New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-10-10
JONES NOT IN SECOND WILL
PATRICK INSTRUCTED TO FOUND A RICE
CHARITY HERE.
LATER INSTRUMENT DEvIsEs TO REr-
ATIvEs MORE THAN DID THAT OF 1855
PATRICK KNEW OF JONES AP-
PREACHING WETHERBEE.
PREACHING WETHERBEE.

PREACHING WETHERBEE
Every phase that is developed in the struggle
which has been begun for the possession OF the
Rice millions adds 70 the interest of the case
and serves TO show how keen will be the Aebt
between the rival claimants Cor the estate So
far both sides have rigidly refused 10 make
known the contents of the second will, except
to intimate that the principal beneficiary named
in 1t was Albert T. Patrick Further the inter
ests opposed 10 Patrick have not hesitated 70
express their opinion that the will is a bogus
one. and it is the theory Of the prosecution
that TO pay the expenses Of the contest which
they knew would he instituted in the courts
Patrick and the valet. Jones. forged the checks
and assignments whereby they sought to obtain
a large amount Of ready money
Despite the secrecy which has been main
tained regarding the second viii. knowledge Of
some of its main provisions was obtained yes
terday from absolutely authoritative source.
It was learned that under the terms OF this VIII
Patrick would become possessed Of nfne-tenths
OF the Rice property. He is named as residuary
legatee. but it does not appear that the money
is left for the personal use of Patrick inasnuch
as it is provided that he shall perpetuate the
name of the testator in some worthy charity
Just what conditions were imposed upon Patrick
in this respect could not be definitely ascer-
tanned But one striking feature OF this WILL in
view of the accusat tions which have been brought
against Jones' is that he does not benefit BY IT
to the extent of a dollar. His name Is omitted
| entirely.
LARGER LEGACTES FOR RELATIVES
Again. all the relatives Of Mr.. Rice who are
| remembered in the 1895 will have devised to
them considerably larger legacles in the alleged
spurious will. while Captain Baker and William
NJ. Rice. jr.. a nephew of the dead millionaire
are apDOinted executors he e-raat
teriaI difference between the two wills is that in
the first the William NJ Rice Institute OF Hous-
ton. Tex, Of which Captain Baker is president
is named as the residuary legatee. while in the
| second Patrick becomes the residuary legatee
and, according to the construction placed upon
the will by his friends. in order that the charity
which Mr.. Rice wished to have founded to
| perpetUate his name. should he established in
/ New-York
/ The second will Captain Baker and his -ad-
visers say is fraUdulent-that it was forged. in
/ fact. Opposed to this theory is the evidence Of
! Meyers and Short, the two nOtaries who say
/ that they actually the old man sign the will
There is the case in a nutshell Patrick as
| serts that the Rice Institute is merely a paper
corporation. that 1t has president. trustees and
/ directors but no institute. On the other hand.
| it is contended by the opponents of Patrick that
the second will was so drawn as to give IL the
a New York charity. but that if the will should
be upheld by the courts. Patrick. availng him
| self of the wide latitude that is given him
under its provisions. might determine that.
charity begins at home, more worthy recipi-
ent of the Rice money could be found than him
| self
| Some further details were obtained yesterday
| of the contents of the affidavit presented to the
police authorities wherein Walter o. wether-
& Sons. swears that he was approached some
! time ago by Jones with proposition TO ConcOct
| a will which would purport TO be that of Mr..
| Rice The meeting between Jones and Mr..
/ Wetherbee took place some weeks prior to June
| 30 1900 Mr.. Wetherbee's house was the meet
| ing place. Jones suggested that Wetherbee
/ Should become an executor of the old mans will.
| Wetherbee was somewhat startled at the pro-
/ posaI and asked the valet To make hts meaning
| clearer.
What I mean is this Jones said in effect. It
| is alleged. that I have the old man under such
control that I can get any one named as ezeeu-
| tor that I wish. If you would like to be an
| executor I can fix it all right" Jones then re-
minded Mr. Wetherbee that the executorshp
of the estate would mean the pOcketing OF very
large fees and the bargain he wished 70 make
was that the two should divide those fees.
Wetherbee reported this matter to his en-
/ DIOver who in turn conveyed the tn1ormaIiOn 70
Mr. Gerard of the law firm OF Bowers s. Sands
Upon Mr.. Gerards suggestion, an account Of ths
happening was reduced to writing in the form OF
an affidavit
PATRICK KNEW OF JONEs's SCHEME
That Patrick had knowledge OF the negotia-
tions which Jones opened with Mr.. Wetheroes
would seem apparent from the nature OF the
first interview which the lawyer had with Cap
tain McCuslly. On the night OF the opening Of
the strong box in the vaults OF the Safe Deposit
Comnanv Of New-York Captain NGcClusky sent
for Patrick to visit him at Police Headquarters
Patrick went. accompanied by his attorney. John
ports Patrick. at the Captains request. re-
lated the whole story IF his acquaintance with
Mr.. Rice and Jones. and wound up by saying
THE anirnus Of this thing is found In the Of
ace Of s,venson & Sons. Their man Wetherbes
had a very peculiar transaction with a bond be
longing to Mr. Rice This man Wetherbee also
saws that Jones made a proposition TO him that
a bogus will should be drawn up Now. what
standing would man Of that kind have IN court?
Why didn't he do his duty and inform Mr.. Rice
and his employers about the OcCurrence?
He did" interjected Captain AIcClusky.
He dld?" Patrick responded in a surprised
tone.
Yes: and after informing his employers. he
made an affidavit and that affidavit is in safe
keeping"
1t is?" Patrick is reported have exclaimed
with gasp of astonishment
1T is repeated McClusky.
Well what does IL mean-this keeping secret
the affidavit until MOVE" asked Patrick
1T means that YOU are under arrest" an
swered Captain McClusky. and few minutes