The county record. [volume] (Kingstree, S.C.) 1885-1975, 1902-01-30
Patrick ON TRIAL.
Reputed Murderer of Rice Before the
Court.
TIE s25,0eO CHECK IN EVIDENCE.
The Check Was Accepted Though the
Genuineness of the Signature Was
Doubted.

New York, Special.-The taking Of
evidence was begun in the trial Of AL
bert T. Patrick, a lawyer, on an indict-
ment charging him with the murder Of
William NJ. Rice, in this city, in Sep
tember, 1900. John H. Wallace, paying
teller at Swenson's Bank, where Rice
had an account, identified check for
S25, 900 payable to Albert T. Patrick,
as one that had been presented to him.
1t was the misspelling of the aame
Albert that caused a telephone call to
Rices apartment which resulted in the
discovery that Mr.. Rice had died the
previous day. Counsel for Patrick OBJ
jected to every question asked on this
line on the ground that the witness
could not testify to hearsey evidence,
but the recorder overruled the objec-
tions until Assistant District Attorney
Garvin asked who answered the tele-
phone. He sustained the objection that
Mr.. Wallace could not tell who it was.
Wallace testified that he had never
seen Patrick until the day the check
was presented. So far as he knew,
Rice's business was attended to by
Jones, the valet-secretary.
"In your opinion is the signature on
the check the signature of VIM. NJ.
Rice?" asked the attorney for the pros
ecution.
Counsel for Patrick objected, but the
witness was allowed to reply.
I'm my opinion" he said, "it was not
written by Mr.. Rice"
On cross-examination Wallace said +
that when the check was returned to
the bank endorsed ALBERT T. Patrick,
and ALBERT T. Patrick" he stamped it
accepted" although he had doubts as
to the genuineness Of the signature.
Finally he said: 81 do not know what
Is wrong with the signature, but ]
don't like 1t. 1t does not look natural
to me. The final curve Of the IN" for
instance, looks as il it was an after
thought"
W. o. Weatherbee, a clerk in the
bank Of Swenson G Son, said he knew ;
Rice for II years. He was asked to tell
of visit alleged to have been made by
Jones, the valet-secretary, to the 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
had not known Patrick to be connected
in any way with Rice's business. When
Patrick called at the bank, he saw Mr..
Swensen. In the conversation that day
Patrick said Rice's body was TO be ere
mated, as "the old gentleman was
crank on cremation" Patrick also said
there had been an understanding be-
tween him and Rice as to what was
to be done with the proceeds OF the
checks. Weatherbee said it was his
opinion that the $4,000 check was not
signed by VIM. NJ. Rice.
Counsel for Patrick objected to the
admission OF the $25,000 check as eVt-
dence, on the ground that the defend
ant was under indictment for forging
that check and that it would not be fam
to bias the minds OF the jury by ad-
hitting 1t.
This check is one Of the steps by
which I intend to prove the conspiracy
between this defendant and Jones"
said Mr. Osborne
"The prosecution should not be al
lowed to say that a murder was COM
mitted because they think check was
forged" said Mr.. Moore, for Patrick.
The recorder admitted the check.
Under cross ss-examination Weatherbee
said he was not an expert in handwrlt-
ing and he could not analyze the Sig
:. .,,ro an tbo chook The dOubt In MS
mind was more general than specified.
The witness said he did not decide the
check was not genuine when ne nrss
examined it. This was before 1t was
accepted"
Mr.. Weatherbee then testined tnar
the check was accepted and certneo:
and that the certifcation was sanceiied
by Mr.. Swenson after he had talRea
with somebody over the telephone.