New-York tribune., 1902-01-23
PATRICK UNDER FIRE.
A JURY SELECTED. OSBORNE TELLS
IT HON lie WILL FASTEN
CULT on LAWYER.


CULT OK LAWYER
The jury to try Albert T. Patrick. accused Of
the murder OF William Marsh Rice. was selected
yesterday. and Assistant District Attorney os-
borne began his opening for the prosecution.
The twelfth juror chosen soon after noon.
but George II. Carpenter. who had been accepted
as the third juror. was excused by Recorder
Gof after consultation with counsel for the
prosecution and defence. and il was nearly
p. m. when a juror found to take his place.
The Patrick jury, finally sworn In, consists
OF James Machell, diamonds. No. 32 Park Place,
foreman; Frank p. Billmeyer, furniture. No. 40
East Twenty -sixth-st.; Gustave Schirmer. music,
No III East Thirty-ffth-st.; Richard Murphy.
-four inspector Produce Exchange; Henry
Mason, manufacturer. No. 4 West One hundred
and-fourth-st; John d. Campbell. superintend-
ent, No. 212 East Forty-ninth-st.; Henry Budel-
man, agent, No. 207 East One-hundred-and-
tenth-st.: Lawrence F. Abbott, publisher, No.
lbs Central Park South; Edward s. Pringle,
bookkeeper, No. S09 st. Nicholas-ave.; William
H. Bradford express No. 496 St. Nicholas-ave.; ;
John H Meyer coal. No IS Beekman Place, and
John B. Burggraf. manager. No. 167 East
Seventy -ninth-st
Before the recess Recorder Golf told the jurors
that they would be allowed to go to their homes
out Of court hours throughout the trial, and that
there was full confidence in their integrity but
they must be careful not to talk about the trial.
1t was 315 D. m. when Mr.. Osborne began TO
open the for the prosecution, and he said
he expected his address to be about four hours
in length. He said he would call witness
in the trial of Patrick the with whom Pat
rick conspired to kill old Mr.. Rice. The story of
the accompIice, however. would not be told until
proof of its correctness had been given TO the
jury After telling of Mr.. Rice's accumulation
of wealth in Texas, Mr.. Osborne continued:
He had millions of dollars-so many that he had
70 hire a. man 10 cut COUPONS m fTr % MN R b e
plice, Jones, met him and became his tactotum ana
eccentric, but in the enjoyment of good health He
r '9Res Rice wa as WdaW twice vS mad His
second wife when she died made will dlsposng
titled ed to - do as he was resident of Texas Mr.
Rice claimed to be a citizen OF New-York and that
win and fought the case in the United States Court
He was represented n that suit by the firm of
Baker, Fox, Baker Luf. Through them Mr.
oason haq wth about n For the ate Years Of
M ire 9d he had @ @ seP he ogep pde tha institute the th
siduary legatee OF ali the money he had to leave
make ie new new Viii This he did in 1886 leaving
fOurteen-ifteenths of his estate to this institute.
Now we come down TO the time Mr.. Rice living
at No 800 Madison-ave., with his man Jones as his
accounts in the bank of swenson & Son. On Sep
tenber p 1863 young man IN that BANK looked @ a,
who presented check He saw this check I was , OF
the valet Jones and that it was made payableNto
Albert T Patrick and signed William N. Rice"
W o. Metherbee who thought o 6 the M signature
faulty The check was for s22ve ana me 6 tha;
ii be certified. Eric swenson, Of the banking firm
.iabeTf. and not Aibert and sent it back
Endorsement. The bank was, still doubtful, and and
called Mr.; Rice on the telephone Jones ,ie reiPiied
on talking TO Mr. Rice personally and Jones ad-
med @ ban 5h M ecReG ned % honoT the check and Pat
rick called upon them. He, said he had. another
ticaly exhausted Mr.. Rice's account in the bank.
Mr. Moore interrupted at this point TO ask
if the District Attorney intended to prove all
his statements. Mr. Osborne said he did and
Mr. Moore sat down. Mr.. Osborne suggested
10 the court that he had reached the point
where he could leave off until the morning, but
the Recorder told him to go on. He continued:
Patrick told the bankers that Mr. Rice before
his death had practically made over TO him every
dollar he owned. and that he did not propose hav-
said he had not Hotified the bankers of Mr. Rces
his death and would refuse 10 cash the check
Metherbee was one of the witnesses to Mr.. Rices
ll @aSs IN 1886 Jones went 10 Brooklyn TO see
II object" interrupted Mr.. Moore Patrick
cid go to Brooklyn"
MIR. Osborne promised TO show that Patrick
cognizant of that visit and the Recorder
refused 10 interfere.
Mr.. Moore did right to interrupt me-" de-
clared Mr.. Osborne. Il coming to the vital
point OF this Patrick did not go to Brook
lyn This is a good time to study the character
of this defendant. He reminds me of the story
of savage warfare Then, if man catches a
prisoner, he puts him before him, to receive the
weapons of the attacking party. You won't find
Patrick in any place of danger He was behind
his accompce. The idea to get the same
witnesses to the will TO be made that were on
the genuine will, and so Jones went TO Brooklyn
10 see Wetherbee."
Mr.. Osborne was retailing the alleged con-
Eersation between Wetherbee and Jones in
Brooklyn. when Mr.. Moore interrupted again
He said he desired to note an objection that
he might ask the Recorder later to charge upon
the responsibility of his client for a conversa-
ton. at which he was not present, and with
which he could not be connected.
The Recorder said he would see that all
the defendants rights were preserved and sug-
gested an adjournment to give the Jurors a
s:hance to wind up their affairs and to prepare
Tor their absence from business for the next
month or so. Counsel were agreed, and an ad-
journment was taken at 415 p. m. until 1O:3O
a. m. to-day.