New-York tribune., 1902-01-24
OSBORNE'S ADDRESS ENDS.
PATRICK'S LAWYERS FREQUENTLY OBJ
JECT TO THE CHARACTER OF
HIS REMARKS.

pied entirely at yesterdays session of the court
with the speech of Assistant District Attorney
Osborne in the opening of the case for the prose
cution. Mr.. Osborne continued the address
which he began on Wednesday afternoon, and
talked more than four hours in presenting the
outline of facts by which the prosecution in
tends 70 prove that Patrick murdered William
Marsh Rice on September %. 1900.
II was about II o'clock when Mr.. Osborne
took up the thread of his interrupted speech.
Referring TO the visit made by Jones, Mr.. Rice's
valet and Patrick's alleged accomplice, to Mr..
wetherbee. in Brooklyn, he said:
We will prove that Jones's mind and Patricks
mind If we don't prove 1t, no harnn is
aone out we 90 prove % IT. then we sed SnG| anS done
by his partner in the conspiracy.
The Assistant District Attorney told of Mr..
Wetherbee's consultation with his employer, Mr..
swenson. and of the belief of Mr.. Swenson that
an attempt being made to foist a bogus
will on the Rice heirs. He commended Bowers
& Sands, the attorneys for Mr.. Swenson. for
calling upon the police.
Mr.. Osborne recited the interview between
Patrick and Mr.. Swenson when Patrick as
serted that Mr.. Rice had made a general as
signment to him of all his belongings. and said:
According TO Patrick, and according to Pstrick's
claims. this man. who had spent his whole life IN IN
the m b Of bad mRde aeP had I'd
become his friend and adviser and yet when Pat
bed he waited to go to him Until he had witness
Patrick had two checks on swenson for $50 coo COO and
sS on on the 1 dF Re9Fe Mar k RST dT a e
sent friends get those checks certified after he
knew that Mr. Rice was dead. After swensop s,ni had
went 70 the Fifaye ave M Institution & and Obtained
@as asked about H those Checks he said MI Rice
intended the money for him for his personal ser SER
MI Rice felt his death approachins he should give
M friend b %So. when he felt himself dying would stop
and draw checks to the extent Of his bank deposits
that Patrick did not hasten TO the bedside of one
wh3 loved h So 1 IL was va not sb he
Speaking of the scene after the death of Mr..
Rice, MT. Osborne said:
Patrick said he wanted the body cremated as
soon as possible. He says he has letter from % M
be S bndred a w r. were not for the blnnders
OF criminals where would society be? Patrick was
q lawyer.
Mr.. House, Of Patrick's counsel, interrupted
here with an objection After consultation
with my associate" he said, I'VE have decided
TO appeal to your honor We now ask you to
instruct the Assistant District Attorney that his
remarks must be simply IN the nature of an
opening address. For nearly an hour he has
been engaged in an argument summing up the
evidence he has not yet produced"
'The District Attorney" ruled the Recorder,
"nlust keep within the proprieties."
Mr. Osborne insisted that ne had not trans
gressed. and the Recorder repeated his ruling.
Mr. Osborne went on:
This is where Patrick blundered. He was law,
yer. He knew all about those nasty things called
@ 6 sa mot caeGatd how long it taxes to get
crematory hot. He knew he had to have some some
N Texas and nephew to be answered. and people
plainly plain see before me picture Of that brother.
asking: 'Why did you burn his body?"
Again We appeal to your honor's sense Of
justice" interrupted Mr.. House. The District
Attorney is trespassing the rights of the de-
fendant.''
"I think we will dispense with all that specu-
lation." ruled the Recorder.
Il have to let this jury know" retorted Mr..
Osborne that Mr.. Rice had a brother and
nephew in Texas who would call Patrick to
count for the cremation"
"well. tell them without speculating as to how
they would call him to account" was the Re-
corder's decision.
Mr.. Osborne read the letter purporting to be
from Mr.. Rice which directed that his body be
cremated and not embalmed, and that there be
no funeral. He continued:
Now here is perhaps the most important thing
asye 70 tel y91 As far as t1 have Ne been able TO
never did snv work for him and as FAR as we
have been able 10 prove. no living being ever saw
Eoy take this tssgTam - Patres sent to Mr.
sician. Death certificate old age diarrhoea weak
1saet %fe Inferred in Wisconsin Thursday beside his
ATTENDED by his physician death certificate"
Guilt naturally anxious that the relatives
wisconsin It would have suited a guilty man
Tor the relatives 10 go Wisconsin while Mr..
Rice's body was burning in Fresh Pond Long
Island.
Mr.. Osborne told at some length the details of
the wills Of 1896 and 1900 The first left
great part of the estate to the w. NJ. Rice Edu-
cational Institute Of Texas, and divided the re-
mainder among a number of relatives The
later Will reduced the legacy to the institute to
S2oO.00o, increased the legacies TO the relatives
mentioned many other relatives and friends
and gave the balance, about fourteen -fifteenths
of the whole TO Patrick.
Mr.. Osborne said ii necessary for Mr.
Rice to die when he did, because he had prom
ised 10 turn the S250.000 he had on deposit in
New-York over to the Planters Oil Mill, in
Texas, burned down a couple of days previous
de continued:
When Patrick found out that the mill had made
draft on Mr.. Rice for that money, where do you
20 be paid Monday morning. ne went TO his
friend. to DR.. Curry. The doctor told him Mr.. Rice
knowledge was the cause of Mr. Rice's death The
promise OF Mr.. Rice let the Planters NH have
WAS mot nsHss
esfe Of and e sHt in g0t cash the Hs So%d hsTe
S6 % al had ths i s s he thought he
We have to show motive opportunity and evi-
dence tending to show exclusive opportunity
Joness motive Who Wrote % the % body Of those
checks9 Jones. Who presented them and got the
Mr. Rice? Jones. Who conferred with Patrick?
Jones Issn.. who put Patrick into possession of Mr.
with before he ala any of those things? Patrick.
Again I must appeal" interrupted Mr House.
Il object to interfering with counsel but a
ney is going beyond any fair grounds He is
summing up as If he had presented his case