The age-herald., 1902-03-26
Says Patrick is Guilty of Mur-
 deriRg Millionaire Rice
HITS OPPOSING ATTORNEY
MT. Moore Promptly Denies Statement and Judge Golf Ordered Prose- cutor to Confine Himself
 Strictly to Ills Case.


 Attorney Osborne summed up for the prosecution today in the trial of A. T. Patrick, accused of the murder of Will liam M. Rice Mir Osborne referred to what he called an attack on Captain Ba- ker by Mir. Moore yesterday.
 q was never so much insulted," Mir Osborne said, land no jury was ever Moore showed when he attacked the character of Captain Baker. There Is nothing in the testtmony-not a scintilla of evidence-against Baker,"
 MT. Moore objected and Recorder Golf told MT Osborne to conflne himself to his case.
 Your honor should have stopped Mir ed. He did not keep to the records; there was no word against Baker there"
 Go on with your case,' ruled the re- corder.
 Must Stamp Out Crime.
 ''Mr. Moore said to you. gentlemen" MT. Osborne continued turning to the jury, that you must disregard the testi- mony of Jones. Well, I disagree with him. The case against Patrick Is proved without the testimony of Jones. It will show the guilt of Patrick from the wit nesses of the defense and out of the speeches of MT. Moore and Mir House." MT. Osborne declared that crime and criminals must be stamped out "Crime is rampant" he said. "A condition of an- archy is growing. There was more an- archy in this court during this trial than T I. t,, tfA tho foundations of society were attacked by the behavior of counsel and their con duct of the case"
 MT. Osborne brought up the evidence that MT. Patrick was still interested on the opposite side of Rice's wife's will against Rice. He said tho defense had not produced a scrsl of testimony to show at the time b. was deawing the new Patrick will' that Rice had even seen Patrick to know him by the name of Patrick. No living witness has been brought here to say that Patrick ever met Rice; who ever saw Patrick with Rice at that time" said MT. Osborne
 Mrs Carpent er," interrupted Patrick.
 What time? asked MT. Osborne.
 May 25 190o' replied Patrick.
 That will was in process of manufac- ture long before that answered the dis trict attorney.
 Counsel drew a character sketch of Rice describing the life of ease and luxury he enjoyed while his wife was living, and his retirement to private life with one servant when she died. He was man. MT. Osborne declared. of pure and char itable life like Peter Cooper. His one mania" MT. Osborne said, was that his wife had been cheated by & lawyer Into making will that would rob him. Patrick represented the people who were trying to probate that will. What would MT Rices attitude have been to PatriokP If Rice was Patricks client, Patrick must have 1t In his power to prove It, and he has not done it."
 Rice Never Knew Patrick.
 MT. Osborne declared that Rice never knew Patrick and that Patrick was never Rices lawyer.
 At the afternoon session MT. Osborne resumed his summing up. He asked the jury to consider if 1t was reasonable to believe that a man like Rice, who, be- ginning at $2 a week, had amassed a for tune of s7oOO,0OO, would choose Meyer and Short as witnesses to his will.
 Do you think if I could find an old millionaire stuck on me'-that is Patricks own eXpression-who wanted to leave me million or more, that 1 would get wit nesses out of my own office? Not much. The witnesses should be men of unim- peachable integrity. Where did MT. Rice go for the witnesses to his first will where any sane man would go- to his bankers"
 Mir. Osborne compared the two wills in support of his contention that every one who will testify to MT. Rice's habit of handwriting was mentioned for a legacy by the will of 1900
 MT. Osborne faced toward the defen- dant and raising his clenched hands above his head declared: Gan any one doubt the guilt of this man?. That cre- nation letter, idotically worded as 1t was, must convince any honest man of Patrick's guilt.
 "Remember, this is lawyers crime. Patrick knew the code. Jones had no op- portunity to kill MT. Rice. Patrick took are he should have no motive. Jones was not mentioned in the will. Patricks plan was to prepare his defense with every move in the Rice crime. The cremation letter was fixed and then Patrick was able to prove that he had not been at the Madison avenue apartments Tor nr- teen days He did not call to see his dy- ing friend. He knew MT. Rice was going to die. He wrote to Holt on September 1T that Mr. Rice had but little longer to live.
 we don't want the testimony of Jones' We have shown by MT. Curry that MT Rices condition was normal at noon the Sunday he died. Officers of the tele- phone company have proved communica- tions between Patrick and Jones' Mrs. Thompson tells you and the elevator man corroborates her, that she called at the house and could get no answer to the bell.
 Jones Was There.
 "Jones was there, locked up with the old man; the elevator man proved that What was he doing there? We know he had chloroform; we have proved this by witnesses. What did Jones do that even ing?e Did he telephone to Patrick ana did Patrick rush to the deathbed Of his dear friend? Not much. He waited TOT witness and he then took possession or all the property he found there
 In his concluding remarks MT Osoorne declared that no matter where the Jury took up the discussion of the case they would find Albert T. Patrick at the bot tom of every suspicious circumstances
 Recorder Golf will charge the jury to- morrow and some time before night the jury will begin the consideration Of the testimony they have heard during the