Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-04-11
PATRICK NEVER ACTED As !
ATTORNEY FOR WIN. RICE.
GAIT. JAMES A. BAKER, JR.. TELLS
OF HIS MEETING WITH PAT
RICK IN NEW YORK.
WAS NOTIFIED OF THE DEATH
BY VALET JONES, AND FASTENED
TO NEW YORK TO SIT THINGS
IN ORDER


of evidence in the commitment pro-
ceedings in the case of Albert t. Pat
| rick, the lawyer who is accused of hav-
ing caused the death of VIM. Marsh
Rice, was resumed to-day before JUS
! tice Jerome.
| The first witness to-day was Captain
| James "A. Baker, Jr., lawyer, of Hous-
| ton, Texas. who was named as an exec
| utor in the Rice will of 1896. Captain
Baker, in reply to questions by Assis
| tant District Attorney Osborne, said
| that Patrick had never acted as attor-
| ney for Rice at any time. The will of
| Mrs. Lizzie Rice, wife of VIM. NJ Rice,
he said, was offered for probate in Gal
| weston, Texas This will was contested
| by the children of Mrs. Rice. who en-
ployed A. T. Holt and Patrick as at
torneys.
! The witness appeared in these pro-
| ceedings as attorney for W. NJ. Rice.
! the testimony in the case being taken
in New York city. He also said he
had acted as Mr. Rice's attorney up
| to the time of his death in September
last. He knew Patrick in Houston,
| Texas, as far back as 1891 The first
news he received of the death of the
aged millionaire was in telegram
| sent him by Jones, the valet. He i'm
mediately telegraphed Jones to confer
| with NJ. S. Melvia and to maintain the
stauts quo until he (the witness) ar
rived in New York. He reached this
city ON the Thursday following the
death of Rice. and met Patrick. Mr..
Melvin was with the witness.
| When | met Patrick" said Baker,
| he asked me to step into another
room, as he wanted to speak to me
alone [ said Mr. Melvin should accom-
pany us, but | went into back room
with Patrick.
Col Baker detailed mis- conversation
with Patrick, who informed him that
Mr.. Rice had lost confidence in the
witness and had engaged him pat
rick as his legal advisQr. This will
of 1900 was produced by Patrick, who
after some objections had given the
witness a true copy of the will. The
witness also received a number of
| Rice's papers from Patrick Patrick
had told him he did not wish his con-
nection with Rice to become generally
known and said that Jones, Rice's val
ct, was the only person who knew OF
the relations. The 1896 will was hand
ed to Captain Baker by the Assistant
District Attorney and the witness de-
clared that the signature attached
| thereto was Rices Then the Swenson
| checks were handed to the witness who
| declared that the signatures purporting
| to be Rice's were forgeries.
On cross-examination Captain Baker
said he had not known that Rice had
a mania for making wills, though dur
ing the Holt litigation which was over
the will of Mrs. Richie had learned
that Rice made several wills between
the years of 1873 and 1896.
At the conclusion of the cross-exam-
ination of Captain Baker, Mr.. Moore
for the defense, conceded that an au-
topsy 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 recording calls from Rice's tele-
Patrick lived.
Dr. Edward ]. Doniin, one of the
surgeons of the police department tes-
titled that he was a deputy coroner
of this county in September of last
year and performed an autopsy on the
! body of Rice. He found the body in
well preserved state, the lungs were
slightly congested and the other or
gans for man of Rice's age were nor
| NAL. The intestines were shrivelled up
as the body had been embaImed
Mr.. Osborne then propounded a very
lengthy hypothetical question TO which
Mr.. Moore objected, but finally DIR.
Donlin said that the congested condi-
ton of the lungs was such as would
have been produced by inhaling an IT.
ritant gaseous vapor such as chloro-
form. There were diseases which
might produce this congestion. but no
traces of such diseases were found in
the organs.
DR.. Hamilton Williams. eoroner's ply
stefan, who assisted DR. Donlin in the au-
topsy on Mr. Rices body corroborated
DR. Donlin-s testimony regarding the con-
dition of the organs and the congestion OF
both lungs. and he said found no trace
of disease which would bring about such
congestion of the lungs 1t his opinion.
the congestion was caused by the inhala-
ton of some irritant or acrid vapor, such
as chIoroform or ether.
When the examination of DIR. Williams
was concluded the court adjourned until
tomorrow.
CANNON RALLIED SLIGHTLY.