New-York tribune., 1901-04-11
SOME VAPOR KILLED RICE
so SAY PHYSICIANS WHO MADE THE
AUTOPSY.

MoNY OF JONES AS TO FoRGERIEs- BAIL
FOR SHORT AND MEYERS RAISED.
Much interest was attached yesterday to the
evidence given in the Patrick case by surgeons
who had been present at the autopsy performed
on the body Of William Marsh Rice. whom his
valet admits he murdered with chloroform DR..
Edward Donlin, police surgeon. and former
Coroaer's physician. the first of these. He
said that on September p, 1900. he performed
an autopsy on the body of Rice. He found the
organs in good condition for a slight con-
gestion Of one lung. The heart normal save
for a slight contraction Of the pulmonary artery.
Assistant District Attorney Osborne asked the
witness a long hypothetical question. in which
he repeated the circumstances testified to by
Jones, and added:
Assuming all the circumstances to be true.
and that his body was embalmed few hours
after death, what would you then say the
cause Of Rice's death?"
Mr.. Moore, Of Patrick's counsel. objected. and
Justice Jerome sustained him. Mr.. Osborne sub
stituted "a man. for Mr.. Rice and the ques-
ton allowed.
'T should say" the witness replied. that
Death was due 10 the administration of the
poison"
This closed the direct examination. and Mr.
Moore began his cross-examination. in the
OF which the witness admitted that the condi-
tions present in the organs of Mr.. Rice might
have been caused by a number of diseases, but
that Mr.. Osborne: question excluding sickness
had prevented him from saying so on the direct
examination
The next witness was Coroners physician
Hamilton Williams. DR.. Williams testified that
in the autopsy he had found the organs of Rice.
except one lung. normal. The lung. he said.
congested
The witness then said that in his opinion the
congestion of the lung caused by some acrid
vapor, such from ether, chloroform or some
similar substance.
On redirect examination Mr. Osborne put his
long hypothetical question, assuming every cir
cumstance surrounding the physical condition
Of Mr.. Rice and his death which has been
brought out during the hearing. assuming
the time Of his death. and adding: What. under
these circumstances. would you say should cause
such mans death?" The witness replied: In
halation Of acrid vapor"
In the morning Captain James A. Baker. jr.
Of Houston, Tex. of the executors Of the
1896 will of Rice and one of the trustees of
the Rice Institute at Houston, Tex, after reat-
ing how he met Patrick here on the Thursday
following Rice's death the millionaire's house,
testified in part follows:
Patrick said he had waited TO see me alone.
When We had gone TO Of the rear rooms and
the door had been closed, Patrick SAID: Il suppose
view Of Your reiatons with is Mr. N % Rcs et Think
s esght S 70 1 give & you some ONE ] eApaEatio Patrick
Mr. Rice as representative Of Mr. Holt. ard that
they had become very ''chummy. lie said NJ
Rice and he had come 10 settlement in Ma:sh
1900. the litigation growing oIt Of the will Of
Mrs. Rice; that the sum settled upon ne was $50
600. but that the money not . be paid out
until after the death Of the aged millionaire
Patrick SAID the post lnortem checks which had
caused all the trouble in this matter had been made
that Mr.. Rice had lost confidence in me and my
firm, owing to the fact that while took
luncheon with q. r Holt. the Executor Of Mrs
Rice's estate: He said he tried to overcome his
Pat Parek % m fgrther tSld @ me thar M Rice RI HI had & %ae
made residuary legatee. had beer maze one Of
the executors the 1900 Will. and the commission
on the executorship was ) per cent Patrick said
he was made resduary lega;ee but tha- ne under
standing was ne should dispose Of all tce properly
In charity, so as 10 make the name o. lfIc" &noSn
all the world that of great phildnih:oi.st
There was no legal aon9 on nm 20 %, 90 So So hSi ne
fact that you have 70 10 all the hari work
OF the fee as an executor which will go % YOU
asked him; Patrick. why did you not get some OF
ms VII, ana 2e IfeS pr S b1 10 iye he crnana
uraily be denasnded?" p rick hen said Mr. Rice
had been very anxious that their relations should
except Charles T. Jones ever had seen him and
Mr. Rice together.
To Captain Baker then shown the crema-
ton letter the Patrick will'' and the general
assignments which are IN evidence. and he said
that in his opinion they had not been signed by
Mr.. Rice
Before adjournment Justice Jerome ruled that
in view Of recent testimony the bail in the case
OF Morris Meyers and David L. Short who are
charged with forgery IN the first degree as wit
nesses to the alleged false signature in the so
called Patrick WILL be raised from S3oo to
$4,000 Short has never furnished bail.
Meyers. who has been out on bail. vas therefore
-ecommitted TO the Tonbs.
The hearing will continue 10 O'Clock to-day.