The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-09
HoRNBLoWER IS INsIsTENT
WANTS THE MONEY CUT UP UNDER
THE 1896 WILL RIGHT
AWAY
CASE ADJOURNED FOR A WEEK
Pending the Preliminary Trial of
Lawyer Patrick Before a Com
mitting Magistrate for Al
legged Rice Murder.

NEW YORK, April s-The two wills
signed William March Rice were on the
calendar before Surrogate Fitzgerald for
the setting of dates for the trials of con-
tests. Tie counsel of Albert T. Patrick,
the Rice heirs, the Rise institute IN
Texas and for the temporary admins
traitor of the estate were III court
Counsel for Patrick and the Rice heirs
asked for an adjournment until June.
Counsel for the temporary administrator
asked that the case be put on at once for
trial
When the cases of William NJ Rice S
purported Wills No. L and No. We're
called, w. B. Hornblower, who repre-
sented ]. D. Bartine, one of the exc
cutors and the proponent of the 1886 Will
announced that he was ready to proceed
at once. Mr. HornbloWer said this ap-
plication arose over the question of the
probate Of the will known as the PatricS
will
''Where is that will?" inquired the
surrogate. "Has the district attorney
got it in court? 1t was subpoenaed by
this office and should be here It IS
either in his possession or that of Magis-
trate Jerome and they have no right to
it,
Surrogate Fitzgerald then directed an
attendant to ascertain whether the viii
was fled in court.
~,
asked for postponement of the hearing
until after the determination of the
criminal proceedings instituted against
his client who was charged with murder
in the first degree
1T seems to me- he said, Gin justice
to those witnesses and in justice to
Albert P. Patrick that every oppor-
tunity should be given them to establish
their innocence before being compelled
to enter upon the trial in the civil case
which involves practically the same
issues. For this reason / ask for a
postponement until the final determina-
tion Of the criminal proceedings"
M Hornblower said he would consent
to postponement until the investigation
before the magistrate had concluded, but
could not consent that the surrogate
should allow these proceedings to be
abandoned until after Patricks case
had been disposed of in the supreme
court.
NO GUILT PROVEN.
"All the presumptions of innocence
y interrupted Surrogate Fitzgerald, ''are in
favor of the accused at the present
moment I cannot presume now that the
party in interest is a criminal"
Mr.. Hornblower said Mr. Rice died on
Sept. % last, and Patrick claimed under
the 1900 viii to be the resi1uary legatee
VIII he withheld it. His clients filed the
will cf 1896 and presented it for probate
with the greatest diligence so as to have
it proved. They served their citations
and it was only when they were return
able that Patrick took similar steps with
regard to the will of 1y0) though he
claimed to be the real party of int rest
and that the last will was execut>. for
his benefit by the testator and was
genuine.
1--WE had to force him by. proceedings
tefOre your honcI,'' said counsel, ''to file
his will and it was only several months
after Mr.. Rice's death that we succeed
ed in making rim do 50. If he had only
presented the will he claims to be genu-
i1ie a week after the testators death this
matter could have been disposed Of
months ago and ii he is the innocent
man he claims to be he could have been
been vindicated by your honor's decision
He preferred to pursue these diIatory
tactics and succeeded in having this
case hung up until now, when he finds
himself confronted by criminal prose-
cution"
Mr.. HOrnblower appealed to Surrogate
Fitzgerald not to grant any adjourn
ment beyond that required for the ex-
animation before Magistrate Jerome into
the case against Patrick.
Delaney Nicolls, on behalf of certain
JISuS OIL MT. I1lce, JOln9Q IN asking for
long adjournment They represented
all the blood heirs, except those of Fred
A. Rice, the brother of the testator. who
died several days ago.
Mr.. Hornblower said Fred A Rice had
consented to the probate of the viii of
1896.
Before he died. said Mr.. Nicolls.
"he got himself into the extraordinary
position of permanent administrator of
this estate by a decree By surrogate
in Texas, by which it was held that w.
NJ. Rice died intestate''
Il certainly think" Surrogate Fitz-
gerald said, that this court should not
take up this trial before the magistrate
has ended his investigation.
The surrogate said he would place the
case on the calendar for next Monday
and would then see what disposition
could be made of it.