The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-04-10

out; Short went away. but returned half
an hour later. Mr.. Swenson arrived I'm the
meantime. and l called Jones on the tele-
phone. / told him about the check and
Jones replied. i drew that check: II Is all
right i then told him that Dir. Swenson
another clerk 10 again call Mr. Rice 10 the
telephone. and he returned and said Mr.
Rice had died the night before. I then
handed the check back 10 Short. Some time
later, probably an hour" continued the
witness. 'Mr. Patrick and another man
Swenson. Patrick said. our good friend
Rice died last night That Is all / heard"
Mr.. Wallace then testified that in his opin-
ion the signature on the check was not In
MIR. Rice's handwriting Several checks
which had been drawn by Rice and paid by
Swenson & Co. were handed TO the witness.
who Identified the signatures as being gen.
uine.
on cross-examination by Mr. Moore.
Teller Wallace said that when he stamped
the word accepted on the twenty-fve-
thousand-dollar check presented by Short
he had his own opinion as 10 the genuine
ness Of the signature. and still held that
opinion. He would nor swear that the Rice
signature was not genuine. but he said IL
was not a good imitation. and pointed out
some discrepancies between the upward and
downward strokes in the letters of the
name. He said there was sufficient dif-
ference In the shading 10 give IL a charac-
ter. He described the difference as being
pronounced
Among the checks which Mr.. Moore hand
ed the witness was the one for $50 600. made
payable TO Albert T. Patrick and presented
on the same day the twenty thousand
dollar check was presented by Short for GER
tihcation. All the time ne was comparing
the signatures Teller Wallace held the
twenty fve-thousand-dollar check in one
hand. In reply 10 Lawyer MOore's question
IL there any difference in the sigma
lures on those two checks the witness said
there was.
Mr.. Moore then handed the sixty-five-
thousand-dollar check 10 Justice Jerome
and said this was one OF the checks pre-
scented the day after Rice died, wallace
then said he had made a mistake and
wished TO amend his answer. A recess was
declared until ! D. m.
ALL FORGERIES.
At to-nights session John Ii. Wallace.
paying teller of the Swenson bank
sumed his testimony. The Patrick will OF
June 80. 1900. the general assignments OF
the Rice property to Patrick, the letter In
which Mr. Rice is alleged to have given
orders for the cremation of his own body
and a certified check for $4,000 which Pat
rick gave TO Potts the day after Mr.. Rices
death, were handed to the witness, and in
each instance he declared that the sigma
lures OF Nv. Nj. Rice" attached thereto
were forgeTes.
On cross-examination the witness said
he had seen the Patrick will one Jay
last week in the district attorneys office.
He had compared the signature on IL with
those on several deeds bearing the genuine
signature of Mr.. Rice, and this had con-
WINGED him that the Patrick viii sigma
ture was forged.
Now Mr.. Wallace" asked Mr.. Moore.
lis II not fact that you have just a biz
OF doubt in regard To those signatures?
mo. no, no; not the least" replied the
witness
Walter o. Wetherbee. a clerk i'm the
Swenson bank, was the next witness.
Wetherbee was one OF the witnesses TO the
will OF 1896. According to testimony given
at this hearing by Valet Jones, Patrick
urged Jones to try and get Wetherbee to
witness will which he contemplated forg-
ing. before he drew the so-called Patrick
will" According TO Jones Wetherbee re.
fused to be a party TO the contemplated
fraud. but was nevertheless made a bene-
ficiary to the patrick will an induce
ment for himself TO keep secret the fact
that he had been approached i'm the matter.
The witness said that he had known Valet
Jones for two or three years. and then, in
the face of objections of Attorney Moore,
who was overruled by the court, related
a conversation which took place between
Jones and himself (Wetherbee) at the lat
ters home i'm January. 1900. Wetherbes
said: Jones said that Texas lawyer
with an office in the World building and
employe OF the Manhattan Railway had
first approached him about the drawing OF
the contemplated will.
Witness. after testifying that he was IA
miliar with the handwriting of the late
Mr.. Rice, branded the Patrick will. the SIS
900 check the general assignments and the
cremation letter as fOrgeries
On cross-examination Mr.. Moore asked
the witness: "Why did you not tell this
old man Rice that a conspiracy TO get his
wealth was being set on foot against him
by his servant?'
Mr. Osborne objected. Justice jerome
said that the question showed Mr.. Moore's
purpose to dscredit the witness. and that
some discussion the question was with
drawn Court adjourned until tomorrow
morning. when 1t is expected Captain
James A. Baker, of Houston, Tex, VIII
take the stand