The sun., 1902-02-11
CALLED PATRICK LUCKY DOG.
rp,ryD POTTS saw RICE CHECKS,
AMOUNTS BLANK.
Juror campbell shakes Hands All around
Patrick Nods-Dr. LOOMS Believes
nice was Poisoncd-No Siercnry In
vmbaInlIng Fluid. says then'st.

MI. v,s poIsoncd-NO Iercury In
vmbaimInE Fluid. says Chemist.
The trial Of Albert 7. Patrick, lawyer
charged with the murder of William M
Rioe' was resumed yesterday before he-
oorder Gon after a weeks delay, caused by
,So Illness Of Juror John ID. Campbell. MIR.
C.mnboll was in court early and looking
~ well as usual He shook hands with all
Lis associates in the jury box and was con-
r.o,,Latcd on his recovery from bad cold
,ho LAWYERS on both sides. He even got
,,,ilo and n nod from Patrick, who loses
- onnortuni,v to show by this or that trifie
r., bo is confident OF acquittal. The
NIsonor was MS sleek k-looking as ever. and.
= os his clothes were concerned, would
- anneaned more at home ushering at a
naon wedding than being leading man in
n murder trial.
Charles F. Jones. Riccs valet, on whose
confession of murder and conspiracy the
cose AGAINST Patrick is based, will probably
be n,,t on the witness stand to-day.
DR.. Henry P. Loomis, the pathologist. 1.
whose direct examination was completed
wben court was adjourned week ago
Yesterday. was the first witness called
one Of Patrck's lawyers, cross-examined
asto the cause of Rice's death. DR.. LOOMS
said AS the result Of my examination
] am not prepared TO say that Mr.. Rice
did not die of disease. But / found no
evidence Of disease.
That admission evidently satisfied Pat
rick's lawyers who have made their prin-
cipai fight to show that Rice was not rnur-
dered at all
Max Huncke. the manufacturing chemist
who made the embalming huid which
the undertaken used on Rce's body was
the next witness.
The prosecution wanted TO show by
this witness that there was no mercury
in his embalming fluid so as TO convince
the jury that the three-quarters OF grain
Of mercury found in Rice's body had been
given 10 him before death.
The chemist first said that the fluid con-
tanned arsenic and zinc, but that he could
not divuge the other ingredients.
.was mercury in that fiuid?- asked Mr..
Garvan, OF the prosecution.
no" replied the witness.
Recorder Gof ruled out that answer
and told the witness that he could say
what was in the fluid but could not name
the things that were not in IL. The chemist
finally named all the ingredients includ-
ing ,hc zinc, without mentioning mercury.
Under cruss-examination the chemist
in combinations of zinc.
John r. Potts, the prisoners friend and
former counsel followed the chemist on
the witness stand.
Potts's voice resembled that OF young
lady eocutionist" recting something
soft and sweet and low in dimly-lighted
room. The jurors grinned through the
first hour Of Potts's examination and looked
bored during the last two.
Potts is a stenographer as well as a lawyer.
He said that he had known Patrick ever
since 1870 when he met him in Texas and
that he had been the prisoners intimate
friend since 1895. Potts testified that he
knew Morris Meyer and David T. Short,
the witnesses to the alleged forged will
Of 1900 under which Patrick is Rices residu-
ary legatee, and that both Of them were
employed in Patrick's office. Potts also
testified that he had introduced Short to
Mayor Van Wyck and that shortly after
that Short was made a Commissioner Of
Deeds for Texas.
-Did YOU ever see Rice in Patrick's Officer
asked the Assistant ,I pDi, District Attorney.
O. 10 you know Charles +. Jones? A.
q. When did you meet him? 4. On one
O. Where; \ In Patricks once. Patrick
introduced him as Mr.. Riec's secretary
Patrick; 4 Yes. for the very first time on
Sept H. 1900. II was in my printing ONCE on
Vesey street where print Law reports
TO lend him $50 and did 1t.
q What did he say'
4. He said that rich client of his had made
sd sas aad hs sed e was
true. Then he took ME to a safe deposit
vault at go Broadway where he showed me
was @ LOOKING 5 fu at them some eRecRs signed WIN
NJ Rice but with blank spaces left for the
amounts, dropped out. ! said Albert, you
that was valid, and he said 'r,oh. that's all
right; the estate is mine. He said some
pHs NsoSSn sSGgt S4s az Is IHt bs sne ana rusa
me and gave me his whole estate ! wouldn't
NIL out any checks.
Q. After Rices death did Patrick say to
10 YOU that Dr. Curry mad lost patient,
Jones an employer and Patrick client?
A. Those words are very familiar TO me
The Assistant District Attorney asked
what Patrick had said TO the witness after
Sept. II about Rices estate This ques-
ton was objected to by Mr.. House on the
ground that some time after Sept. H. Potts
became Patrck's counsel and that the
witness could not be asked to divulge con-
fdential communications.
The objection was overruled by Re-
corder Gof, who said that the time OF the
confidential relations between Potts and
Patrick had not been definitely estab-
hshed
Potts replied that Patrick had told him
lHdt rice was worth anywhere from nNe
TO eight millions.
Q. What did Patrick ever say 70 YOU about
Rce's health! A He said that Rice was
In poor health and liable to die az any time
Y. What did he say to you about his call
lnc on lNcey A. He said that he hadn't
been 20 see him for week.
Y. DID you ask him why he so neglected
feeble old man who had given him his fort
une' 4. les Patrick said that Rice was
peculiar and that he didn't propose 10 let
the Old man play fast aud loose with him.
The witness then told about his trip
70 the bank with Patrick when the latter
ined 70 get the Rice checks cashed.
Y What did Patricl; say 10 you at Rcc's
funeral; \ lie asked me to go down TO
Lolcc headquarters with hun. lie said
lhat Tho police had the mistaken motion
that k,ce 5 death WAS not from natural causes,
out That hc would soon show that their
SUSPICION was grouudess
Under cross-eXamnation Potts testified
that fatrck had told him that he Patrick.
was 10 receive the Rice estate in trust and
dispose OF II at his own discretion.
ihe undertaker's assistant, Potter, who
embalned Rice's body, under cross-exami-
nation by Mr.. Moore, admitted that that
particular lot OF huid was received in sew
shtS-two bottles. In reply To a question
by Recorder Gof the witness said that he
had used the fluid from two of the bottles
Tor Mr. kice's body and that the sample
which was given to DR.. Witthaus for ANALYSIS
was taken from a third bottle
Andrew X. Randolph. "A real estate agent