The Washington herald., 1912-11-30
PATRICK PLANS
FOR V|NDICAT|0N
Pardonsd Lawyer Intends ito Risk
Recently Gained Liberty in
Effort to Clear Name.
WILL TRY TO PROBATE WILL

New York, Nov. 2s.-Unafraid of the
outcome, Albert Patrick has evolved q
bold method of getting the vindication
upon which he is bent.
In conference with his lawyer, William
n. K. Olcott to-day, the lawyer just
pardoned after his incarceration of nearly
twelve years for the murder of William
Marsh Rice, his millionaire client, out
lined his eager purpose to try to have
the second Rice will-the Patrick will.
as it is called-admitted in court as an
authentic document.
Patrick solemnly assured his lawyer
that the Patrick will was not forged and
that he was willing to stake his liberty,
only freshly regained. upon his word.
Mr. Olcott warned his client that II
he should fail to prove that the viii was
not forged he would be. in danger OF
going back to prison.
Patrick's conviction on the murder
charge was based on the belief that he
had forged the will, under which Rice
was supposed to have beuueathed 10000
for William Marsh Rice institute in
Texas, leaving practically all the re-
mainder Of the $40, 900 600 estate to Pat
rick, who was named as the sole legatee.
Mr.. olcott, after the conference with
his client, said he was in doubt what
to do.
Was Legally Dead
Il believe Patrick when he says the
will was not forged" explained oleott.
But I have not had time enough to
consider a line of procedure. My impress
sion is. Patrick, during the time he was
In Sing Sing under death sentence and
then life sentence, was legally dead.
IF the courts take this view OF it. then
Patrick, I am inclined to think. will be
u
Of the will for a reopening. Under the
law the probate of a will cannot be re-
opened after a years lapse OF time fol-
lowing its probate. If Patrick was le-
gally dead for twelve years up to yes
.erday, then he could, as / see it now,
maintain that the year following the pro-
bate of the will had just begun-that
IS, it began when he was let out of Sing
Sing
Patrick is safe from prosecution now
ON any forgery charge, the indictments
found against thin in 1900 having been
dismissed on June 10, 1910. by Judge
Swarm in the Court of General Ses-
sions, on application of Patrick's coun-
seL
Confident of Victory.
Go ahead and let the courts decide"
he told his lawyer to-day, Il can prove
that the second will was genuine
Patrick, it is expected, will have to
depend upon David l. Short, a clerk in
his former law Office. and Maurice My
ers, an attorney, who aided him in his
practice, to bolster up his contention
that the Rice will was not forged. Short
and Myers were indicted for forgery af
ter PatTick's arrest, but the indictments
against them were dismissed two years
ago. Short is now in business in Phila-
delphia, and Meyers is a practicing at
tOrney in this city. They were witnesses
to the Rice will.
Patrick wanted il made clear that. he
is not after Millionaire Rice's money.
Il don't want a cent of the money he
left" he insisted Il only want myself
made legatee OF the estate, as provided
under his will l have been cheated out
of that, and I'm going to fight to get
what is my right under the law"