New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-03-22

IT HAS BEEN AGREED To SUBMIT IT TO
THE Jury NENT WEDNESDAY,.

Yesterdays session i'm the trial Of Albert T Pat
rick was long enough n Kermit the prosecution -
close its case i'm rehuttsi When Recorder Goff
granted an adjournment until Monday It was with
tho understanding that the defence should have al
Thar dav for summing mp that the prosecution
should Un Tuesday and that the cas- should
60 the jury Wednesday.
~. Moor surprised the spectators hy making
what was considered n be Concliatorv speech. i'm
which he referred 70 rhe heavy responsibility
sci had bear I'm trial of such duration. and
ended by hoping that the Recorder would forget
past differences The defence. Nr- Moore assured
the court. had complaints 10 make az the treat
mont counsel had received.
Recorder Cor replied The court eympathi
with counsel in case like this 7 realize the great
strain they under in its preparation and con
stTuc1iou. tho almost inevitable conflicts which
such Q condition gives rise 10 and the irving effect
Of all Il is strange that tempers get rufIied
and words uttered not exactly in conformity
with judicial proceedings"
II was rumored after the adjournment that Nj
Moore had made the concfIiatorv speech at the
reques; OF Recorder Gof. Recorder Goff. when seen
a. his home last night. said it would be improper
for him 70 say anything about the subject.
Some Of the witnesses that Assistant District At
tornev Osborne wanted TO call i'm Tebuttal We're
ruled ont Yesterday. one was bank teller who
cashed one Of the Rice checks after Mr.. Rice's
death. M Osborne said he wanted 10 show Toy
the witness that the regular teller Of Tho bank
absent when tho check was cashed.
Why did You not call him for the case in 'nl"f.
asked the Recorder u expected the defence would
call him replied Mr. Osborne.
Well II YOU took that chance ruled the Re
cordor. Won must abide by the result. ! viii not
allow thu testimony CAL the cook cried the
Assistant District AttOrUey; AMI aged woman.
in rusty black. who gave her name Elizabeth
Costello was ushered TO the stand She
ployed hv Mrs. Francis for nearly three weeks I'm
September. 1890. she said. and was called dis
prove Miss EIlotts statement that supper late
on Sundav, September =. the DAY Of Mr. Rice's
eeath.
~ saw Mr Patrick that day" she said. in reply
70 Nir Osborne. He was IN the kitchen fixing the
door. and he did nothing TO the gas range
hat time was supper served that day
How long was Mr. Patrick I'm the Kitchen"
asked Mr.. Moore, in cross-eXa mination.
From about = ill o'clock"
T.ucy Calvin. the last witness OF the trial
said she = waitress for Mrs Francis in Sep
teHnher. 1900 After the witness had identified the
statement she made for the District Attorney. she
said she Went 10 an Office at No. 3 LbcIty-st.
somebody request she was not allowed to say
a. whose request or what said TO her there
She met Patrick and his brother-in-law John r.
Milikin. The LibertN-St Office
What time supper had at Mrs. Francis 5
Osborne.
ny recollection is that rang the bell between
$50 ard O'Clock"
How many sundays were YOU AT Mrs Francis's
house. asked Nr. Moore.
Two. Ny first Sunday September - 1900 a."
ANcfheF be compelled 10 say upon which count Of
the Indictment against Patrick ne was proceeding
Ihere are ten counts. The Recorder denied The
motion, also a formal motion 40 direct The aa-
evidence does not Justify a conviction and should
not be given 70 The jury