The Montgomery advertiser., 1902-01-31
|SNUBS FOR PROSECUTION Rice's 1896 Will Again Ruled Out. TRIAL OF 4. I. PATRICK Two Texans Occupy inc WIt-
 ness Stand During Day. Emanusl 1sphasl svssrs algnatue1
 to 1900 VIII and the svsnssn Cheeks ara Not the chd5os graphy of RicA
TRIAL OF 4 T. PATRICK

graphy of Rice
 New York. Jan. so.-wheu Hecoeds1 l Goff closed court for the day in the n1sa | of Albert T. Patrick, for the murder e William Marsh Rice. he had Tor tbe 1 tenth time ruled out the admission ef the will of 1898 which tho prosecutioA haN
 been trying to get intc the. record Following the evidence of banker Nor man s. MeIdrun, who was agsin n tha stand today, that the signatare to tha assignment of Mir Rice's astats to Put rick was a forgery and that the GiGnakzs<& to the 1so6 will was genuine cane th4 testimony of Joseph l.. Blinn of Hr1nG- field. Mass. nephew of the dead man Mfr. Blfnn told sf being sumnonea te New York by Patrick and said tle 1attet told him he (Bltnn) was to set Sa4eoo e4
 the estate under the 1seo or Patrick VIII
 Cross examination of Mfr. Biinn by coun-
 gel for the defense brought out that there
 was an arraneement by which witness
 was to derive s5kooe from the Rice fn~
 stitute if the 1Sps will were probated<
 Under this 1896 will MT. Blinn's share
 was 5000 Witness said that the ar~
 engagement was in writing lt caMe
 from Colonel Joseph Rice (Winzam
 March Rice's nephewl and ha fBiinn) had signed the paper.
 Two Texans testified today. They werq Emanuel Raphael. secretary and m4NA414 of the Houston clearing house and also d trustee of the Rice lnstttuke and l Arthur E. Cohn, clerk and agent of M M. Rice at Houston. Mir. Raphael tola of the plans for the Rice Institu&e. He swcre he was familiar with RiceAs signa< ture and that the signatures on the | cheeks, the assignment of the Rice estate | to Patrick and the paper which revoked Captain Bakers right to Rice's safety deposit box were forgeries, Mr. cohn swcre the signatures to the 1890 will. the checks and the asisnment were nos
 Norman Meldrurn. a banker. to whom | Patrick Is alleged to have made the l suggestion that there be no contest of the | will of 1900. alleged to have been forged. l was recalled to the stand as the first | witness of the day. Mir. Meldrum said | he and Captain Baker met Patrick at | Rice'sf apartment on September %, 1908. | Patrick. on that occasion. told of the lso9 | will and showed copy of the documens. ! making a general assignment of Rica'a property to Patrick. In the cpiniCn of | the witness the signature on the assign- ment was a forgery. Patrick said ha did not intend to qualify as executor of | the will and that the 6 per cent of fhs estate allowed to an executor by law I would go to Captain Baker. The 1s96 I will, known as the Baker will, Wass handed to MT. Meldrum and he identified l the signature as q genuine one of Wii~ | liam M. Rice.
 The signatures to will made by Rice ' a-- after examining them he said they were genuine.
 Joseph L. Blinn of Springfield. Mass. a nephew of William M. Rice, was called and asked to give list of Rice's reIa- tives. the Assistant District Attorney saying that he wished to show that s,ev- cry human being who could make fight
 got 9 larger legacy under the will of 1900 than under the will of 189e."
 The list was then made. Blinn said ha
 was notified of Rice's death by a teie-
 gram from Jones. and he hurried to New
 York. He went to Rice's apartments and
 there met Jones. Patrick reached the
 house an hour later.
 Patrick" the witness said. asked me
 if knew how fared under the will.
 said no, and he told me was to get
 s3o.oo0 and my son s5.0oo. Then he sas
 and began to figure out how much each
 of us would get. asked how soon
 could have the money. and he said
 could take 1t home with me" The wit~
 ness said Patrick made his calculations on the margin of a newspaper. This mar
 gin of paper was placed in evidence. On cross-examination, Blinn said an
 agreement had been reached that he was
 to receive $75.0o0 from the Rice Institute
 If the 1896 will were probated. Under tho
 provision of that will he was left $5,0O1
 and under the Patrick will $30.000
 At the afternoon session. Mir. Raphael
 said that under an agreement with Rice.
 the rents from certain property were to
 be accumulated until there should be suf-
 ficient to erect the institute building.
 None of the real estate was to be sold un-
 til after Rices death. A paragraph oE
 the charter of the Rice Institute was read. showing 1t was provided that the
 trustees should not receive compensation for their services. Under the will of 1900 these trustees were to be paid. Mr.
 Raphael never knew of Patrick as an advisor of Rice. He received letter from the old man about week before
 his death. Mir. Raphael said he was pay- ing teller and bank cashier for fourteen years in Houston, and had to pass upon
 MT Rice's signature on checks more than a hundred times.
 Mir Osborne showed the Swenson checks. the assignment and the revoca-
 ton of Captain Bakers right to go to
 Rice's safe deposit vault. He declared that none of these bore a genuine sigma ture of W. M. Rice. A large part of the afternoon was devoted to the testimony of the newspaper reporters to whom Pat- rick gave a statement of the case before his arrest and further evidence as to the safe deposit box and it's contents.
 Arthur B. Cohn, clerk and agent for Rice at Houston, Tex, testified that the signatures on the will of 1900. the Swen- son checks and the assignment were forgeries. Cohn was on the stand when