The St. Louis Republic., 1901-11-26
RICE WILL CASE CALLED,
Two Witnesses Examined and An.
other Continuance Taken.
REPUBLIC SPECIAL.

New York, Nov. 25.-The first testimony
in the Rice will case, in which the probate
OF the two wills of William Marsh Rice is
opposed by attorneys representing several
interests, was taken before Surrogate Fftz-
gerald to-day.
Albert +. Patrick, who drew the second
Will, and is now in the Tombs charged with
the murder Of Mr.. Rice. was represented
IN court 10y the firm of CantweI & Moore.
William T. HOrnbower represented the ex-
ecut9f OF the first viii, dated 1886 which
mas been IN the custody of Captain James
a. Baker, Mr.. Rice's Houston. Tex, attor-
Iey. John NJ. Bowers represented the Rice
Institute of Texas, to which the bulk OF
Mr.. Rice's property was left by the will of
1916 Delaney NicOll and other lawyers rep
resented other heirs-at-law and minor bene-
hclaries under both wills
". T. Harmon was the first witness called
by Mr. Bowers. He is a bOokkeeper for 5.
VI SWensOn & Co. of No. Is Wall street.
where he has worked several years He
had Known Mr.. Rice in a business way for
eisnt years Mr.. Rice had done business
with the firm for a large amount, and kept
a deposit there. He was frequently at the
once. When he saw the 1886 will in court
To-Day. Mr.. Harmon said that he had seen
1t before, in the fall of 1896.
MT Wetherbee. the confidential clerk of
tne nfin, cailed me from the main office to
his own to witness MIR. Rice's will" said
the witness MIR. Rice stood not over five
ieet away. Mr. Wetherbee told me that
Mr.: Rice wished him to witness his will.
Mhich was lylnE on the table l entered
the room. Mr.. Rice signed the will and
Mr.. Wetherbee saw him do it.
The witness recalled that Mr.. Rice placed
a piece OF plotting paper in such a position
that the witness did not see the contents
OF the Will The witness said that the date
September 26, was written in Mr. Rice's
handwriting. Mr.. Rice's actions the wit
ness said, were rational. He knew him up
TO tine time of his death.
Walter .. Netherbee was caIlsd next. Mr..
Wetherbee said he had known Mr.. Rice for
nlteen years. previous to 1896. a deposi-
tor, and in other capacities. Looking at the
VIII, the witness said he had seen ii the
day iewas signed and told the same story
as Mr.. Harmon. He remembered the Incl
dent Of the blOtting paper with which Mr..
Rice covered the body of the will above the
signature. Mr. Rice appeared in his usual
health and condition OF mind
MIR. Bowers said he was ready to go on
with the case Mr.. Moore said he under
stood the case was to go no further, pend
ing a result of the criminal charges against
Patrick. Adjournment was then taken un-
Ill December 9. with the understanding that
even then no witnesses would be called.
According to schedules filed to-day by the
temporary administrator of the Rice estate
the value of the property left by the aged
recluse aggregates S6.0o0 900, of which S3,
co., ,Oo1 is in cash and securities which is
locked in the safe of the Morton Trust
Company. The remainder Of the estate con-
sists of real estate and other investments in
the West. 1t was for this stake that
Patrick is said to have played when he
formed the alleged plot which ended in the
old mans death.