Evening star., 1901-04-10
J. A. BAKER ON STAND
Former Attorney for W. N. Rice
Testi6es Today.
NAMED As EXECUTOR OF One WILL
He Declares Patrick Never Acted
as Attorney for Rice.
KNEW HIM SINCE 1891

| NEW YORK, April 1O.-The taking of ev-
| fdence in the commitment proceedings in
the case of Albert T. Patrick the lawyer
who is accused of having caused the death
! OF William March Rice, was resumed to-
| day before Justice Jerome
The hrst witness today was Capt. James
A. Baker. jr., a lawyer of Houston, Tex.
who was named as executor in the Rice
| Will OF 1895. Capt. Baker, in reply to ques-
tions by Assistant District Attorney Os-
borne. said that Patrick had never acted
| as attorney for Rice at any time. The will
| OF MIS- Lizzie Rice, wife of William Rice,
ne SAID. was offered for probate In Calves
| 'on' iexas. This will was contested by the
chifofen or Mrs. Rice. who employed A. T.
doit and Patrick as attorneys The wit
| ness appeared in these proceedings as at
| torney for William M. 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 his death, in September last
ae knew Patrick in Houston, Tex, as far
| s oack as 1871 The first news he received
OIL the death OF the aged millionaire was in
telegram sent him by Jones, the valet
he Immediately telegraphed Jones to con-
| fer with NJ S. Melvin to maintain the
status quo until he (the witness) arrived
| IN 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 1 met Patrick" said Baker. "he
| asked me to step into another room as he
wanted to speak to me alone. 1 said Mr.
Melvin should accompany us, but 1 went
| into back room with Patrick"
Tiff Between Lawyers.
During all the long ng-cross-examination of
| Jones. which ended only an hour before
| recess yesterday, Mr.. Moore made 1t ap-
parent that his sledge hammer questions
were all directed at one point. He sought
| to show that Jones' story was concocted
| at the instigation Of some of the men
interested in disproving the second Rice
VIII. He laid special stress on Jones con-
versations with Captain Baker, executor
| OF the first will. The cross-examination
| against Jones, MIR. Osborne and Mr.. Battle
| the latter Jones special counsel.
When at last Mr.. Moore said: I'VE are
| through with the Witness" Mr.. Osborne
| on the rebuttal, leaned back in his chair
and asked quietly:
Jones, to whom did you first tell the
story Of your having chloroformed Mr.
Rice? I mean the same story Won told
here?"
ITO Mr.. House," was the reply
The question apparently was a surprise
Mr. House flushed and looked hard at the
| table. Patrick tugged at his beard and
Mr. Moore sprang to his feet.
I'VE object to that question:" he shouted.
we have some rights in this court. Any
thing the witness said to his counsel in
wolves the prisoner. 1t Is a professional
! confidence, which must not be revealed"
But Justice Jerome only said, Objection
overruled." and Jones then described at
length his first interview with Mr.. House
| in the Tombs counsel room. On Patricks
advice he had told the truth, he said
II told Mr.. House that 1 murdered Mr.
Rice," said Jones. Il told him that gave
hlm mercury pills, where 1 got the chioro-
form, and all about it,"
Did you tell him about the oxalic acid?"
Mr.. Houses Reply.
"And what did Mr.. House say?'
HE told Patrick that 1t wouldn't do
for him to put all the blame on me; that
he was as much in 1t as 1 was"
Mr.. Osborne brought out the fact that
the talk with Mr.. House occurred several
days before the district attorney had the
| faintest idea that the prisoner would make
confession.
What did Patrick say to Mr.. House?"
Mr.. Osborne asked.
why, he explained that we had put Mr..
Rice out Of the way because the drafts
were coming due from Texas" said Jones.
| Court then adjourned until o'clock. A
few minutes later Justice Jerome went out,
and the court room was cleared of every
one save lawyers and reporters. Mr.. Os-
borne arose from his side Of the table and
started for the door. Mr.. Moore met him
at the corner of the table.
"Mr. Osborne" he began, in quiet
voice, 'I want to tell you that your con-
duct In making Jones tell about his con-
versation with Mr.. House was unprofes-
sional. 1t was not right"
The district attorneys face was GRIM
son in a minute. 'I only did it." he said,
because Of your insinuations that we con-
cocted Jones story You have cast re-
Elections upon Captain Baker. He is my
friend. I guard his reputation as zealously
as do my own"
At the mention Of his name Captain
Baker stepped forward and stood at Mr.
Osborne's elbow.
"You have not strengthened your case
any," continued Mr.. Moore. 'You have
only put Mr.. House in hole I tell you
it wasn't fair" .a
81 don't give d-n for the way you
do things up the state.' shouted Mr. Os-
borne, referring to MIR. Moore being a re-
cent arrival in this city. "You attend to
your own side of the case. If you had a
professional sense Of honor you would not
interfere with me in trying the case out
of court"
Assistant District Attorney Garvan then
stepped between the two men. Amid a
running fire of accusations and recrimi-
nations Mr.. Osborne went back to his Of
flee. Mr.. Moore followed him as far as
the hall.