The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-04-12
THE STATE LINKING ITS CHAIN
AROUND THE DEFENDANT.
TESTIMONY OF JAMES A. BAKER.
As Attorney for Rice He Visits the
House Where He Finds Patrick He
Tells OF Statement Made by the De-
fendant-Th6 Autopsy Indicates Use
OF Chloroform-Shor1 and Never Re-
arrested and Their Bail Increased to
Ten Thousand Dollars.

New York, April 1O.-The taking of
evidence in the commitment proceed
inSs i'm the case of Albert T. Patrick,
the lawyer, who is accused of having
caused the death OF William Marsh
Rice, was resumed today before JUS
tice Jel ONE.
The first witness today was Captain
James A Baker, Jr., lawyer of Hous-
ton, Texas, who was named as an ex-
ecutor in the Rice will of 1896. Captain
Baker in reply to questions by Assis-
tant District Attorney Osborne id
that Patrick had never acted as attor-
ney for Rice at any time. He also said
he had acted as Mr.. Rice's attorney
up to his death in September last. The
first news he received of the death of
the aged millionaire was in q telegram
sent him by Jones, the valet. He inn
mediately telegraphed Jones to confer
with NJ. S. Melvin to maintain the
status quo until witness arrived in
New York
When 1 met Patrick, said Baker,
che asked me to step into another
room as he wanted to speak to me
alone"
Colonel Baker said Patrick explained
to him that he had been trying to effect
a settlement with Mr.. Rice in regard to
the litigation over Mrs. Rices will, and
that he had agreed with Mr.. Rice that
Holt was to be paid $250,00O in settle
ment after his Rices) death. Patrick
also informed the witness that Mr..
Rice had lost faith in him (Baker) and
that he Patrick) was then acting as
Mr.. Rice's attorney.
Patrick told me-" said the witness,
that it was Mr.. Rice'S wish that l
QhOIIl6 look after the estate in Texas
and that Mr.. Rice had made some as
signments of property to him, as Rice
wished to dispose of the property dur
ing life.
On the witness request Patrick show
ed him the will of 1900, and, after Oh
jecting, gave him a copy Of the dccu-
ment, though refusing to endorse it as
a true copy. Patrick also turned over
to the witness the two checks for 500,
900 and $25, 900 made payable to Pat
rick and drawn on the banking house
of Swenson & Co., and he invited Baker
to investigate everything fully.
Witness said he suggested to Pat
rick that in view of there being two
wills it would be better to have
u temporary administrator appointed.
Patrick replied that he was Indifferent
as to whether either will was probated,
but he Patrick) wanted to see that he
got what was right. Patrick had also
said he did not wish to have his rela-
tions with Rice made known and that
Jones, the valet, was the only person
who had seen him in conversation with
Rice. Patrick told the witness that
Rice's death was caused by over indul-
gence in bananas.
The will of 1896 was introduced, and
the witness declared that the signature
of Mr.. Rice was genuine. The sigma
lures to the SwenSon checks, he said,
were not Rice's.
Mr.. Moore began the cross examina-
ton of Colonel Baker. He went along
a line of cross examination by which
he wished to show that the will of
1896 was not made as Mr.. Rice'S last
will, but was made for the purpose of
creating a change in the public senti-
ment, which at that time was not ia
vorable towards Mr. Rice.
Before the recess, Morris Meyer, who,
with Short and Patrick, is accused of
forgery in connection with the will OF
1900 and who was admitted to $1,000
bail was re-arreSted and his bail raised
to S1e, 900. Shorts bail also was raised
to $4,000.
Dr. Edward J. Donlin, one of the
surgeons of the police department, tes-
titled that he performed an autopsy on
the body of Rice. He found the body
in a we'll preserved state, the lungs
were slightly congested and the other
organs for a man of Rice's age were
normal.
Mr.. Osborne then propounded a very
lengthy hypothetical question to which
Mr. Moore objected. but finally DR..
Donlin said that the congested condi
ton of the lungs was such as would
have been produced by inhaling an irri-
tant gaseous vapor such as chloroform.
There were diseases which might pro-
duce this congestion, but no traces of
such diseases were found in the organs.
DR.. Hamilton Williams who assisted
DIR. Donlin in the autopsy on Mr.. Rice's
body, corrroborated DR.. Donlin's testi-
mony regarding the condition of the
organs and the condition of both lungs
and he said he found no traces OF dis
ease which would bring about such
congestion Of the lungs. In his opinion
the congestion was caused by the fnha-
lation of some irritant or acrid vapor
such as chloroform or ether.
When the examination of DR.. VIII
liams was concluded the court adjourn
ed until tomorrow.