New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-02-03
CARD AIDS PATRICK.
Postal Found by Wife Important
Evidence for COnUicted Man.

Mrs. Albert T. Patrick few days ago. while
searching in some old rubbish which had been
taken from the Office of her husband. dis
covered a postal card which w. NJ. X. Olcott'
who is working to get new trial for the con-
victed lawyer considers of extreme Importance
This simple document. which Will play an I'M
portant part IN the effort TO save Patricks me-
destroys, IN the opinion Of Mr.. Olcott one or inc
most damaging parts of the evidence against the
lawyer
One Of the strongest points Of the prosecution
was that Patrick had not known William Marsh
Rice long enough prior to the latter's death to
mako If nresurabIe that the old man would
make a new will in which Patrick was one OF the
chief benehciaries Indeed 1t was contended
that Rice had met Patrick only once. On the
other hand. Patrick contended that he had been
his chosen attorney for a year or more prior 10
the old mans death. and that Mr.. Rice had he
come SO attached to him that the VIII was
changed in his favor.
To disprove this statement Of Patrick the pros
ecution placed on the stand James E. Whltue-
sey, of Litchf1eld County. Conn He testileo
that Patrick had sought an interview Win hiih
which occurred in the St. Paul Building March
10 1900 at which time the lawyer had re-
ouested him to see Mr. Rice in effort to get
settlement of a Texas suit which Patrick was
handling and in which Mr.. Rice was interested
He told Mr.. Whittlesey that he sought his ser
vices because he did not know Mr.. Rice The
date was the important part Of the testimony
because granting that Mr.. Whittlesey was right
in that particular. 1t would show that Patrick s
ALLEGATIONS about his friendly relations with Rice
for more than year prior to the latters death
were false and would corroborate the testimony
of Jones' So much stress was laid on this eVl-
dence of Mr. Whittlesey. account of the un-
impeachable character of the witness. that AS
sistant District Attorney Osborne in summing
UP said he would be willing to throw out every
other piece of corroborating evidence or Joness
statement that Patrick did not know Rice at the
time in question
Lawyers for the defence admitted all parts OF
the Whittlesey statement except the all inpor-
tant question of the date. They declared that
the incident was IN 1899. before the date at
which Patrick said he became acquainted with
Mr.. Rice. They could not shake Mr.. Whittlesey.
however in his statement that it was IN March,
1900. At that time a search was made for the
postal card which Mr.. Whittlesey had sent to
Patrick acknowledging the latter's request for
interview and announcing that he would be
in his office In the St. Paul Building at o'clock
every day that week 1t could not be found and
it decided it had been destroyed.
Mrs. Patrick, who has never ceased in her
efforts to gather every scrap OF evidence that
might save her husbands life. was going over
a pile OF miscellaneous papers for the sixth or
seventh time when her attention was attracted
to the innocent looking postal card and took it
to her husbands lawyers. The entire bunch OF
papers had been sifted so many times before
that Mrs Patrick was about to throw them into
the rubbish basket
Mr.. Olcott has presented this new evidence to
the District Attorneys office and will have afTi-
davitS showing that the postal card is in the
handwriting Of Mr.. Whittlesey. The latter tes-
titled at the trial that he had received only one
communication from Patrick in his life and had
seen him only once. there can be no question
about the postal referring TO the interview In
regard TO Rice.
tant," said Mr.. Olcott to a Tribune reporter
yesterday. 1T destroys the entire fabric Of
one branch Of Joness testimony and shows how
mistaken honest people be and how cir
cumStantial evidence often fails"
A story that Charles T. Jones, the valet Of
Rice who is missing from his home in Nor
CAMS Point near Houston, Tex, is being
brought to NewYork by the District Attorney
for the purpose of denying the Texas at1davits
presented by Mr.. Olcott was not generally cred
tied yesterday.
Il would like nothing better than to have the
District Attorney bring Jones on here" said
Mr. Olcott. Il had twelve detectives searching
for him all through Texas in January without
result. The latest trace Of him they could find
was that he had visited one of his sweethearts
about December l. The story was that he had
disappeared because the brother Of this girl
was looking for him. We should like to con-
front Jones with the men who have sworn he
told them he lied IN his testimony about Pat
rick. These twelve Opponents have all prom
lsed TO come here and testify, # it is necessary"