New-York tribune., 1902-01-25
THREE CALL CHECK FORGED
NINE BANANAS GIVEN AS CAUSE OF
DEATH BY PATRICK
sWENsoN. THE BANKER. TELLS OF ALBERT
T. PATRICKs EFFORT TO GET $4,000
PAPER CERTIFIED.

The taking Of testimony for the prosecution
was begun yesterday in the trial Of Albert T.
Patrick. accused Of the murder of William
Marsh Rice on September %. 1900. 1t dealt
mainly with the attempt Of Patrick 10 obtain the
certihcation Of checks bearing alleged forged
signatures of Mr. Rice on the day after Mr..
Rice's death. At the close of the session of
the Court Of General Sessions Recorder Goh
adorned the trial until Monday morning
The first witness John H. Wallace. pay
ing teller Of the bank of s. NJ Swenson & Son.
Examined by Assistant District Attorney Gar
van, he said a check for $4,000, apparently
signed by Mr.. Rice and drawn TO Patricks
der. was presented September "a 1900. by
David L. Short, VINO asked to have It certified.
The check was drawn to Albert" T. Patrick
and indorsed by Albert T. Patrick. In spite
of a running fire of objections by Mr. Moore of
Patrick's counsel, the witness testified that the
check was returned to have the Endorsement cor
rected. that later Mr.. Swenson called UP Mr..
Rice's valet on the telephone cancelled the cer-
tihcaton on the check and returned the check
TO Short. His examination continued in part
follows
9EPid g. 1 you see Albert T Pa Patrick that DAY? a.
70 see Mr. Swenson Mr.. Swenson consented 20 see
9-Had you ever seen him g,I before? >a-.. AmEever
Q-All Of Mr.. Rice's business as far as you know,
was done by Jones? A.-Yes.
M a9Rd haa7 that 5 say ae good 10
friend or our mutual" or our personal friend
Q.-Nothing else? A-Nothing else. left the
0.In your opinion Is the signature on this check
tne signature OF William ~ Rice? Am my
Q-19id s,6 Mr Wetherbee examine that check7 A
.o.-After you had both examined it you returned
II TO the young man? A.-Yes.
Mr.. Moore in the cross-examnation asked:
Il suppose you have vivid mental picture of
Mr.. Rice's signature"
No" replied the witness.
And vet you know IT we'll enough to testify
here that that is his?"
Il am not expert signatures"
"As 1 understand" the Recorder put in, Mr.
Wallace has already testified that that check
was not signed by Rice"
"Of course he did" interrupted Assistant Dis
trict Attorney Osborne. wake up Mr.. Wallace"
The Recorder ordered Mr.. Osborne's interjec-
ton stricken out.
Mr.. Wallace. pressed for reply. said he was
competent to testify to Mr.. Rice's signature
Il had known him twenty years" he said, Il do
not think he signed that check"
JoNEs's VISIT TO wETHERBEE.
". O. wetherbee. clerk in the Swenson &
Co. bank next took the witness stand. He
told OF nineteen years experience in the bank
and of an acquaintance OF a dozen years with
William NJ. Rice. Mr.. Garvan asked about a
visit alleged TO have been made by Charles F.
Jones 10 Nr. Wetherbee's home in Brooklyn.
Counsel for the defence objected that no
foundation had been laid for such a line OF testi-
mony.
The theory OF the prosecution IS that a
party TO the conspiracy. Jones went 10 Wether
bee TO seek his help in making the fraudulent
will The visit made in January. 1900 and
counsel said. that date was earlier than the date
bad
announced his ability 10 prove.
Mr. Osborne admitted the justice OF the OBJ
lection. and said the question had been asked
merely to preserve his right to recall the wit
ness when the time came to prove the con-
spiracy. Mr.. Wetherbee then told OF the pres
entation Of the So 900 check by David l. Short, |
on September "a 1890 in almost the same terms
Mr.. Wallace had used.
Q.---Dtd you ever meet Patrick before thar day?
.Q.-Who was with you when you saw Patricx in |
rick and John R Potts
QaWhor vas the conversation @ tic there? n co., Al
he wanted Il certified before the bank heard
to De cremated the next day. He toid Mr. SVEN |
order authorizing him 70 take possession OF all his
C-1That else did he say about the funeral? A
He said: The old gentleman was a crank on ere
o.DDid he say Mr. Rice gave him those checks7
Ale said he and Mr.. Rice had an understanding |
oWhat hat Ui else Ale said there would be no
necessity for an administi ator here, as Mr Rice |
had real property in New-York.
"In my opinion that $4,000 Albert check was
not signed by William N. Rice" the witness !
said.
The will of 1895. TO which Mr. Wetherbee was |
one of the witnesses was shown to him, and he |
identified the signature and said he Mr.. /
Rice sign IL.
Counsel for the defence objected TO the adn1is- |
sion Of the S25 900 check in evidence. He argued |
that the defendant under indictment for |
forging that check, and it was not fair 10 bias |
the minds of the jury by admitting it,
This check is one of the steps by which I in
tend 70 prove the conspiracy between this de- !
fendant and JONES'" replied Mr.. Osborne. I'VE
have proved that the body Of the check was
written by Jones"
And we say" retorted Mr.. Moore that the
prosecution should not be allowed TO say that
a murder IS committed because they think
check was forged
CHECK ADMITTED AS EXHIBIT,
The Recorder admitted the check as an
hibit
Eric 3. swenson. Of the banking hrm, test-
fed that Mr. Rice had been a depositor before
1875. He said he had seen Mr.. Rice write many
times and he familiar with Mr.. Rices
signature He told Of the presentation Of the
s25 GOO check. but was not allowed to tell of his
conversation over the telephone with Mr.. Rices
valet bv which he learned of Mr.. Rice's death.
Then he was asked about his talk with Pat
rick after the refusal TO certify the check
Q-What did Patrick say to you? Ale said ne
was very sorry had not paid the check; II was
Mr. Rice's intentions TO have the check paid [
Mr. Rice's death. and that an az