New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-10-16
RICE CHECK IN COURT.
SwENSoNS TELLER NOT WILLING TO
SWEAR AS TO SIGNATURES
GENUINENESS

The opening phase Of what promises to be
long and costly legal struggle for the posses
sion Of the Rice millions was begun yesterday
when Albert T Patrick and Charles F Jones
who were employed by the late Mr. Rice in
the respective capacities of attorney and sec
Rotary We're brought up in the Centre-st. police
court on the charge Of forging the dead mans
signature TO a check for $4,000 Only one wit
ness was called. That was John H. Wallace
the paying teller for the banking firm OF Sven
son & Sons, who related the circumstances at
tending the presentation Of the check and told
also Of the peculiar action Of Jones. when in
quiries were made over the telephone in ap-
parently seeking to keep the fact Of Mr. Rice's
death secret until the check had been cashed.
It cannot he said. however. that Mr.. Wallace
proved an altogether strong witness for the
prosecution. In cross-examination by Frederick
B. House he would not positively that
the signature upon the check was in his opinion
6 spurious one. Further, when Mr. House hand
ed 10 him several envelopes in each of which
an oblong hole had been cut to expose sigma
lures Of the aged millionaire Mr.. Wallace would
not be positive as 10 the genuineness of any Of
The writings although it is presumed that some
Of the exhibits authentic and some pur-
loosely made copies Of Mr. Rice's signature.
In response TO Mr.. Osborne's questions regard
ing the presentation on September p of the
J. Patrick" MIR. Wallace testified that it was
offered by David L. Short behalf of Mr..
Patrick. The witness said that he and Walter
Q, Wetherbee compared the signature on the
check with other Rice signatures in the Office
and while this inspection being made it was
found that, while the name OF the payee on the
face Of the check was spelled Albert" the in
dorsement on the back vas Albert" Although
the witness said he had his suspicious that
there was something wrong about the check the
only objection he had to certifying ii the
variation referred 10 in the spellings of the name
He advised Short to take the check back 10
Patrick 10 get the Endorsement rectifed. Sub
seQuently Short brought back the check. and
after comparison again with other signatures OF
Mr. Rice il was still considered unsatisfactory,
and therefore Mr. Wallace sought to speak with
Mr.. Rice by telephone
I don't remember" the witness testified
whether or not ] asked for Mr.. Rice or Jones
but Jones answered the call l know it was
Jones. because recognized his voice. / told
Jones q bout the irregulauty in the endorsement
Of the check. and he replied It's all right II
there is any mistake II is my mistake / filed
out the check and know that II is all right.
I reported the conversation to Mr. Swenson
and he directed 10 go 10 the phone again
and communicate personally with Mr.. Rice /
did Jones. nearly as l can reCOlleCt started
10 say that it would be difficult 10 get Mr.. Rice
20 the phone il would trouble the old man
too much. I cut him short and told him that
Mr.. Swenson insisted upon talking TO Mr. Rlce
personally before the check would be certified.
! told him when ne got Nj Rice TO call US |
did not hang the receiver up. because did
not wish 10 lose the connection. Then told Mr..
Swenson what had happened. He thereupon
ordered another clerk named Findlay 10 go 70
the phone and demand talk with Mr. Rice.
Findlay did So and a minute two later re-
ported 10 Mr. Swenson Jones says that Mr..
Rice is dead. that Le died about o'clock last
night. NJ. Swenson then cancelled the rubber
stomp Of acceptance on the check. which was
gwen back 20 Short with the iEtimation that II
could not he certified About forty minutes later
NJ. Patrick himself came in to see Mr.. Sven
So. / did not have anything more TO do with
That ended Wallace's direct examination, and
Te vas taken in hand by Mr.. House He ad-
1,itted To counsel for the defence that his sus-
ricfons with regard to the check were based
upon the discrepancy in the spelling Of Patrick 8
first name
would YOU he willing 10 swear positively that
this is not Mr. Rices signature? Mr.. House
asked handing the check to the witness.
y would not swear positively.
You are familiar with the signature?"
Yes"
well, are you prepared to swear that it is
not Mr. Rice's signature2'
Il am not willing to swear
Further examination in the case was post
Ioned until 10 o'clock this morning.