Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-04-05

the witnesses of the 1896 will. Later
on he was called upon by Mr.. Battle,
his present counsel.
What conversation took place be-
tween you and Mr.. Battle?" asked Mr..
Moore.
After Captain Baker had introduced
me to Mr.. Battle he went away. Mr..
Battle then said he understood from
Captain Baker l wanted him to repre-
sent me. Mr.. Battle said he was will
ing to become my attorney, and would
do his best for me-"
"Mr. Battle" the witness continued,
asked me where l had the knife with
which l cut myself, and where | got 1t.
l told him."
when did Captain Baker call
again."
ITO the best Of my recollection he
returned the same evening, accompa-
MED by Mr.. Battle"
Mr.. Moore tried to, draw from the wit
ness an admission that Captain Baker
on his first visit to Jones in the hos
pital had suggested that the latter en-
ploy separate counsel.
Il do not think he did," witness an
swered.
Mr.. Moore objected to the qualifica-
ton with which almost all of the an
swers of the witness were prefaced.
Give me a responsible answer"
said Mr.. Moore. did you ask Captain
Baker in substance to get you an
other lawyer"
Il asked him to send me some mem
bers of the Weeks & Battle firm, yes"
Witness said MIR. Battle called on him
at the hospital three times. On his
second visit, witness said, Mr.. Battle
was accompanied by his (witnesS)
father, who lived near Houston,
Texas.
Witness said he did not do any writ
ing at the time, but had a conversation
with his father about family affairs.
Il felt bad" said Jones, land my
father was very much distressed. l re-
ferred my father to Mr.. Battle for any
thing regarding the Rice case"
ibid o expect him to tell your
father all in regard to the murder of
ycur b~enefactor, that you had told
him."
Jones said that he had thought that
was the understanding.
Had you told Mr.. Battle the same
story about the murder as you told
MI. Osborne on October 2Sth?" asked
Mr.. Moore.
Yes, [ had"
Then" said Mr.. Moore, ION that
evening you were quite determined to
deceive your own father; you were will
ing that he should be told a lie?"
Witness did not reply.
Mr.. Moore insisted that a direct an
swer be given and Justice Jerome fin
ally put the question to the witness
himself.
Were you willing to deceive your
father?"
Il was on that OCCASION" witness
replied.
when you made your first state
ment to Mr.. Osborne, did he not tell
you that you lied"
TO the best of my recollection. he
said that had made a fictitious state
ment, and that it could not be corrob-
GRATED"
Did not Mr.. Osborne say you would
both be punished if you did not tell
the truth?"
Il think not"
Mr. Moore next brought out the let
tiers which were written by Jones be-
for he tried to cut his throat, and
which were left in his cell when he
was taken to Bellevue.
Witness said they were returned to
him there by a man he did not know.
He could not describe the man.
Jones said it was true that in the
statement of his own case which he had
made to his counsel, he told a false
hood, in stating that Patrick had kill
ed Rice.
You deceived even YOU own law
yer?" asked Mr.. Moore.
At this point Justice Jerome inter-
fered. This witness is a weak, wick
ed and unfortunate man. He is a self
confessed murderer and deserves con-
tempt, but 1 won't allow you to insult
him.
Lawyer Moore said: Here is a SOL
emn statement about a cold-blooded
murder. My client is directly concern
ed n am not asking too much in
demanding that it shall go on the
record that it is a f~alsehood."
Justice Jerome then allowed the
question and Jones said he had de-
ceived his attorney.
"A SCdteIItlII Hudue DN Jones 10 his
present counsel. Mr.. Battle, was read.
Melvin Dalberg, of Patrick's counsel.
began the reading of the paper. but
had some difficulty in d~eciphering it
and Patrick took up the reading and
finished it. This is the first time that
Patrick's voice mas been heard in court
In the statement Jones alleged that
Patrick killed Rice.
At the afternoon session Jones said
he saw Captain Baker at the House of
Detention after his first statement to
MIR. Battle. Captain Baker said at that
time that he believed Jones told a false
hood when he had said Rice signed the
Patrick will when he was sleepy.
What did you say when CAPTAIN
Baker said Rice had no signed the
will and checks?"
Il insisted the signatures were genu-
inc"
Witness admitted that in the state
ment he made to Mr.. Osborne in the
Tombs, he charged Patrick with muir
dering Mr.. Rice.
He did not know that if Patrick was
convicted of that murder he could not
under the law be a beneficiary under
the will.
What motive had you in making
such a statement"
7 suppose my first object was to