The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-03-27
Also Attempted te Cash Two Bank
Checks for Patrick After the
Alleged Murder.
BOTH WE'RE SIGNED BY RICE
But NEITHER WAS PAID, ALTHOUGH
ONE WAS CERTIFIED.
MIR. Patrick Had Not Told Him Rice
Was Dead-TestimOny of Morris
Meyer, a Young Lawyer.

NEW YORK, March 26-A1bert T. Pat
rick, the lawyer who is accused of muir
dering William Marsh Rice, the aged
Texas millionaire. last September. was CIV
en- a preliminary hearing before Judge Je-
rome sitting as a committing magistrate,
to-day The charge against Patrick IS
based on affidavits made by Charles +.
Jones, a valet in the employ of the late
millionaire at the time of his death, and
by Professor Witthaus, an expert chem
ist Assistant District Attorney Osborne
and Deputy Assistant Garvin appeared for
the district attorney. F. B. House and
Robert F. Moore appeared for Patrick.
The first witness was David l.. Short,
a publisher of Brooklyn Short said he be-
came commissioner of deeds of Texas,
at the suggestion of Patrick. Jones was
introduced to him, he said, as the private
secretary of wealthy Texas client of Pat
rick's The witness admitted that on sew
eral occasions he had left his official seal
at the apartments of Mr.. Rice after trans
acting business there. Witness said he had
never acted as a commissioner for any
one, except Mr.. Rice, and that was at the
request of Patrick. Witness had never
seen Patrick at Rice's house until after
Mr. Rice's death. Jones was excluded
from the courtroom while the witness was
testifying. The witness identified a paper
that he had acknowledged commission
er of deeds. The paper was offered in evil
dence by the prosecution, who expected
tc prove that it was forgery.
The counsel for the defense objected on
ground of irrevelency. and the paper was
excluded temporarily. The prosecution
brought out from the witness that he had
been at Mr.. Rice's on business on May
26, June 80. Sept 7, Sept. 19 and Sept. 21-
two days before Rce's death Short said
he might have been at the house of Mr..
Rice on other occasions He had wit
messed several assignments of property TO
be filed in the State of New York.
Before the afternoon session, Prosecutor
Osborne said the prosecution had about
thirty witnesses, and that among them
were Morris Meyer, the former law part
ner of Patrick and DR.. Walter Curry, who
was Rice's physician. DR.. Curry's testi-
mony may have to be taken at home. as he
is sick.
SHORTS STORY RESUMED.
Short resumed the stand and said he had
| failed to find the book In which he put
| down the dates he had visited Rice's house.
ION June 80 you said you had acknowl-
| edged these papers for Mr.. Rice?" asked
Mr. Osborne.
YES" He also said he had witnessed
| another will.
| did you see Mr.. Rice sign those papers,
| including the will?"
Short said he did. He said he signed the
| three documents and Rice then said: Gen
| tlemen, while you are here, L want you to
| witness another paper, my last will and
| testament"
| The witness then said Rice handed the
| will to Meyer, Patrick's law partner, who
| glanced it over and returned it and Rice sat
| at his desk and signed all the papers.
Meyer and Short then signed witnesses.
| Osborne handed witness the WILL which he
| identified. The witness also identified these
| other papers which he had executed rs
| commissioner on June 80. When the will had
been executed it was handed to Meyer to
| take to Patrick's Office.
| Ibid Mr. Rice say anything to you regard
| ing the will?" asked Mr. Osborne
"Yes. he asked me not to say anything
about it until after he was dead and
| gone
| Mr. Osborne then examined Short at
| length on his last visit to the house of
| NJ. Rice, on the 21st of September, two
| days before the death of Mr.. Rice Mr..
| Osborne then passed over TO the incidents
| following Immediately upon the death of
| Mr. Rice. Witness related how he had been
sent to Swenson & Sons TO cash a check
! for S25 900. He did not know that Mr.. Rice
was dead at the time Patrick had not told
| him.
80 you are positive Patrick sent you TO
| cash Mr.. Rice's check for $4,000 and did
not tell you he was dead? Are you sure of
this?" asked Mr.. Osborne.
"I am said the witness emphatically
The witness related how Swenson q Sons
| had refused to cash the check and said that
he had learned of Rice's death at their Of
flee Subsequently witness told how he had
been given a check for sl35.O00 on the Fifth
| avenue Trust Company, which he had taxi
| en- TO the office of that company TO have
| IL certified He succeeded in having the
| check certified. Witness admitted he had
| not mentioned the fact that Rice was dead
| at the bank The two checks were placed
| in evidence.
Patrick, the witness said, upon his return
| from the office of Swenson & Sons. had
| informed him that Rice was dead had
| passed away early on Sunday afternoon -
The hearing was adjourned until o'clock
in the evening.
MORRIS MEYERS TESTIMONY
The first witness at the night session was
Morris Meyer, lawyer. who had served
as a clerk in Patrick's Office. and who had
charge OF Patrick's affairs after the lat
| ters arrest. He said all Patricks books
| and office effects were sent TO Patrick 8
house. He had been introduced TO Mr. Rice
| by Jones, the valet. The witness claimed to
be familiar with Mr.. Patrick's writing,