The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-01-28
PATRICK MURDER TRIAL.
PROSECUTION BEGINS INTRODUCTION
OF EVIDENCE.
THE ALLEGED FORGED CHECK
duced-Hard Fight Of the Defence
to Have this Matter Ruled Out-Of-
hefals of Swenson & Sons Bank
Testify to it's Presentation and Sub-
Occurrences Connected
With THE Check Pronounced a
FORGERY.

New York. January 2A.-The taking Of
evidence was begun today in the trial
of Albert 7. Patrick. a lawyer. on an
Indictment charging him with the mur-
Ger OF William Marsh Rrice, in this
city. in September 1900.
John H Wallace. paying teller at
Swenson's bank. where Rice had an &C
count, identified a check for SIS, 600 pay
able to Albert T. Patrick as one that
haG been presented To HIM 1t was the
misspelling Of the name Albert" that
caused a telephone cali to Rice's apart
:lents. which resulted in the discovery
that the man was dead. The witness
said the check was handed him for pay
inent by Short. who said he came from
Mr.. Patrick's. Wallace told of the tele-
pnonic communication with Rice's house
and of h discovery that Mr.. Rice had
lied the previous day.
counsel for Patrick objected TO every
question asked on his line on the
ground that the witness could not tes-
tlfy to hearsay evidence. but the re-
corder over-ruled the objections until
Assistant District Attorney Caravan
IN II 80 NAA1 a. OAA LIN
sustained the objection that Mr.. Wal
ace could not tell WIN ii was. Wallace
testified that he had never seen Patrick
until the day the check was presented.
so far as he knew, Rlce's business was
attended to by Jones. the valet secre-
tary.
In your opinion is the signature on
the check the signature of William NJ
Tlce?" asked the attorney for the pros
ecution.
Counsel for the defence objected. out
the witness was allowed to reply.
In my opinion" ne said. lit was not
written by Mr.. Rice"
On cross examination Wallace said
hat when the check was returned to
the bank endorsed Albert T. Patrick
and Albert T. Patrick he stamped it
accepted" although he had grave
doubts as to the genulnenesS of the sig
nature. Finally, he said: Il don't
know what's wrong with the signature.
hut 1 dom like it. 1t does not o
natural to me. The final curve OF the
M" for instance. looks as if it was
III after thought"
W.. o. Weatherbee. a clerk in the bank
O. Swenson & Son.. said he knew Rice
for twelve years. He was asked to tell
# a visit alleged to have been made by
Jones, the valet secretary, to h wit
ness home in Brooklyn. but this was
ruled out. Weatherbee said he had
never seen Patrick until the day the
check was handed in at the bank. He
mad not known Patrick to be connected
in any way with Rice's business. When
Patrick called at the bank he saw Mr.
Swenson. In the conversation that day
Patrick said Rice's body was to be Gre
mated as 1.-The old gentleman was a
crank on cremation Patrick also said
:nere had been an understanding be-
tU cen him and Rice as TO What was to
be done with the proceeds of the check.
Weatherbee gave it as his opinion that
The s25, 900 check was not signed by Will
liam NJ. Rice.
Counsel for the defence objected to
:he admission of the $4,000 check as
evidence on the ground that the de-
fcndant was under indictment for forg-
ing the check and that it would not be
lair to bia the minds of the jury by
admitting it.
This check is one of the steps by
which I intend to prove h conspiracy
between this defendant and Jones' re-
piled Mr.. Osborne.
''The prosecution should not be allow
ed to say that a murder was committee
because they think a check was forged,
said Mr.. Moore for Patrick
The recorder admitted the check.
Under cross examination Weatherbee
said he was not an expert in handwrit-
ing and he could not analyze the sig
nature on the s25, 900 check. The doubt
in his mind was more general than
specific.
The witness said he did not decide
| the check was not genuine when ne
! first examined it. This was before IL
was stamped accepted"
Mr.. Weatherbee then testified that the
| check was accepted and certified and
that the certification was cancelled by
Mr.. Swenson after he a talked with
somebody over the telephone