The age-herald., 1902-01-29
Gives Damaging Evidence Against
 Patrick, Alleged Murderer
TOLD OF TRIP ID THt VAULT
Says Patrick Told Him Mir. Rice Was Peculiar and Didn't Want Any body to Know About Their
 ReIations-Jones' Name.


 today's session in the trial of Lawyer Albert T. Patrick for the murder of MIL lionaire William M. Rice was taken up in the examination of Capt. James A Baker of Houston, Tex. He told of coming to New York and being surprised e-.at MT. Rice had engaged Patrick as his lawyer. He also related, what occurred at his meeting with Patrick after Rice's death.
 Early in the session today Dr. Hamil- ton Williams, whose cross-examination was continued from yesterday, reiterated his opinion that the condition of Mr. Rice's lungs was due to the inhalation of a gaseous irritant. Captain Bakers ex- animation will be resumed tomorrow.
 According to Captain Baker, Patrick said he intended to intrust Rice's Texas affairs to Captain Bakers firm. Patrick gave him the 189s will and copies of the 1900 will and of the assignment of Rice's property. Patrick said he had taken a number of papers from Rice's rooms and that he would show them to Baker
 T went to Patricks office." Captain Baker continued, ''and we made an in- ventory of the papers. l agreed to de- posit them in some common place MT. Gerard or 9bOWPTb c Odhuo NohhC "Aeh us and we deposited the papers in the safe of the Hotel Normandie. Next morn ing we took them from the hotel and placed them in a safe deposit vault down town. Later in the day (Friday, Septem- Der 2S). asked Patrick for the check on Swensons s bank, telling him claimed the money as an executor or MT. Rice will He gave me the check, taking my receipt for it. Then l demanded the $25,- ofun |. "a .o11f the Hifth Ave- nle Bank He said he must consult counsel before he did anything further" The witness told of meeting Patrick with his friend Cox at the safe deposit vaults where Mr. Rices securities were kept.
 Patrick Objected to Gerard.
 MT. Gerard also was there. Patrick ob- ,iected very strenuously to Gerard's pres ence. He said MT. Gerard was personal ly objectionable to him and that ne would not proceed unless MT Gerard left. Baker insisted that Gerard remain and Patrick yielded.
 The witness told of opening Rice's box in the vault and of the production by Patrick of what he claimed was list of the securities there.
 'The list was wrong' said the wit ness, fin every item but one. He de- clined to give us copy of his list. l said to Patrick: Tn view of your hostile relations to MT. Rice if you expect this will and assignment to hold in any court in chistendom why did you not have some friend of MT. Rice the Swensons for instance, who had known him for 30 years, go with you to MT. Rice's apart ments and -read over In their presence the will and assgnments@
 Patrick replied: "I expect l ought to have done that, but you know Mir. Rice was peculiar and he insisted that our relations should be secret As far as l know no living man ever saw me in the presence of Rice excepting perhaps c. F. Jones and am not sure he did"
 Captain Baker told of a long talk with Patrick about the 1900 will. Under the Texas law a temporary administrator would have to be appointed. Patrick de- clned to take any steps in the matter. q told him, the witness continued, that I would never consent to the probate of the will of 1900 and that l believed the will of 1896 was the last genuine will of Mr. Rice. Patrick replied that he did not care, that he would just as soon see one will proved as the other. He said he knew of MT. Rices regard for the W. M. Rice institute and intended to see that that institute did not suffer. Patrick said he was the greatest sufferer by MT. Rices
  go down son Monday and make physical deliveries of all his securities
 How did he say he obtained those checks?" asked MT. Osborne.
 Jones Brought Him the Check.
 'Tie said that Jones had brought them to him in conformity with an agreement MT. Rice had made with him (Patrick). The s25,0OO, he said, was to settle the Texas litigation
 Did he tell you why he had not noti- fled MT. Holt of the intended settlement?'
 q do not believe he did"
 The prosecution failed to secure the ad- mission of any testimony as to the check for $65, 900 purporting to have been given by Rice to Patrick or as to the will of 1S96 Assistant District-Attorney Osborne was very insistent as to the latter, and the recorder finally told him he was an- moving the court. Both rulings were made during the testimony of Captain Baker who remained on the stand and under di- rect examination until court adjourned. The check for $65, 900 was never presented for payment, and the court ruled that it was not pertinent to the crime. Baker tes- tified that to the best of his belief the will of 1900 the two checks for $25, GOO each and the cremation letter were forgeries
 The recorder first admitted the will of 1896 in evidence and then reversed the ruling, saying that he thought it was the 1900 will that had been offered. MT. Os- borne said his object was to compare the two wills to show that the will of 1896 was taken as the basis for the will of 1900, and