The times. [volume] (Richmond, Va.) 1890-1903, 1902-01-25
AIKEN
IN PATRICK TRIAL
Paying Teller Testified that Sig
nature Was Not Genuine,
MAN Y OBJECTIONS MADE.
Counsel for Defendant Raised Points Against
Line Of Questioning, and Also to
Admission of Check as
Evidence.
MAN Y OBJECTIONS MADE.
(By Associated Press. J


NEW YORK, Jan. 24,-The taking OF
evidence was begun to-day in the trial
of Albert T. Patrick. a lawyer, on an
Indictment charging him with the muir
der of William Marsh Rice in Septem-
her, 1900
John II. Wallace, paying teller at Sven
sons Bank, where Rice had an account
identified a check for $4,000 payable 70
Albert t. Patrick as one that had been
presented to him. 1t was the misspelllnS
of the name Albert that caused a tele-
Phone call to Rices apartment. which re-
suited in the discovery that the man was
dead. The witness said the check was
landed him for payment by Short, VINO
said he came from Mr.. Patrick. Wallace
told OF the telephone communication with
Rice's house and of the discovery that
Mr.. Rice had died the previous day
Counsel for Patrick objected to every
question asked on this line on the ground
that the witness could not testify to
hearsay evidence. but the recorder over
ruled the objections until Assistant Dis
trict Attorney Caravan asked who ans
wered the telephone. He sustained the
objection that Mr.. Wallace could not tell
VINO 1t 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
DON'T THINK IT GENUINE.
IN your opinion. is the signature on
the check the signature Of William NJ.
Rlce?' asked the attorney for the prose-
cution.
Counsel for the defense objected. but
the witness was allowed to reply.
In my opinion he said, 1T was not
written by Mr. Rice''
On cross-cNamination Wallace said tina t
When the check was returned toSthe bank
endorsed Albert T. Patrick and Albert r.
Patrick he stamped it accepted al
though he had grave doubts as to the
Senuineness Of the signature. Finally, he
said:
L don't know what's wrong with the
signature, but I don't like it. 1t doesn't
look natural to me. The final curve of
tic M for instance, looks as if it was
an aftertl1ought''
w. Q. Wcatlerbee, a clerk in the bank
of Swenson & Son. said, he knew Rice
for twelve years. He was asked to tell
of a visit alleged to have been made by
Jones, the valet secretary, to the wit
said that he had never seen Patrick I'M
til the day the check was handed in at
the bank. He had not known Patrick
to be connected in any way with Rices
business. When Patrick called at the
bank he saw Mr.. Swenson. In the con-
traversy that day Patrick said Rice's
body was to be cremated, as ''the ole
gentleman was crank on cremation
Patrick also said there had been an
understanding between him and Rice as
to what was to be done with the proceeds
Of the checks. &. Weatherbee gave 1t as
his opinion that the So, 900 check was not
signed by Williun1 M Rice.
Cl1Efrk. ADMITTED.
Counsel for the defense objected to the
admission OF the s25 600 check as evidence
on the ground that the defendant was not
under Indictment for forging that check,
and that it would not be fair to bias the
minds of the jury by admitting it.
.This check is one of the steps by
which I intend to prove the conspiracy
between this defendant and JONES' re-
piled Mr.. Osborne.
1.-The prosecution should not be allowed
to say that murder was committed be
cause they think a check was forged,
said Mr. Moore, for Patrick.
The recorder admitted the check.
Under DISCRIMINATION Weatherbee
said he was not an expert in handwrit'
ing, and could not analyze the signature
on the So, 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 he first eX-
amined it. This was before it was
stamped accepted"
Mr. Wcathertee then testified that the
check was accepted and certified and
that the certication was cancelled by
Mr.. Swenson after he had talked with
somebody over the telephone.