The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-02-19

he resumed his argument today. At the
close of Mr.. Osborne's plea, the record
er ruled that the prosecution might
present secondary evidence of the exist
ence of the affidavit.
The examination of Jones was then
resumed. He was asked to tell what
were the contents of the affidavit shown
him by Patrick. He said it Gas a paper
swearing off Rice's personal taxes in
New York on the ground that he was "A
resident of Texas. Patrick asked what
Jones received and learning that it was
$50 q month, replied that he, Jones, was
worth twice that a month. Then, Eaid
the witness, Patrick showed him a form
of will. He said he would help Jones
if he would read law and help make a
smart man of him The witness said
he did not believe this. The form of
will submitted by Patrick, said Jones,
purported to leave all the property of
VIM. M. Rice to Albert T. Patrick.
Il asked Patrick what he was going
to do with sit." Jones said. He told
me if / would typewrite it he would
see about the signing of the witnesses.
said would help him. wrote it for
him. The defendant took it away. He
said it would not do and he would have
it rewritten at his office. Patrick asked
if Mr.. Rice had made any other will
and 1 told him yes. l said I had seen
it and knew where it was kept. 1 got
it for him. The will of 1896. He said he
did not think it right for Mr.. Rice to
leave so little of his property to his
relatives and so much for charity.
agreed with him. Patrick told me we
ought to get the same witnesses to the
new will that had signed the will of 1896
Palmer and Wetherbee of Swanson's
bank. He said all the heirs under the
1895 will would get more under the new
will. 1 told Patrick he was taking too
much for himself and that he would
never get such a will probated. Patrick
said, nonsense, all the relatives get
more than in the 1896 will and they xill
all employ lawyers to get my will pro-
bated.'"
Replying to questions by Mr. Osborne
said the wills of 1900 was submitted to
him in a dozen different forms before it
finally took its present proportions. He
and Patrick talked over different items
in it and some times they would change
them.
Mr.. Patrick said he would give me
anything ] wanted the witness said.
Ito help the thing through. 1 objected
to being a witness to the will and hav-
ing to swear to the signature, but I
agreed to help get the will probated. 1t
eficiary because the heirs might make
a claim of undue influence. One of the
forms of wills we discussed made me
the heir instead of Patrick.
Patrick wanted to get 1896 witness
for the new will. Wetherbee called on
Mr.. Rice to get some money to take up
a mortgage on Texas property. He was
not successful and / thought it a good
while he was suffering from his disap-
pointment. I called up Patrick on the
telephone and told him about it. Pat
rick suggested that 1 call on Mr.. Weth-
erbee and sound him. 1 called on Weth-
erbee and told him that Mr.. Rice woke
up 'dopey' at times and that on such
occasions I could get him to sign any
thing said if he would get a will
made naming himself as an executor
could get it signed
What did Wetherbee say?" asked As
sistant District Attorney Osborne.
He said it would be like cutting off
his own head. He said that he would
like to be the executor of a big estate
like Mr. Rice's but that he would not go
into such scheme as that
did you tell Patrick about that in
terview?"
Yes, and he told me not to bother
with Wetherbee any more. He said that
he could get one witness and l would
have to be the other. I objected that
could not be a witness and beneficiary,
but he said that difficulty could be got
ten over. A few days later. some time
in January, 1900 he told me David L.
Short and Morris Meyer would serve as
esSpS