Evening star., 1902-02-19
Rice's Valet Tells of Relations
With Patrick.
WAS OFFERED A BRIBE
THE LAWYER HAD SOME DEEP.
LAID SCHEMES.
Began Work of Corrupting the Witness
Gradually-Squabble Over
Evidence.

NEW YORK. February 19.-char,es r.
Jones continued today his testimony in the
trial Of Albert T. Patrick. accused Of the
IL urder of VIM. NJ. Rice. Jones was Rice's
valet and clerk. In his testimony yester-
day Jones referred to an affidavit which
he said was shown him by Patrick and
which purported to be signed by Rice. As
sisiant District Attorney Osborne called
upon the defense to produce the affidavit.
Mr. Moore. counsel for the defense pro-
tested that the action of the prosecution
was improper and Recorder Goff sustain
ed the defense. The assistant district at
torney was urging a reversal Of this de-
cisicn when the recorder adjourned court,
and he resumed his argument today At
the close of Mr.. Osborne's plea the recorder
ruled that the prosecution might present
secondary evidence of the existence of the
affidavit.
The examination of Jones was then re-
sumed. He was asked TO tell what were
the contents Of the affidavit shown him by
Patrick. He said it was paDer swearing
off Rice's personal taxes in New YORK on
the ground that he was q resident or
Texas. Patrick was asked what Jones re-
ceiyed. and on learning that it was $50
month replied that he, Jones, was worth
twice that much. Then. said the witness,
Patrick showed him form of will
The Matter of the Will.
Patrick said he would help Jones if he
read law and would help make a smart
man of him. The witness said he did not
believe this. The form Of will submitted
by Patrick, said Jones. purported to leave
all the property of William NJ. Rice to AL
bert T. Patrick.
II asked Patrick what he was going to
do with it, Jones said. HE told me If |
would typewritc 1t he would see about the
signing of the witnesses. ! said ] would
help him. | wrote it for him. The de-
fendant took it away He said 1t would
not do and he would have it rewritten at
his office. Patrick asked If Mr.. Rice had
made any other will, and | told him yes
said had seen it and knew where it was
kept T got it for him, the will of 1896.
He said he did not think it right for Mr..
Rice to.leave so little Of his property to
his relatives and SO much for charity.
agreed with him. Patrick told me we ought
to get the same witnesses to the new will
that had signed the will of 1S96-Palmer
and Wetherbee Of SwensOn's bank. He
said all the heirs under the 1896 will would
get more under the new will. l told Pat
rick he was taking too much for himself
and that he would never get such Will
probated. Patrick said: Nonsense. all the
relatives get more than In the 1896 will
and they will all employ lawyers to get
my will prObated.
Replying to questions by Mr.. Osborne.
the witness said the will of 1900 was sub
mitted to him in a dozen different forms
before it took its present proportions. He
and Patrick talked over different items in
1t and some times they would change
them.
Should Have What he Wanted.
'Mr. Patrick said he would give me any
thing I wanted the witness said. ito
help the thing through. objected to be-
u-if ha mill nd fn ha1 to
swear to the signature, but I agreed to
help get the Will probated. 1t was de-
cided that l should not be a beneficiary
because the heirs might make claim of
undue influence. One Of the forms of will
we discussed made me the heir instead Of
Patrick.
Patrick wanted to get the 1896 wit
nesses for the new will. Wetherbee called
on Mr.. Rice to get some money to take
up mortgage on Texas property. He was
not successful and l thought 1t good
chance to get hold Of him as a witness
while he was suffering from his disap-
pointment. I called up Patrick on the tele-
phone and told him about 1t. Patrick sug-
gested that I call on Mr. Wetherbee and
sound him. l called on Wetherbee and
told him that Mr.. Rice woke up dopey'
at times and that on such occasions l could
get him to sign anything. l said II he
would get will made naming himself as
executor 1 could get 1t signed"
what did Wetherbee say" asked As
sistant District Attorney Osborne.
He said it would be like cutting OFF his
own head. He said that he would like to
be the executor Of a big estate like Mr..
Rice's, but that he would not go into such
q scheme that
did you tell Patrick about that inter-
view?"
Eyes and he told me not to bother with
Wetherbee any more. He said he could
get one witness and / would have to be
the other. I objected that could not be a
witness and a beneficiary, but he said that
difficulty could be gotten over. A few days
later, sometime in January, 1860. he told
me David L. Short and Morris Meyer
would serve as witnesses"
Jones' Testimony Yesterday.
In his testimony yesterday Jones said he
was employed by Rice in Houston, Tex.
and came with him to New York in May,
1897 He did Rice's clerical work. and
wrote his checks. Patrick. he said, called
at Rice's apartment in October, 1899, to see
Rice, and said his name was Smith. Rice
was in bed and the defendant said he would
call again. This he did about week later.
"It was about o'clock in the evening" y
said Jones' II saw him In the parlor. Mr..
Rice was in the back room. He spoke Of
Texas news. Either at that visit or one he
paid a week later Patrick talked about the
trial of the claim against Mr.. Rice under
the will of Mrs. Rice. He seemed much in
terested, and asked II the case had been
settled. He said the evidence was very
strong in favor Of Mr. Holt.
ION his second visit. think, he told me
he was Mr.. Hollis lawyer. He told me the
terms OF a settlement had been arranged,
and said II would write 1t out on the type
writer he would get it signed. He gave me
a sheet of paper. the writing In pencil, that
he wanted copied
Rice Did Not See Patrick.
Ibid Mr.. Rice see Patrick" asked Mr..
Osborne for the state.
"He opened the door while Patrick was
talking to me. 1 don't think he recognized
him.
Patrick said he thought it would be a
good thing to have some old friend write a
letter to Mr.. Rice suggesting compromise.
He spoke of Col. Whitte1sey. but told him
Judge Hill was the only man who had any
influence with Mr.. Rice. Patrick said he
was sure he could effect compromise IL he
could get an interview with Mr.. Rice. But
told him Mr.. Rice would not see him II he
wanted to talk about the suit"
Led by Mr.. Osborne Jones described the
letter Patrick wanted him to write. The
letter was to state that Mr. Rice had lost
confidence in his Texas lawyer. but that he