The age-herald., 1902-02-11
John R. Potts, Defendants Law yer, on the Stand
MOVE SURPRISES DEFENSE
He swore That Patrick Told Him Mr. Rice Had Made Hlm Residuary Leeatee-oave Hlm $25,ooo
 Check to Certify.

New York. February 1o-The trial of. Albert Patrick, charged with the deatn of William Rice was resumed today af- ter 4 lapse of six days, owing to the illness of a juror.
 The most interesting part of the trial today was the move of the state in plac- ing in the witness. box John R. Potts a lawyer and banker, and at one time. at least friend of the accused. MT. Potts said, among other things, that Patrick a few days before his arrest, but after MT Rice's death had retained him as counsel and that the tie had not been severed MT. House of counsel for the defense objected strongly to the testimony be accepted by the court on the ground that Mir Potts conversation with Pat rick were privileged. The court. how ever, allowed MT. Potts to testify to mat ters prior to Patrick's arrest.
 The witness swore he had known Pat rick since 1870 becoming intimate with him in 1899 He had never seen MT. Rice in Patricks office, though the latter was in the same suite at his CPotts) Patrick had told him a rich client had died and made him residuary legatee Patrick had also shown him many of the documents now in dispute, among them the CPatrick) will and he had told Pat rick he did not think the will would hold. Patrick replied That all right the estate is practically mine" MT. Potts also advised Patrick not to fill out and use the blank checks purported to have been given him by MT. Rice and Patrick replied he would use the money las Mir. Rice had intended it should be used
 Rice Named Him as Leeatee.
 Patrick had told witness MT. Rice had named him as residuary legatee because of his personal regard for him. He also told witness the day before Rice died that he had not seen him for a week.
 Then MT. Potts swore that the day af- ter the death Patrick had brought him a check for $25.000 and asked him to get 1t certified. This he had done as he did with other checks. The defense confined itself to asking MT. Potts if Patrick had told him he was to receive the estate as trustee and the answer was that he had.
 Potts testified that on September H. the day Patrick showed him the papers he asked the witness to lend him S150 and the loan was made. A conversation with Patrick in the Tombs was ruled out by the recorder because Potts said he was retained by the defendant as his personal counsel several days after Rice's death. He said he still considered himself Pat rick's, personal attorney. Potts was al- lowed, however. to tell of talks with Patrick up to September 2S, 1900 Before Rice died Patrick said he hoped the old man would be able to come down town and introduce him (Patrick) at the office of the Fifth Avenue Trust Company. Patrick did not tell witness the value of Rices estate.
 Did Patrick tell you why MT. Rice made him residuary legatee?" asked As sistant District Attorney Osborne
 I remember asking Patrick that ques- ton and he said he presumed Mr. Rice was actuated by personal regard for him
 Did you know that pr. Curry. the attending physician, was Patrick's family doctor?'
 Patrick told me so.''
 Did Patrick call upon Mir. Rice before his death?"
 He told me the day before MT. Rice died he had not seen him for a week. Did he say whyT' asked Mir Osborne
 He said he did not intend to permit MT. Rice to play fast and lose with him
 Handed Him Check for $25, 900. The day after Rice died Patrick handed the witness a check for $250OO on the Fifth Avenue Trust Company and asked him to get it certified. He did so. Pat. rick said this check and others were sent him by Rice the day before he died and mat they were to settle claims under MT Rice's will. Potts told of going to Sven Eons bank with Patrick after they had held up a check for $25, 900. Patrick said he expecte ed to have trouble gettins the money from Swenson. On the day of the funeral Patrick said the police were evil Gently suspicious that Rice's death was not due to natural causes, but he would have no trouble in dispeling such sus- picions as they were without foundation On cross-examination Potts said he had the proceeds of the s25,00 check which was cashed by the Fifth Avenue Trust Company for about ten minutes and he then paid 1t over to the temporary re- ceiver of Rice's estate. Patrick gave his written consent to the transfer.
 Did Patrick tell you that he was to receive the Rice estate as trustee?''
 He did. and that was what made me think of the Tilden will. He told me he had the disposition of the estate. I don't recall him using the word trust g
 John T. Potter, the undertaken who embalmed Rice's body, was recalled to testify that he gave a sample of the em- balming fluid to Professor Withaus for analysis.
 Andrew T. Randolph, a real estate dealer at Houston, Tex. identified some letters written by MT. Rice. one of which by its postmark showed that 1t was mailed after Rice's death He said he had ha business relations with Rice for about six years and never heard of Pat rick in connection with any of Rice's af- fairs.
 At thts point court adjourned until to- u.orrow.