The daily morning journal and courier., 1906-04-12
NO MORE NEW WITNESSES
TESTIMONY IN MOTION FOR NEW
 PATRICK TRIAL ENDS.

Four More Persons From Texas Heard Yesterday in Behalf of the Accused Condemned Lawyer Not Once in Court to Hear the Statements in His Behalf-Confned in Death House at Sing Sing.
 New York, April 11.-Introduction of testimony in Albert T. PatriclSs motion for a new trial on the charge of mur- dering William Marsh Rice was closed to-day by his counsel, W. M. 0lcott, at the hearing before Recorder Golf. The announcement was made after the recorder had ruled that no more new affidavits of witnesses could be intro duced by Patrick's counsel, and after Mr. Olcott had produced the last wit ness left under this ruling.
 Patrick's attempt to secure a new trial is based upon the statements of Texas witnesses. Four more of these witnesses were on the stand to-day. The condemned lawyer himself had not once been In court to hear the state- ments made in his behalf, as he is con- fined in the death house at Sing Sing.
 The diary of Corporal Alexander B. Stanberry was produced to-day when Stanberry resumed his testimony be- gun several days ago.
 District Attorney Jerome asked stan berry whether any leaves had been torn out of the diary Stanberry replied that he tore out several four or five days ago, He had used tliem, he said, either to light his pipe or cigar or had thrown them into the fire The witness added that his reason for de- stroying the leaves was that they con- tained entries of family affairs which he did not care to have become public. Edwin D. Mckenzie a court steAog- rapher of Houston, Texas, took the witness stand. His affidavit declares that he heard a man whom he believed to be Jones, Rice's valet, say that Patrick was not guilty of the murder of
 
 tion the witness said that he did not know Jones personally, but he under stood that the man who spoke was Charles F. Jones. At this point MT. Olcott asked if Mir. Jerome had a pho tograph of Jones in order that the witness could identify it.
 q am sorry, but the district attorney had no photograph of Jones'" said MT Jerome If we had we might have it duplicated and get Jones himself here.
 On the motion of MT. Jerome, Me Kenzie's affidavit was stricken from the record as was also the affidavit of Adolph Goldman of Texas, who had failed to appear at the hearing.
 Recorder Golf then granted an ap- plication of MT. Olcott for the admis. sion of four new affidavits and he said.
 This is positively the limit, Mir. Ol- colt. No more aff1davits will be ad- mitted"
 Mrs. Annie sE. Wright of Cedar Bayou, Texas, who made one of these affidavits, was then called to testify She said that she knew both Jones an6 H. Baldwin, mayor of Houston, whC recently testified that he dia not know Jones. The witness said that she saw Rice and Jones talking together in 1904
 John G. Gtesberg of Houston was the next witness His affidavit set forth that he saw Jones and Mayor Rice or Houston street car where he hears them talking together. He heard Mayor Rice ask Jones if he wanted any money the affidavit declared.
 MT. Olcott then announced that his case was closed, except for the re-di. rect testimony, and Recorder Golf ad- jcurned the hearing until April 2S, al 2 o'clock.