The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-04-01
4 WARY WITNESS.
Patricl's LandIady Declines to An
swer Questions IN HIS Case.

Patrick's Landiady Declines to An
swer Questions IN HIS Case.
New York. April The first witness
today at the hearing OF alfred t. Pat
rick. the lawyer charged with causing
the death of William Marsh Rice last
September, was Mrs. A. NJ. Francis, who
kept the house where Patrick formerly
boarded When she had been sworn and
Assistant District Attorney Osborne was
about to put his first question, Mr..
Moore, Patriclx's lawyer said he thought
the witness ought to be cautioned
against testifying to anything that
might 1ncrinlinate herself
Mrs Francis testified that she had
known Patrick since January. 1893. Pat
rick was her boarder at several places
where she conducted boarding houses
and boarded with her at the time OF his
arrest She was acquainted with David
L. Short and Morris Meyers and with
Potts. all of whom have figured in the
case. Patrick occupied the back parlor
in her house. She herself had no stated
room, she said in reply to a question by
when did Patrick begin to speak to
you about Mr.. Rice?" asked Mr.. Os-
borne.
II decline to answer on thu advice of
my lawyer" witness replied
ION what grounds?" asked Mr.. Os-
borne.
ION the grounds that it would incrim-
mate me-" Mrs. Francis answered.
Assistant District Attorney Osborne
said there was no intention of implicat-
ing the witness with Patrick, but she
still refused to testify.
Justice Jerome then asked the witness:
DO you believe the answer to this
question would tend to convict you of a
crime? Understand, not Patrick, nor
Short, nor Meyers, nor anybody else. but
yourself?''
The witness thought awhile st do
think it would tend to incriminate me,
she said
There was some more argument and
finally Justice Jerome said:
IF the witness is willing to place her
self in such a position in the community
as the witness does through her testi-
mony, don't see that can compel her
to answer. She is an intelligent woman
and fully understands this question Are
you willing to stand in that hght?'
Justice Jerome added. turning to wit
ness.
Il am" the witness said.
Mrs. Francis said she had known
Jones since January, 1900, but she re-
fused to reply to any further questions
concerning Jones on the ground that the
answers might incTiGninate her. For the
same reason she refused to say whether
Patrick remained in the house all day
on September p last year
Mrs. Francis was told to appear as a
witness on Friday. Today she testified
that she was down at the Tombs on
Saturday when she spent several hours
Did you discuss the case with him2"
Il did,
What did you say?''
Nothing of any Importance at ALL
1t came out in the testimony that the
witness had been told by a lawyer that
If she said anything favorable to Patrick
the district attorney would have her
arrested.
Mr.. Osborne then handed the witness
a letter which she identified as one that
she wrote him last year. 1t was marked
and placed in evidence.
on were not at that time afraid of
discriminating yourself?'' he said.
Il was not"
what has made you change your
mind since that timer"
MY counsel's advice, my own opinion
that it would incriminate me and the
threats of the assistant district attorney,
OF you.' she said, her eyes flashing and
her head erect.
Did I ever threaten you personally
said Mr. Osborne.
why do you believe would have you
arrested?'
''I saw IN the papers on Saturday night
that you were to make more arrests
and do you believe, after my declara-
ton in open court, that I would arrest
you, though innocent?''
~ do" she replied.
Justice Jerome interrupted her and
said:
1.-The testimony Of this witness shows
thai she is a woman previously held ii
high esteem in the community. do lot
propose that she shall go out of this |
court room with a stigma on her name |
for lack of time to consider this matter. !
We will take a recess During the re- I
cess madame, I would advise you to see
some friends-not necessarily a lawyer |
but some man or woman with sound |
business sense, who can give you counsel |
and advice"