New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-02-22
PATRICK COUNSEL UP
FEW REPLIES OBTAINED
+. b. House Excused on OlcOtt' s
Objections.

Frederick B. House, formerly counsel for AL
bert T. Patrick. called the stand b. the
prosecution at the hearing of the motion for
new trial before Recorder Goff in General Ses-
sions yesterday Contrary to the general ex-
pectation Patrick was not brought down from
Sing Sing. Recorder Golf still in doubt
yesterday morning TO whether he had the
legal right TO issue an order for Patrick's pro-
duction and deferred his decision on the mat
ter. II was said that Patrick. being a con-
demned man. would be within his rights in re-
fusing to appear if he saw fit TO do so. At the
afternoon session it was announced that Dis
trict Attorney Jerome had withdrawn his re-
quest for the production of Patrick IN court
Recorder Golf said the matter went back 10 the
original suggestion of Mr.. Jerome. that Mr.. Oh
colt. counsel for Patrick. go to Sing Sing and
see whether his client prepared to waive
his privilege in the examination of Mr.. House.
Mr. Olcott said he would make no statement
what he would do
The first question asked Mr.. House by the
prosecution was whether he knew Charles F.
Jones. TO which he replied in the affirmative
Continuing. Mr. Jerome asked the witness to
give the conversation he had with Jones and
Patrick in October. 1900. Mr.. Olcott strongly
objected, saying that Jones, at the time. was a
client Of Mr.. House. and that Jones had not
waived the professional privilege. Mr.. Olcott
said further that it violation of the State
and federal constitutions and of the Fourteenth
Amendment, prejudiciaI 10 Patricks case, Re
corder Golf finally ruled the question out of
order, although Mr.. Jerome argued that Jones
had already testified at his trial before the Re-
corder as 10 the conversation. and that was. In
effect, waiver Of privilege.
Continuing, Mr. Jerome asked:
Odd you have more than one conversation
with Jones? A.-Yes. I had great many Of them.
RDid they relate 70 e, the death of William NJ
.QYYDid you have talk with Albert T. Patrick?
Q.-Did you hear Charles F. Jones talk in the
presence of Patrick? A.-Yes, sir.
Q-Did you hear Jones talk in the presence Of
Patrick on october IS. 1900?
Mr.. Olcott objected to the question, but Mr.
House allowed 70 answer He said he
thought it was about that time. Several more
questions were asked Mr. Olcott Directing to
each and the Recorder generally supporting him.
Mr.. Jerome asked Mr. House IL Jones had told
him that he had killed William NJ Rice by
chloroform in the presence of Patrick.
Mr.. Olcott objected TO this question quickly
Recorder Golf said that if others besides the
counsel and his two clients had been present he
might be allowed TO testify as to the conversa-
ton. He said the question was one which had
not been decided 1t was a grave matter he
said, and he would have TO sustain the objection.
Mr.. House was then excused. subject TO recall
Monday.
District Attorney Jerome continued his exam
inaticn of the Texans who have been brought
here 70 testify that they heard Jones say he had
perjured himself at the last trial in his testi-
mony against Patrick. Robert Lee was again
called TO the stand. His answers were vague
and Mr.. Jerome found it hard TO get a direct
reply from him His memory was poor when
examined by the prosecution. but seemed per-
fectly sound when he piled with questions
by Mr.. Olcott.
Miss Minnie Gaillard. the only woman witness
IN the delegation from Texas who said she was
a school teacher. not sworn on the Bible
when she took the witness stand.
Would you object TO be sworn the Bible?"
asked Mr. Jerome
Why, certainly not replied the witness She
was then resworn.
She said she saw Jones in Texas twice in
1903, once in 1904 and three times in 1905 She
met him at picnic at La Porte on June 81 1903
He was sitting at a table with three OF his
friends. she said.
Did you introduce Jones to your friends?"
asked Mr.. Jerome
Yes. 1 did afterward. He came over and
shook hands with me-"
Did you introduce this cowardly murderer to
your friends?'
Il did not believe he was murderer"
What did you think he was a perturer?'
mo. didn't think he was either l thought
he had been influenced by some one"
She said IT was while Jones was sitting at the
table with his friends that she overheard him
say that he had lied TO beat the band on Pat
rick" She heard him boast. she said how he
had fooled every one and say that neither he
nor Patrick had killed Rice. but that he had
turned States evidence to save himself
WITH GIVE nJTET A rrrsnr,Tc