The Montgomery advertiser., 1902-01-29
TRIAL OF A. I. PATRICK
CAPT. JAMES A. BAKER AN I'M
 PoRTANT WITNESS.
He Tells of His Conversations With the Defendant in Regard to the Two Wills and
 the Checks.


 days session in the trial of Lawyer Al bert T. Patrick for the murder of mil Iionaire William M. Rice was taken up in the examination of Captain James A. Baker of Houston, Tex, He told of com ing to New York and being surprised that MT. Rice had engaged Patrick as his lawyer. He also related what oc- cured at his meeting with Patrick after Rice's death.
 Early in the session today Dr. Hamil- ton Williams, whose cross-examination was continued from yesterday, reiterated his opinion that the condition of MT Rice's lungs was due to the inhalation of 8 gaseous irritant.
 Captain Bakers examination will be re- stunned tomorrow.
 According to Captain Baker. Patrick said he intended to intrust Rice's Texas affairs to Captain Bakers firm. Patrick gave him the 1890 will and copies Of the 1900 will and of the assignment of Rice's property Patrick said he had taken a number of papers from Rices rooms and that he would show them to Baker.
 "I went to Patrick's office" Captain Baker continued, land We made an in- ventory of the papers. I agreed to de- posit them in some common place. MT. Gerard of Bowers and Sands, came with us and we deposited the papers in the safe of the Hotel Normandie Next morn- ing we took them from the hotel and placed them in a safe deposit vault down town. Later in the day (Friday, Septem- Der 2S) asked Patrick for the check on Swenson's bank, telling him 1 claimed the money as an executor of MT. Rice's will. He gave me the check, taking my receipt for it. Then I demanded the s-J,- 900 he had obtained from the Fifth Ave- nue Bank. He said he must consult coun- e.nIl lN1fn l,A. a.<s IE.x-~ .s-kl. The witness told of meeting Patrick with his friend Cox at the safe deposit vaults where MT. Rice's securities were kept.
 jected very strenuously to Gerard's pres ence. He said MT. Gerard was personal- ly objectionable to him and that he would not proceed unless Mir. Gerard left. Baker insisted that Gerard remain and Patrick yielded.
 The witness told of opening Rice's box in the vault and of the production by Patrick of what he claimed was list of the securities there.
 The list was wrong," said the witness, Tn every item but ono. He declined to give us 8 copy of his list. l said to Pat rick: In view of your hostile relations to MT. Rice, if you expected this will and assignment to hold in any court fin Christendom, why did you not have some friend of MT. Rice. the Swensons for in- stance, who had known him for thirty years. go with you to MT. Rice's apart ments and read over in their presence tho will and assignments?' Patrick replied. I expect ought to have done that. but you know MT. Rice was peculiar and he insisted that our relations should be se- cret. As far as I know no living man ever saw me in the presence of Rice ex- cepting. perhaps. O. F. Jones and I am not sure he did"
 Captain Baker told of A long talk with Patrick about tho 1900 will. Under the Texas law temporary administrator would have to be appointed. Patrick de- cnned to take any steps fin the matter. T told him. the witness continued. '"that would never consent to the probate of will of 1896 was the last genuine will of MT. Rice. Patrick replied that he did not care that he would just as soon see one Will proved as the other. He said he knew of Mir Rice's regard for the W. M. Rice Institute and intended to. see that that institute did not suffer. Patrick said he was the greatest sufferer by MT Rice's death because MT. Rice had ar- physical deliveries of all his securities" !"
 How did he say he obtained those checks?' asked MT. Osborne.
 He said that Jones brought them to him in conformity with an agreement MT. Rice had made with him. Patrick.) The $25o, O00, he said. was to settle the Texas litigation
 Did he tell you why he had not noti-
 
 ''I did not believe he did"
 The prosecution failed to secure the admission of any testimony as to the check for $65,O0O purDOrting to have been given by Rice to Patrick or to the will of 1S96 Assistant district attorney Osborne was very insistent as to the lat ter and the recorder finally told him he was annoying the court. Both rulings were made during the testimony of Cap tain Baker who remained on the stand and under direct examination until the court adjourned.
 The check for 900 was never pre- sented for payment and the court ruled that 1t was not pertinent to the crime. Baker testified that to the best of his belief the will of 19O'. the two checks of s25 GOO each and the cremation letter were forgeries. The recorder first admitted the will of 1896 in evidence and then re- versed the ruling, saying that he thought it was the 1900 will that had been offered.
 Mir Osborne said his object was to com pare the two wills to show that the will of 1896 was taken as the basis for the ed inducements for every one mentioned in the will of 1896 to decline to contest the will of 1900.
 MT. House, for the defense. responded that no proof had been submitted that the will of 1896 was ever in possession or the defendant until after the death or Mir. Rice.
 Baker was testfying as 10 the assig- ment alleged by the accused to have been given him by Ricet when the court ad- iourned The prosecution made formal demand on the defense for the produc- tion of the original assignment.