The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-01-30
Trial Judge Is Taking No Chances on Hav.
ing the Case Reversed.
DEFENDANT Is HIMSELF ACTING AS ONE OF
THE ADVISORY COUNSEL.
Texas Lawyer Detailed What Patrick Had to SAY
About the Compromise lie Was to Make.
Banker Meldrums Evidence.

nue. Trust company. which had been eerti,
fed TO await the result of the investigation.
Captain Baker could not remember that
he had testified before Magistrate Braun
that he would not swear that the signature
on the Swenson bank checks were forgories.
AT the afternoon session Captain Bakes
said that since Rce's death deeds had been
recorded showing gifts by him 90 the Rice
institute OF what is known as the Capitol
hotel property and OF about AT,00O acres OF
land Since Rice's death an offer Of 500
coo to tho hotel people in settlement Of iiu-
CATION had been under consideration. Be-
fore Rice's death an ooer OF $4,000 was
made for settlement OF tho litigation. The
witness knew of three Wills made by ais
nrtn for Rice. one was in 1889, one In
1893 and the last in 1898. The letter OF In
structon from Rice concerning the 1896
Will was produced at the request Of tho
defense and was placed on the record. The
letter contained these sentences which were
read by Patrick's council 1T tthe new
VIM need not be long and can he easily
changed II necessary" and IF | live sew
eral years longer / may make another viii.
on redirect examination Captain Baker
told Of the assets OF the W. NJ. Rice in
stitute. All of them came from Mr.. Rice.
They included 100000 In money and near
Is 10000 acres Of land in Texas aud Louis
lana.
The prosecution made two more attempts
10 secure the admission Of the viii Of 1896,
one while Baker was Ftili on the stand
| aud the second after Meldrum, banker4
| was called, but each time the recorder
ruled against 1t.
Meldrum testified that the signatures on
the checks for $4,000 snd $4,000 we're
iorge.es Medium related a conversations
he had with the accused on January -,
Just after Rice died.
Patrick said" the witness testified,
chat we were making a lot Of fuss that
would Interfere with much moro important
/ business. lie said that he and Jones bad
already been 80 police headquarters aud
| the district attorneys clbcc and tna
morning papers would be fun OF IT, hd
/ regretted the notoricty because be hau
/ about arranged w settle the contested WIZ
/ ease for S2OO,OOu. but he Was AFRAID toe
| other side would back out in consequence %
/ all the publicity. ile said 1t was FOOLISH
/ for the relatives TO start trouble because
] they had received much more under lhs
! viii of 1900 than they did under the wih
/ OF 1896. lie referred 20 Mr.. kice's 0rotheft
who would get $4,000 instead OF $4,000
| The actions OF the prosecuting attorney
and those Tor the defendant were open u
c,nsmc from both the court and others
who would express an opinion upon tha
case tonight
one lawyer who has watched many MUIR
der trials said tonight that the case was
not only the most bitterly fought that ne
has ever known, but that the tactics OF
all the lawyers concerned tended TO ratAet
obscure the truth than to help the jury
decide upon the evidence
Nj usbornc's way Of presenting hls
side is characteristic of his procedure Ia
former trials in which he has represented
the people 1t rs made M OF Isolated
fucls, the connection between which Is not
clear untl be puts them together In his
summing Up,
criminal lawyers have affirmed all along
thut osborne has tho hardest case that he
has ever tried to prove
The attitude OF Recorder Coz was to-
day even more favorable 20 the deiense
3 thun on previous occasions lie does not
! propose to have this case reversed by the
state CONT Of appeals and has sustained
large majority Of the objections OF tho
defendants lawyers. The number Of eH'
ccptious 10 his Rulings taken by Patrick
counsel Is very small for case of this
Importance
one OF the, most active attorneys for
Patrck is the defendant bimself' He was
OF his seat this morning some twenty msp-
utes before t1e court was opened and APP
!. parentB haa much 10 do with laying our
! the line OF crossexamlnntion 10 be soo'
Quoted during the day. From legal stand
d point tine Patrick case q the most compll'
Gated and important that has ever been
Z prcseated in this country as well as IN
d yolyiag the largest monetary consideration
ever heard IN these courts,