Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-04-01
Trial Of the Famous Case Began
This Morning.
H0USEKEEPER TESTlFIES.
Defense Wanted Her Cautioned
AgainstIncrininating BerseIr-she
Declined 10 Answer Question.

New York, April 1.-The first witness
today at the hearing Of Albert T. Pa
trick' the lawyer, charged
with causing the death Of William
Marsh Rice last sempteber was Mrs.
A. M. Francis. who kept the house
where Patrick formerly boarded. When
she had been sworn and Assistant Dis
triet Attorney Osborne was about to
put his first question, Mr.. Moore, Pa
tricks lawyer, said he thought the Wit.
ness ought to be cautioned against tes-
tltying TO anything that might in
criminate herself
Mrs. Francis testified that she had
known Patrick since January, 1893. Pa
trlck boarded with her at the time OF
ms arrest She was acquainted with
David l.. Short and Morris Meyers
and with Potts, all Of whom have dg-
ured In the case. Patrick occupied The
PACK parlor In her house. She herself
had no stated room, she said In reply
10 question by Mr.. Osborne:
Wien did Patrick begin TO speak
to you about Mr.. RiceT' asked Mr.. os-
borne.
Il decline to answer on the advice
OF my lawyer" witness replied
"On what grounds" asked Mr.. Os-
borne
ION the ground that it would incrim-
mate me- Mrs. Francis answered
Assistant District Osborne said
there was no intention Of duplicating
the witness with Patrick, but she still
refused TO testify,
Justice Jerome then asked the wit
ness: do you believe the answer TO
this question would tend to convict you
Of crime? Understand, not Patrick,
nor Short, nor Meyers, nor anybody
else, but yourself?"
There was some more argument and
finally Justice Jerome said: III the
witness is willing TO place herself in
such position In the community as
the witness does through her testi-
mony, l don't see that can compel her
TO answer. She is an intelligent wo-
man, and fully understands this aues-
ton. Are you willing to stand I'm that
light?' Justice Jerome added. turning
to the witness.
II am" witness said.
Mrs, Francis said she had known
Jones since January. 1900 but she re.
fused 10 reply to any further questions
concerning Jones on the ground that
the answers might incriminate her For
the same reason she refused 70 say
whether Patrick remained In the house
all day on September 22nd last year.
Mrs. Francis was told TO appear as
q witness on Friday. Today she tesu-
fed that she was down 60 the Tombs
on Saturday when she spent several
hours talking to Patrick
did YOU discuss the case with him?"
'T did"
what did you say2"
Nothing OF any Importance at ALL"
II came out In the testimony that the
witness had been told by n lawyer that
II she said anything favorable 70 Pat
rick. the district attorney would have
her arrested.
Mr.. Osborne then handed the witness
letter which she identified as one that
she wrote him last yer, II was marked
and placed IN evidence.
you were not at that time afraid OF
discriminating yourself?' he asked.
81 was not"
What has made you change your
mind since then?"
MY coupsels advice; my own opin-
ion that IL would incriminate me, and
the threats of the assistant district at
torney--of you" she said, her eyes
flashing and her head erect,
"Dld ever threaten you personality
said Mr.. Osborne
No"
why do you believe would have
you arrestedY"
81 saw In the papers on Saturday
night that you were to make more ar
rests"
"And do you believe, after my declar-
alton In open court, that | would arrest
you. though innocent?"
II do" she replied
Justice Jerome interrupted her and
said:
THE testimony Of this witness shows
that she Is woman previously held In
high esteem In the community. do not
propose that she shall go out OF this
with stigma on her name
for lack Of time to consider this matter.
We viii take recess. During the re-
cess, madam. I would advise you to see
some frlend-not necessarily a lawyer
but some man or woman with sound
business sense. who can give you cOun-
sci and advice"