The age-herald., 1901-04-11
DEATH RESULTED
 FROM GAS VAPOR
Physicians Testified as to Con-
 dition Shown by AutopSey
RlCE'SATTO TORNEY EXAMINED
Telephone Operators Were Also Called To Witness Stand-They TestI-
 fled as to Calls From Rice's
 Phone to Patrick's House.

New York, April 10-The taking of evil dence in the commitment trial of Albert Patrick, the lawyer who is accused of causing the death of William Marsh Rice. was resumed today before Justice Je- rome.
 The first witness today was Capt. James A. Baker, lawyer of Houston, Tex who was named as an executor in the Rice will of 1S96 Captain Baker, in reply to questions by Assistant District Attorney Osborne, said that Patrick had never act ed as attorney for Rice at any time. The will of Mrs. Lizzie Rice, wife of William M. Rice. he said, was offered for probate in Galveston, Tex This will was contest ed by the children of Mrs. Rice, who em- ployed A. T. Holt and Patrick as attor- neys. The witness appeared in these pro- ceedings as attorney for William M. Rice the testimony in the case being taken In New York City. He also said he had acted as MT. Rice's attorney up to the time of his death in September last. He knew Patrick in Texas as far back as 1S91 The first news he received of the death of the aged millionaire was in a telegram sent him by Jones, the valet He immed- lately telegraphed-Jones to confer with M. s. Melvin to maintain the status quo until he (witness) arrived in New York; He reached this city on the Thursday fol- lowing the death of Rice. and met Pat rick. MT. Melvin was with the witness
 Wanted Private Talk.
 When I met Patrick" said Baker. he asked me to step into another room as he wanted to speak to me alone. l said MT. Melvin should accompany us, but went into back room with Patrick"
 Colonel Baker described his converse tion with Patrick who informed him that Mr. Rice had lost confidence in the wit ness and had engaged him (PatricR as his legal adviser. The will of 1900 was produced by Patrick, who. after some objections, had given the witness copy, though refusing to endorse 1t as true copy of the will. The witness also re- ceived a number of Rice's papers from Patrick Patrick had told him he did not wish his connection with Rice to become generally known, and said that Jones, Rice's valet was the only person who knew of the relations.
 The 1896 will was handed to MT. Baker by the assistant district attorney, and the witness declared that the signature att tached thereto was Rice's. Then the Swenson checks were handed to the wit ness, who declared that the signatures purporting to be Rice's were forgeries
 Telephone Operators Called.
 At the conclusion of the cross-examina- ton of Captain Baker MT. Moore, for the defense, conceded that an autopsy had been held on the body of Rice.
 Annie McHugh. Bessie Power and Leah Petzner. operators In the Thirty-eighth street telephone exchange, were called and testified to having stamped slips re- cordng calls from Rice's phone to the one in the house where Patrick lived
 Dr. Edward J. Donln, one of the sur geons of the police department, testified that he was deputy coroner of this county in September of last year and per formed an autopsy on the body of Rice. He found the body in a well preserved state; the lungs were slightly congested and the other organs for man of Rice's age were normal. The intestines were shriveled up, as the body had been em- balmed. MT Donlin said the congested condition of the lungs was such as would have been produced by inhaling an irri- tant gaseous vapor, such chloroform. There were diseases which might produce this congestion, but no traces of such dis eases were found in the organs.
 Dr. Hamilton Williams. coroner's physician, who assisted Dr. Donlin In the autopsy on MT. Rice's body. corroborated Dr. Donlin's testimony regarding the cor- dition of the organs and the congestion of both lungs, and he said he found no traces of disease which would bring about such congestion of the lungs. In his opinion the congestion was caused by the inhalation of some irritant or acid vapor, such as chloroform or ether.
 When the examination of Dr. Williams was concluded court adjourned until to- morrow.