Daily Kennebec journal., 1901-04-11
PATRICK TRIAL.
Plain Talk Against Defendant
Made, Wednesday.
Shown that He Ha Great Interest in
Rice's Death.
Murdcr Charges srs Frc' Iy Made a'd Case Be
comes More Complicated.

| New York, April 1O-The taking of
evidence in the commitment pro. cca-
| ings i'm the case of Albert T.. Patrick.
| the lawyer who is accused of causin.
| the death of VIM. Marsh Rice, was re-
sumcd, today, before Justice Jerome
! The first witness was Capt James A.
Baker. Jr.. a lawyer of-Boston Texas,
who was named as an executor in the
i;:ce Will of 1896. Capt. Baker in reply
To questions by Assistant District At
| toEncy Osborne, said that Patr:cl, had
| EcTcr acted as attorney for Rice at any
| time. TIL" will of Mrs. Lizzie Rice, wife
OF VIM. Nj. Rice, he said. was offered
Tor probate in Galveston, Texas. by
| Lawyer y. Tholl. This viii was con-
tested by the children of Mrs. Rice.
| who employed Mr.. Holt and Patl ick
rs attorneys.
| The witness appeared in these pro-
| CcctlinSs as attorney for VIM. NJ Rice.
| the testimony in the case being taken
| in New York City. He also said he had
acted as Mr.. Rice'S attorney up t. The
time of his death in September last.
| He knew Patrick in Boston. as far
| back as 1891. The first news he rccciv-
cd of the death of the aged millionaire
WAS in a telegram sent by Mr.. Jones,
| the valet. He Immediately telcSraphed
Jones to confer with NJ. S. Melville to
| maintain the status quo until he (the
| witness) arrived in New York. He
reached this city on the Thursday iol-
lowing the death of Rice: went to
| berkshire apartment house at once and
met Patrick there. Mr.. Melvin was with
the witness.
| When I met Patrick" said Baker.
he asked me to step into another room
as he wanted tn speak to me alone. l
said Mr.. Melvin should accompany us.
but | went into Il back room with Pat
| rick.
Il was surprised to find Patrick in
charge there" said Capt. Baker. but
he explained TO me that he had been
trying to effect 4 settlement with Mr..
Eice in regard to the litigation over
Mrs Rice'S will. and that he had
agreed with Mr.. Rice. with whom he
said he had established friendly rela-
tions. that Mr.. Rice was to pay Mr..
Holt $3.50. 900 in settlement after his
death He also informed, me that i.lce
had lost faith in ne and for that roa-
son ne Tatrick was now acting as
Mr.. Eice'S attorney"
continuing, tapt. i'hktT Sdtl itdt
Patrick informed bin of Rice having
made Il will in 1900 in which Patrick
was appointed residuary legatee. and
that Baker was an executor.
| Patrick told me-" said the witness.
that it was Mr.. Rice's wish that l
should look after the estate in Texas
and that Mr.. Rice had made some as
signmcnts of property to him as Rice
/ tA nf tho dur
ing life. Patrick also said that he was
to exploit Ricc's name all over the
country as philanthropist He also
asked me about the cremation of the
body. hut I said that was matter :or
| Mr. Ricc's brother to decide.
II asked him to show me the will of
1900 and the assignments of property.
continued the witness. "and he showed
them to me: he demurred to giving
me copy of the will of 1900. He final
" gave me one but refused to endorse
! It as q true one.
Can't. Baker then went on to tell OF
| Patrck's having handed him several
papers for which he gave Patrick re-
ceipt. and these papers were subse-
uucntly lodged in n safe deposit Pat
| rick also turned over to the witness
| the two checks for $65.000 and s2o.e",
| MADE payable to Patrick and drawn
on the banking house of Swenson q
Co, and he invited Baker to invest'-
gate everything following. In addition
10 these papers Patrick handed over
to him Rice's watch and SO in caSn.
| Baker said he suggested to Patrick
| that in view Of there being two Wits
| # WAS better to have temporary ad-
| ministrator appointed.
| Patrick rcolicd that he was ind''f"fch'
as to whether either will was pr'pa'eo'
| but he. Patrick. wanted TO see that he go'
! what wa" right. He also informed me
| that it was Mr.. Riccs wish that his rcia-
| tions with Patrick were not made known
and that no person other than Jones. the
calet. had seen him in conversation with
Rice. Speaking of his talk with Patrick.
Captain Baker said:
| Patrick told me that if there was u De
any litigation over the wills that we had
| hest fight it out in Texas. where we hoti
were known. as the lawyers in New York
were too graSpinG.
| .Did Patrick ever tell you the cause OF
Mr.. Rices death? asked Mr: Cs2orne,
| Yes he said that Mr. Rice had eaten
! TOO MANY bananas was the rcDiy.
The viii of 1896 then produced and
| Mr. Osborne asked the witness NJ
| Ricc's Handwriting. Captain Baker re-
| piled in the affirmative.
The witness YVES then asked to look a.
| the two checks or Swcnscn Go. for
ss,5 900 and s6,e 500. drawn in Patrick's fa
yor. and he said that the signatures pur
porting to he Rice's were not genuine.
II asked Patrick to show me some let
tors and rapcrS.' said the witness. but
he refused and told me that his reason
for doing so was on account of my atti-
Jude towards him, which he said was
hostile.
This ended the dircc: cross-eXa Eination
of Captain Baker. and Mr.. Moore began
to crOSS-cyamlne.
Mr. Moore asked the witness several
uuestions rega riding tho taking OF tcsti-
monv in Mr. Rice's apartments relative
to the litigation of Mr.. Ricc's will. aai
can't Baker was unable 10 answer posi-
tivclv whether Mr.. Ric" was present Or
not during that time. lie said that the
,aking OF testimony at TIE Berkshire
aoartment house consumed two days.
iJi,st before recess was taken Morris
McTer. who with Snort and Patrick il
acc1Sc,I Of forgery in connection with the
will of 1910 and who was admitted 10 biIl
in sysDa. was re-arrested and the bail rails
nd 10 SiO0c0 by Justice Jerome. Shorts
haii also was raised to $i0Gn. This was
,he amount asked for in the first instance