New-York tribune., 1902-01-29
CAPTAIN BAKER On STAND.
COUNSEL FOR RICE INSTITUTE TESTI-
FIES TO CONVERSATIONS WITH
PATRICK-osBoRNE ADMON-
ISHED BY GOFF

which for about forty years cared for the in
terests of William Marsh Rice, was the prin-
cipal witness at the continuation of the trial of
Albert T. Patrick. who is charged with the MUIR
der Of Rice, yesterday. The eagerness of As
sistant District Attorney Osborne to press ques-
tions ruled out by Recorder Goff caused the
latter to admonish him several times. Captain
Bakers testimony dealt chiefly with his meet
ings with Patrick before and just after Rice's
death. and brought out nothing striking.
When court opened in the morning DR.. Ham
ilton Williams. who assisted at the autopsy on
Rice's body. continued his testimony of the pre-
ceding day. being cross-examined by Mr.. Moore
of counsel for the defence. Dr. Williams made
every question the basis of a wearisome medical
dissertation the effect of choroform and
various diseases the lungs and contradicted
divers medical authorities. After admitting that
different causes and diseases might make the
conditions found in Rice's lungs. he declared
under redirect examination by Mr.. Osborne that
he didn't think any cause outside Of the fnhaIa-
tion Of gas could have led to them; was sure
they were due to the inhalation of a gaseous
irritant. At least two-thirds of all DR.. Williams
said was stricken from the record as not re-
sponsive
When Mr.. Moore asked him If lobular pneu-
nonia would cause congestion of the lungs. Dr.
Williams went into a complicated but non-com-
initial explanation. An irritant gas, he said
20 a direct question, might cause lobular pneu-
monia, and neglected cold might also cause It,
COLD MIGHT HAVE CAUSED IT.
Gould neglected cold cause lobular pneu-
monia. accompanied by a watery condition of
the lung. and a congestion of the lungs?" coun-
sci asked.
''It could"
And those are the conditions you found in
the lung taken from Mr.. Rice's body?"
Captain Baker succeeded a witness whom the
defence did not think worthy of crosse -exarnina-
tion. He said he met Patrick in 1898 and in
1899 here while representing Mr. Rice Patrick
being counsel for the heirs under the will of
Elizabeth Rice. the second wife of Mr. Rice
Mrs. Rice had disposed in her will of certain
property in which Mr. Rice declared she had no
interest. Patrick never met Mr.. Rice when the
witness was present. He told witness that he
knew Mr. Rice in Texas several years before.
The next time he saw Patrick was in Mr.
Rice's apartments four days after his death
David L. Short was with him. They went into
q back room. Referring to the Mrs. Rice will
case, Patrick, the witness declared, said he
made up his mind that he could effect settle
ment if he could meet Mr.. Rice He put an
advertisement In a newspaper signed "Gef-
fords,' Mr.. Rice replied and they became well
acquainted. Mr.. Rice retained him to do some
work.
Rice told him he had lost confidence In wit
ness's firm. Speaking of the WILL Patrick said
Mr.. Rice made it in June. 1900, and had named
witness of the executors at his pat
rick's) request. Patrick said he was residuary
legatee for nine-tenths ffteen-sixteenths of
Mr.. Rice's estate.
II guess he said the old gentleman was
stuck me-" declared the witness Five per
cent of Mr. Rice's estate, Patrick said would
make a handsome sum. and if he refused to
serve it could be divided between witness and
the other executors.
Mr.. Rice wanted Patrick TO go TO Texas to
look after his property. but the former told him
that his lot was here. He intended TO leave the
Texas affairs in witnesses firm. Patrick said
Mr.. Rice was in favor OF cremation
The witness then told of the placing of Rices
papers in a safe deposit vault. of the opening OF
Rice's box in the vault, and Of the production
by Patrick Of what he said was a list OF the
securities there. He declined to give witness
q copy Of his list.
BAKER SAYS WILL is FORGED.
Witness asked Patrick IL he expected the will
and assignment to hold in court, why he did
not have some friend of Mr.. Rice, the Swensons.
for instance. who had known him for thirty
years, go with him TO Mr.. Rices apartments
and read over IN their presence the will and
assignments. Patrick said Mr.. Rice insisted that
their relations should be secret. AS far as he
knew, no living ever saw him in the pres
4 ence OF Rice excepting, perhaps. c. F. Jones.
and he was not sure he did.
witness told Patrick that he believed the will
OF 1896 the last genuine will of Mr.. Rice Pat
rick said he would just will
proved as the other: Patrick said Jones brought
the checks to him in conformity with an agree
n1ent Mr.. Rice had made with him. The $3.50 900
was to settle the Texas litigation
The Recorder refused TO allow the admission
as evidence Of the $4,000 check for the balance
TO Riee's credit at Swenson & Sons bank. 1t
was never presented, although Patrick told the
bank OF its existence after the bank had refused
10 cash the check for S25. 600 presented by David
L. Short. Recorder Goff ruled that the check
was not pertinent to the crime for which the
defendant is trial
Captain Baker said that he knew Mr.. Rice's
handwriting well. and that the signatures to the
alleged Will Of 1900, the two checks of SO, 900
and the letter on cremation were, in his belief
forgeries. The will OF 1896. given to Captain
Baker by Patrick, admitted as evidence.
Mr.. Osborne had almost finished reading it to
from the record He said in making his earlier
ruling that he was under the impression that
the viii of 1900 was under discussion. Mr.. Os-
borne said his object was to compare the two
wills and TO show that the will Of 1896 was
taken as the basis for the WIFI of 1900 and that
mentioned in the will of 1896 TO decline to con-
test the will of 1900. Mr.. House. for the de-
fence, responded that proof had been sub
mitted that the viii of 1896 ever in the
possession Of the defendant until after the death
of Mr.. Rice. The Assistant District Attorney
ruling. Recorder Gof lost patience at last.
Mr.. Osborne he said, why do you persist
in annoying the court? The court has ruled"
Mr.. Osborne sat down.
The direct examination of Captain Baker was
still under way at 4:40 o'clock when court ad-
5ourned until 10:30 this morning.
nm