New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-03-07
"NO CHLORoFORM"-CURRY
RICE'S PHYSICIAN DENIES he FOUND
EVIDENCES OF POISON.
DEFENCE IN PATRICK CASE DECLARES
THERE WAS NO MURDER-MOTIoN
TO DISMISS DENIED.


TO DISMISS DENIED.
| When the defence of Albert T. Patrick &C
| cused Of the murder Of W. NJ. Rice. begun
| before Recorder Golf and jury in the Court
| of General Sessions yesterday morning, Pat
| ricks rich brother-in-law, John T. Milken. and
| his sister. Miss Emma Patrick, were in the
courtroom. Miss Patrick is fair. like her
| brother, and wears spectacles. She looked as If
| she expected the Recorder would grant the
motion of F. B. House, of Patrick's counsel, to
| direct the jury to acqut the defendant on the
| ground that the prosecution had failed TO make
a case against him. The lawyer argued that
| the evidence presented in the seven weeks OF
| the trial was not sufficient to show that crime
| had been committed, that conspiracy between
Patrick and Jones to kill Mr., Rice had not been
| proved that Joness story had not been cor
| roborated and that the allegations in the IN
| dictment had not been supported by evidence.
In the course of his argument Mr.. House said:
Suppose I should have an insane desire to blow
up this building meet ~ my Kim ITlenT' have bomb
| here come and me destroy the Criminal courts
~ bui6 10 a5v s1dh t5ing Wei he Accompanies me
! to the building. place the bomb the building is
| DESTROYED. and the authorities arrest me. say;
! Yes did it; but was nstigated by Mr.. Garvan.
M Nh 8e ebb aOg Ggt S Ma Osborne appearing
! corroborating my statement against MI Caravan 4!
| OF course not.
! borne argued that the evidence Of a conspiracy
given by Jones had been corroborated. Let US
take Mr. Houses own Illustration" he said.
| las he placed It, perhaps his statement would
not inplicate Caravan, but suppose Garvan had
| 100000 Insurance on the courthouse. What
would it look like then? That is this case, and
I hold that the prosecution has proved its case
without flaw
SAYS THERE WAS NO MURDER.
Recorder Golf denied Mr. Houses motion, and
Mr. House proceeded with the opening for the
defence He declared that Patrick could not
be convicted OF the murder Of Mr.. Rice. because
there had been no murder. William NJ. Rice"
he said, did not die an unnatural death We
shall prove that TO you by the most competent
witnesses, and we shall show you that nothing
justified those doctors who have spoken to
you in testfying that chloroform caused his
death. I charge here in this court that no ade-
quate autopsy ever made. and that the
theory of Drs. Donin Williams and Looms
that there was chloroform poisoning
afterthought. Gentlemen. this sounds extrav
agant. but we viii make good by our witnesses
every statement I have made"
Continuing. Mr.. House declared that the de-
fence would prove that Mr.. Rice signed all the
checks which the prosecution had tried TO show
haw been forged by Patrick thai Mr.. Rice had
said before his death that he intended to make
another will. that Mr.. Rice knew Patrick and
talked with him frequently. and that the story
OF Jones about conspiracy a tissue of lies.
DR.. Walker Curry, who attended Mr.. Rice in
| his last illness. the first witness for the
defence. Or. Curry is sixty-seven years old and
feeble He assisted to the witness chair.
wrapped in large carriage robe He said he
knew Mr. Rice and Charles F. Jones and the
defendant. Patrick He first Mr.. Rice at his
rooms March 20 1900 when he went there to
attend Jones. He attended Jones after Jones
left the Presbyterian Hospital
DR. CURRY's TESTIMONY.
& Sa OF msfeaF oe anG for c5ia2sorm and
.Q.-IW%s 9nythins said about that prescription?
months, and gave him second bottle OF 100 pills
o., Q;@ agI YOU ever treat Mr. Rice A.on March
take charge of him. on April 10 l examined him
e: Hoy ,, long ala yqq treat him: al treated
Q.--What did the examination you made show
q dropsicaI condition Of the feet and legs. He had
to have special boot made for him.
During the early part Of September. the wit
ness said. Mr.. Rices condition improved con-
siderably He greatly worried by the Gal
weston storm and flood. About that time. the
doctor said he made another examination OF
Mr.. Rice. He found his heart weak but sound
Mr.. Rice showed dispatch announcing the de-
struction OF the oil mills a few days later an
other examination was made. Dr. Curry found
the respiration depressed but there was nothing
apparently wrong with his lungs. on Septem-
her IT, DR.. Curry said. Mr.. Rice was uncom-
Portable and weak. He had eaten nine bananas
and they had disagreed with him.
HIS HEART WAS EXCEEDINGLY WEAK.
Q.1--What was the condition of his heart then?
Odd you him again September %?
Al did; in the morning and in the afternoon.
A. my first call there were two young in Mr..
Hlce's room, and Jones said, Come into the back
door lie heard my step, and said he did not want
10 sec any one. | told Jones to call when Mr.
Rice changed his mind.
Q-At the Afternoon visit? AIR Rice said he
was sorry he had not seen me I'm the morning. His
condition not good, but he was cheerful
There were some visitors there and l left
Mr.. Rice was very much depressed and that ne
needed sleep. | said | hoped he would get all
right but ! told Jones il the happened ne
must not be surprised
Odd you see him next day? Ayes There
was something wrong with his reathing II
seemed To require effort.
Q-To what did you attribute that condition?
"A want of nerve force.
The witness said his next visit was after the
death of Mr.. Rice.
EXAMINED MR.. RICEs BODY.
Q.-What did you find? A-The body of Mr. ratcs
was on the bed ! felt his pulse. put ear 10 his
heart. examined his eyes. his chest and his lipbs
l made "A second examina ton half hour later
Ce.--Why? A.-Well. | alone I'm the room and
! made an examination similar to the first one |
found the pupils of the eyes normal The body was
warm, but II colder than when | handled a.