This Afternoon.
STATE ATTACKS MRS. ALLEN
Evidence of Woman who Said she
Saw AbbIe Rice Morning of Muir
der Disputed by Other
witnesses.

when Judge Sears adjourned court at
$50 yesterday afternoon two Of the at
torneys Alfred G. Ellick. for the state,
and j. w. woodrough, for the defense, had
concluded their arguments to the jury in
the Davis murder trial. This morning W.
+. Gurley, senior counsel for Davis, will
make his plea 10 the jury. occupying prob
ably the whole morning session. In the
afternoon County Attorney English will
close for the state probably taking the
rest of the day. At the close Of his ad-
dress Judge Sears will read the instruc-
tions. which will require a half hour, and
then the fate of Charles Z. Davis will be
put into the hands of the twelve Jurors.
]. w. woodrough. Davis Junior counsel
acted out before the jury in a dramatic
manner one theory OF the way DR.. Rustin
might have come to his death. Taking a
seat in front OF the Jurors with the re-
volver which served as an exhibit in the
case in his hand, Mr.. Woodrough went
through the motions Of shooting himself
in the abdomen. at the same time graph
ically describing to the Jurors the way DR..
Rustin probably sat In the steamer chair
on his front porch that fatal morning and
thought over his misdeeds.
WOOdrOugh Exploits suicIde Theory.
to work out any theory of how DR.. Rustin
was shot. the attorney pointed out alleged
weak spots in Mrs. Rice's alibi and de-
clared no reasoning man could say that
Charles z. Davis and not Mrs. Rice shot
Dr. Rustin. He deprecated the theory that
Dr. Rustln was thinking about his insur-
snce and his family because he had let
$4,000 in incontestible Insurance lapse a
few weeks before his death. After calling
attention to the dissolute life led by DR..
Rustin after his attentions to Abbie Rice
began. Mr.. woodrough continued:
"As he sat there in that steamer chair
what thoughts must have come to his mind
thoughts that life was not worth living
He, perhaps. took the gun out of his
pocket and looked at IT, He held II in
his hands propped up on his knees pointed
toward his abdomen. He pulled the trig-
ger and the deed was done. Then is when
| he began to think Of his wife and chill
dren. IT is then he thinks Of his insur-
ance. Then in that moment when his wife
finds him propped up in that chair
wounded she has him to herself. II she
says. They'll get nothing out of me- what
man could blame her.
''If one of US were found wounded on the
! front porch OF his home by his Wife in
| IN mi ru1,-J lie CT, &c In11S~r iAosrIy
murder would have sounded down the
| street II he said A man shot me-, there
were reasons. good reasons why that cry
did not ring out that night"
Mr. Woodrough declared a heavy man
like Davis could not have left the front
porch OF DR.. Rustin without attracting the
attention OF Martin Meyer, who was in the
room of the next house. Only a light,
nlmble woman. he said could have gotten
away without attracting attention II any
one could.
Witness Disputes Mrs. Allen.
The chief witness in rebuttal of Mrs
Allen. who testified she saw Mrs. Abbie
Rice, the states witness at Sixteenth and
Farnam streets at o clock. was Mrs. Mar
garet Anderson, to whom Mrs. Allen swore
she told the incident Of seeing Mrs Rice.
Mrs. Anderson declared Mrs. Allen had
never told her about the incident and had
only told her she knew DR.. Rustin
Other evidence was offered to show that
! Mrs Allen had worked In a house Of assig-
nation on Tenth street
-Four verdicts are possible in the case.
The jury may find for the defendant or
may find him guilty OF either first degree
or second degree murder or manslaughter.
County Attorney English had evidently
improved the opportunity overnight of
working up his case in reouttal, for he had
number Of witnesses on hand before
court opened.
Mrs. Eta l. Allen, the sensational wit
ness Tor the defense, was first called &c
the chAlr Tor further cross-examination by
the county attorney. Mrs. Allen admitted
she had done some work for Mrs. Lovett
ana that Mrs. Lovett's principal bushes.
was making dresses for women of bad
l CharRcfar he
sales for Mrs. Lovett TO such women. She
also admitted she had worked for Bertha
Busch In rooming house on Tenth street
She denied knowing It was a house OF as.
signation and said Miss Busch had told
her "a thousand times" it was a straieh,
place. 1t was brought out that Stella
Jones, another witness in the case and 3
maid at Clara Glsasons resort, was work,
ing at the Busch place
Mrs. Allen became indignant when Mr
= English asked her II she did not formerly
run place over the Hyde house in Lin.
coin. and he changed the Objectionable
word to 'rooming house" She said sh,
, ran one over the Booth Packing company
: store.
Didn't Officer Bentley Of Lincoln order
I you 10 leave town."
He never did at any time" she an.
, swered Indignantly.
MaEney Contradict Her.
George A. Magney. deputy county attor
: ney. was the first witness In rebuttaI. H,
said Mrs Allen had told him about seeins
woman at Sixteenth and Farnam streets
on the morning OF the murder and she sait
after learning Of the developments OF IN,
murder that 1t must be Mrs. Rice. He de
clared she did not tell him she knew III,
woman was Mrs. Rice or that she hae
ever seen the woman before.
, Mrs. Aliens testimony also brought Mrs
Abbie Rice back 20 the witness stand. sh,
denied being on Farnam street at the tim,
Mrs. Allen said she saw her or Of buying
a paper there Mrs. Allen described he
.. .. as wearing a straw hat with some draper,
hanging down behind It. Mrs. Rice sait
!, she did not wear a hat with any draper,
on She also denied Frank salyards' testl
mony that he had seen her standing a
= FOrtieth and Farnam streets at I:iO tina
: morning. She said she had no wrap O
coat, as he had testified. but she had Al
umbrella, some books and some picture
/ Of DR.. Rustin she wanted because of tn
associations.