Evening star., 1902-01-24
Testimony of Bank Official in Trial
of A. T. Patrick.
CHECK FOR $4,000 IN EVIDENCE
Presented for PaymentAfter Death
of Millionaire Rice.
DEFECTIVE IN SPELLING

NEW YORK, January 24-The taking of
evidence was begun today in the trial of
Albert T. Patrick q lawyer on an indict-
ment charging him with the murder of Will
liam Marsh Rice I'm this city i'm September.
1900 John III. Wallace. paying teller at
Swenson's Bank, where Rice had an ac-
count, and where one of the checks payable
to Patrick's order was presented, was the
first witness
wallace identified check for so5 600 pay-
able to Albert T. Patrick as one that had
Deen presented to him. 1t was the mis-
spelling OF the name Albert that caused
telephone call to Rices apartment which
resulted In the discovery that the man was
dead The witness said the check was
handed him for payment by Short, who said
ne came from Patrick. Wallace told of the
teiephonic communication with Rice's
mouse and of the discovery that Mr.. Rice
nad died on the previous day. Counsel for
Patrick objected to every question asked on
this line on the ground that the witness
could not testify to hearsay evidence but
the recorder overruled the objections until
Assistant District Attorney Garvan asked
VINO answered the telephone. He sustained
the objection that Mr.. Wallace could not
tell who 1t was. Wallace testified that he
nad never seen Patrick until the day the
check was presented. So far as he knew
the Naiet-secretary.
Not Rice's Signature
In your opinion is the signature on the
check the signature of VIM. NJ Rice?"
asked the attorney for the prosecution.
Counsel for the defense objected. but the
witness was allowed to reply.
I'm my opinion" he said, 'it was not
written by Mr.. Rice"
On n~.crOSS-examinafion Wallace said ba
when the check was returned to the bank
lndorsed Albert L. Patrick and Albert Il
Patrlck, he stamped it Accepted al
though he had grave doubts as to the
genuineness of the signature. At the re-
quest of Patricks counsel the witness went
over the signature letter by letter to point
out what he considered discrepancies from
Rice's writing Finally, he said
don't know what's wrong with the
signature, but L don't like it. 1t doesn't
LOOK natural to me. The final curve of the
NJ Tor instance, looks as if it was an after
thought
wallace had never seen Rice and Cap
tam Baker of Texas, an executor of one of
the Wills In dispute together at Swenson's
bank or any other place.
w. o. weatherbee's Evidence.
w. o. Weatherbee, a clerk In the bank Of
Swenson & Son, said he knew Rice for
twelve years. He was asked to tell of a
visit alleged to have been made by Jones'
the valet-secretary, to the witness home
in Brooklyn, but this was ruled out
Weatherbee said he had never seen Patrick
until the day the check was handed in at
the bank. He had not known Patrick to be
connected in any way with Rice's business
When Patrick called at the bank he saw
Mr.. SwenSon. In the conversation that
day Patrick said Rice's body was to be
cremated, as 'the old gentleman was a
crank on cremation" Patrick also said
there had been an understanding between
him and Rice as to what was to be done
bee gave it as his opinion that the S25 900
check was not signed by VIM. NJ. Rice.
Objection by the Defense
Counsel for the defense objected to the
admission of the $4,000 check as evidence
on the ground that the defendant was un-
der Indictment for forging that check and
that it would not be fair to bias the minds
of the jury by admitting it.
This check is one of the steps by which
I intend to prove the conspiracy between
this defendant and JONES'" replied Mr.. Os-
borne.
THE prosecution should not be allowed
to say that murder was committed be-
cause they think a check was forged" said
Mr.. Moore for Patrick.
The recorder admitted the check
Upon cross-examination Weatherbee said
he was not an expert in handwriting and
he could not analyze the signature on the
$4,000 check. The doubt in his mind was
more general than specific. Weatherbee
was Still on the stand at recess.