The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-03-07


Now York March SIS The defrpsc Of A.
bert Y Patrick was fairly opened trdny
not only by the speeches Of Mr. House
but also Ivy the testimony Of Or Curry
who was attending Mr. Rice A. the time
Of his death The counsel for the dofcnd
amt went at their work vigorously as n
anxious to present their side Of The case,
and they rather resented Mr. 0sbornes
calling another witness, who, In the end,
proved to he of little importance, ospc
ciuily as the very thing he was called upon
to testify was not allowed by the recorder.
Patrick looked rather fresher today than
he has for some time past and he went
through one of the most trying ordeaIs hat
he has had to face so far in the trial
without changing color. This was when
Mr. Osborne. in arguing against the mo
tiou 10 dismiss, turned suddenly on the
defendant and expressed his feelings FOR
him in no unstinted terms. Patrick met
the prosecutors gaze with a persistence
which rather made If lose some Of its
force This is really the first time Osborne
has been explicit i'm showing his feeling
toward the man he is prosecuting and he
did 80 in manner that is Characteristic
of him
As expected. the motion to dismiss was
the first play on the part Of the defense
This Is always a ceremony in every trial
In criminal court after the prosecution
has closed In tho last murder trial with
which Mr. House rad anything to do, he
made this motion in pcrfunctory way
and very much 10 cTcrvhody's surprise Jus
tirc Fursman. Who was trying tho case,
ordered the Jury n bring In verdict n
not guilty unon tho spot. To-day. how
ever he began by stating that his motion
was not q formal ono. hut was made be.
cause he verify believed the defendant
Was entitled 10 an acquittsI AZ this time.
The argument hc made was strong one,
Rut Mr. Osborne displayed unusual clever
ness in meeting II and as soon as ne had
finished the recorder promptly announced
that the motion Of the defense was denied.
Every body In court then settled down
to hear the opening address Of MIR House
Directly opposite the jury sat Miss Emma
| Patrick With Mrs Francis, Patrick's for
mer landlady The address Of the senior
attorney for the defense was undoubtedly
strong, although Il was not as comprehen
| sive as some expected it 70 he. lie evl
IDENTIFY preferred not TO outline too closely
]
! In fact. Mr. House spent most OF his iim'
in commenting upon the testimony already
given rather than IN telling Of what wal
! stnl to come. Mr. House is probably th'
ablest criminal lawyer in New York to
day. His knowledge Of the code and hi
ability in handling a defense are every
where among lawyers admitted. lie ha
undoubtedly drawn strength to the defens'
OF Patrick by his presence. II In no othe
way. aud his magnificent presentnent o
the case as the defense would present
was telling blow for Patrick.
When he said today that there was
conspiracy against Patrick. but that os
borne had nothing to do with It, the state
ment was a surprise; not that he was alto
gether expected 10 accuse Mr.. Osborne o
anything dsagreeable but while statln
that q conspiracy did exist tho further doe
lsruion that Il was unknown 10 tho si
Eacious prosecuting attorney and hc was
I in fact. merely tool sounded particuiarl
strange The oprDipg showed that Tho Dc
fnnss wsais ceatAst itsslf largely with Al