The St. Louis Republic., 1902-02-01
Defense Makes Effort TO Supper.
Theory That Accused Is ii Vic
tim Of Scramble for Millions.
jONES'S BROTHER ON STAND.
Main Point of His Proposed Tes-
timonv Was Excluded hy
Court-AiiEliken Expected
in New York To Day.


REPUBLIC srECIhL.
New York Jan. 3l.- Every efYor, IS heing
made by the counsel for Albert r. Patrick
To show that She charge cf murder IS notlI-
ing more than an Outerowth of n scramble
for millions. and that the h"irs-at-law COZ
spirel With the trustees Of the William y.
Rice Institute TO establish the will OF 1896
at the expense of the chief beneficiary un-
der the VIII Of 1900.
Mr.. Osborne had intended to make Will
liam l.. Jones his chief witness Of the day.
but tife main point of the proposed testl-
nory was excluded by the Court
Mr. jones IL Texas farmer and
the brother of Charles +. Jones, old Mr..
kice's valet. He came TO this city to swear
he had purchased chIoroform in {, Calves
ton crug store and had shipped IL to his
brother In New York. This Was the poison
presumably used by Jones at Patrick's suS
sestion ia commit the murder.
No Conspiracy EstabIished.
Mir. OsbOrne's questions drew torrent OF
objections from the counsel for the defense.
who Insisted that no conspiracy had yet
been esta oiisheG. The Recorder ruled with
them, holding that the evidence could not
lie allowed at this time, as the material
which killed Mr.. Rice had not been traced
TO the dc.encant
As the Recorder would not change his
ruling the Wallets brother stepped aside.
Mr. Osborne declared he would call him
later.
y. h. Cohn. Mr.. Rices agent in Hous-
ton, was recalled for cross-examinatioE.
He said he was a brother-in-law of r;man-
uei Raphael, secretary Of the Rice Institute.
He was originally employed by Mr.. Rice In
1893 At salary Of Sle4 a month. He is now
getting $50. Ills collections for the estate
tn hon 4. I'D
discussed the situation with Mr.. Raphael
ana Captain James Baker and had real the
newspaper ac. oun,s aud discus. ed tn, III he
fore seeing the original signatures. which
he pronounced spurious.
Henry Oliver, formerly of Houston, told
about the burning of an oil mill in that
a letter directing that the mill ;,e rebuilt.
For this purpose Mr.. Rice authorized a
draft on himself for sl00,Vo.
CfilRrOfOr rming of Rice.
This draft reached New York on Septem-
Der -. 1870 Rice was going to pay u Sep
teinber q, the following Monday. 1t was
TO prevent this ready cash being sent away.
the prosecution charges. that Patrick had
Jones chluroiorm The old man on Sunday,
September %.
Asslstan: District Attorney Osborne fore
stalled the attempts of the defense to make
capital out of the fact that the Nassa-
chusetts heirs. under the Rice will OF 1885.
had secured written agreements whereby
they were TO receive much larger sums than
mentioned in the Will If they should not
contest the VIII
Mr.. Osborne made the announcement him
self hat such an agreement existed. and
offered the document in evidence. uhowing
sS2J,C-9 WAS to be distributed among those
heirs who are 4 brother of Mr.. Rice, two
sisters and some of their children.
T. agreement was perfectly legitimate
1ne, said Mr.. Osborne, and was made to aid
an early settlement of the estate and 10
avoid litigation. which might tie 1t up for
years 10 come
Judge Taomas w Ford OF House: VIII
lam q. Rucker of Groesbeck, Tex: Fredar-
lex /. Eiinn of Houston. grand nephew
lf Mr.. Rice. and William NJ Rice. Jr.. of
Hyatt. TeS., Il nephew of the old man. also
estited but nothing of an important nature
developed.
Mr.. John r. Milliken Of St Louis. Pat
-ick's brother-in-law, is expected to visit
Patrick tomorrow.