The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-02-18
PATRICK SURPRISED
When the Witness J. J. Whittlesey
Was Put on the Stand.
A FRIEND OF Mr.. RICE.
Visited Him as Late as the Month of
February, 1900.
HE WAS BITTER AT THAT TIME
Against Those Who We're Litigatiug
Him, Especially Patrick.
MORE TESTIMONY AS TO FORGERY
Experts Gave Testimony fer the stats
on the Disputed Signatures
to the viii.
He WAS BITTER AT THAT TIME
Against Those Who We're Litigatins
Him, Especially Patrick.
MORE TESTIMONY As TO FORGERY
Especial to The Postl


New York. February 1.-THE binding
snowstorm raging this morning did not
seem to have any material effect upon the
crowd that showed about the door OF the
court where Patrick is being tried for his
life
None. however. were admitted who did
not have business with the trial and as a
result. the court room was not unplcasautly
crowded, as it usually is. The prisoner ap-
peared with the same uncopcerued bearing
and had his usual conference with his at.
tOrneys.
The day was one OF surprise and several
well known people from Houston aston
lshod it is believed, even Patrick by their
presence to testify against him. 1t was
decidedly a more interesting day and the
relief from the hearing Of expert testi-
mony on handwriting was very generally
felt.
Ennis Cargil, formerly assistant cashier
of the South Texas National bank Of Hous-
ton, Texas. was the first witness. Mr. Car.
will said he had seen Rice write often and
that Rice always looked at his pen to see
If 1t was clear and II IT was not wiped II
on his coat before writing The witness
was shown the disputed signatures and
after examination he declared them no be
forgeries
On cross-e1amination the witness said he
did not believe the disputed signatures
were written With pen at all They
look to him, he said, as II they had been
made with some blunt instrument.
y f. HEREFORD. formerly assistant cash
Ter of the First National bank of Houston,
Texas, where Rice kept an account told of
handling Mr. Rice's checks frequently dur.
ing ten years and testified that all the dis
puted handwritings in evidence In the ca Sc
were forgeries.
Just before the recess for lunch the sur
prise Of the dry appeared. This was John
j. Whittlesey, and Patrick and his attor-
neys were more visibly affected by his sud
den coming than by any siituess SO far pre-
sented by the prosecution
Mr.. Whlttlesey, who is In middle life
claimed to be a close friend of Rice and
said he saw him only a short time before
his death. He knew Patrick for I'VE or six
years and had employed him 10 push GER
tain claims in Texas. In February. 1900
Patrick told the witness he wanted to set.
tie the Rice case for the benefit OF the It'll
giants as we'll as for the benefit Of the law
yers, Patrick said he thought Whittlescy
could aid him. being so intimate with Mr
Rice.
II asked him" said the witness, "if he
had suggested settlement 10 CAPTAIN
Baker. Mr.. Rice's attorney, and he replied
that Baker dared not talk settlement to
Rice"
whittlesey was accustomed, he testified
TO visiting Rice once or twice week and
as late as February 1890, he had gone to
see Patrick and went over the affairs ia
regard to the will OF Mrs Rice, then In
litigation.
At this time the witness said that Pat.
rick had asked him TO assist him In set.
Ting the dispute which was going on re-
gsrdlng Mrs. Rice's will and stated that
he, the witness, could h. of value TO Pat
rick in this connection because Patrick was
unable to see Mr. Rice, the latter refusing
to have any communications with him.
The Importance Of this testimony was
readily appreciated by all who beard it,
for 1t opposed the idea Of the friendship
that Patrick contends existed between Rice
and himself aud which must be shown t.
he fact # the holding Of the Rice estate
by Patrick is the result Of trust which
Rice created before his death and deliy-
cred to the defendant. The witness fur
ther said that Rice spoke with a great DIAL
of bitterness against those who were tight
ing him in the courts, even going so FAR as
TO mention Patrlcks name aud referring to
him and others as those who would benefit
by any settlement Of Mrs. Rices estate II
he should submit 10 one rather than the
heirs
Mr.. Moore went at whittlesey with all
his well known cunningness and succeeded
in one rather small point in confusing the
witness. This was In regard to one OF
the places where he met Patrick He gave
the st. Paul building here as place
where they met in February, 1900, In Pat
ricks office The defense is prepared to
show. it asserts, that Patrick had given
IN his Office in that building before that
date.
John F. Tyrel OF Milwaukee, a hand
writing EXPERT, followed Mr.. Whithesey on
the witness stand He testified that all the
disputed signatures were forgeres and that
all the conceded ones were genuine. lie
told how ne had reached his conclusion and
! proceeded to illustrate his methods with
! crayon pictures OF hands holding pens. Mr..
Tyreu expressed the opinion that the sig
natures on the Fifth Avenue Trust company
! checks we're made by traclngs. "fhis par
| tIcular signature" said the witness, point
ing TO the letter purporting 40 give MIR.
| Rice's ideas on cremation lis forgery.
| or that I have absolutely no doubt. They
got some models from an old back.number
| signature and that accounts for the differ
| eDte between II and the signature or the
| 1900 Will.