True Stories of Crime From the District Attorney's Office

r Consp

or about the moment of his death, two elderly ladies, friends of the old gentleman, had called at the house with cakes and wine, to see him. The elevator man rang the bell of Mr. Rice's apartment again and again, but could elicit no response, and the ladies, much disap

was it, as he claims, at the i

as criminal and civil litigation are concerned, have been the subj

k's order (two for $25,000 each, one for $65,000, and one for $135,000, which represented practically all of Rice's bank accounts), an order giving him control of the contents of Rice's safe deposit vaults (in which were more than $2,500,000 in securities), and also a general assignment by which he became the owner of Rice's entire estate. Thus upon Rice's death Patrick had every possible variety of document necessary to possess himself of the property. Jones took nothing under any of these fraudulent instruments. Hence Patrick's motive in desiring the death of Rice is the foundation stone of the case against him. But that Patrick desired and would profit by Rice's death in no way tends to establish that Rice did not die a natural deat

ck with its commission. This corroborative evidence is largely supplied by the facts which show that for a long time Patrick conspired with Jones to steal the bulk of Mr. Rice's

utor, to set aside Mrs. Rice's will, in which she assumed, under the "Community Law" of Texas, where Rice had formerly resided, to dispose of some $2,500,000 of Rice's property. If Rice

itious proof of Rice's intent to reside in Texas. He flattered Jones; told him he was underpaid and not appreciated, and, after a second visit, at which he disclosed his right name, persuaded him to typewrite a letter on Rice's stationery addressed to Baker, Botts, Baker & Lovett (Rice's atto

his papers, and that the will made in 1896 disinherited natural heirs in favor of an educational institution which he had founded in Texas. He also learned that while Mr. Rice was 84 years of age he wa

exas, which he had founded in 1891. He had donated to it more than a million and a half dollars. By the will of

ect the forgery. The whole scheme was based upon the belief that "every man has his price." He told Jones that he thought the will unjust; that he did not think it right to leave so little to relatives, and later he brought to Jones a rough draft of a will which could be substituted for the genuine one. Patrick was to get half the estate, the relatives were to receive double or three times the amount provided in the 1896 will, and what was left was to be given to

the estate would have been left without testamentary disposition and the relatives would have got more than was provided by either will. With the will of 1896 in existence, however, th

n, clerks for many years at Swenson's banking house. On the assumption that Wetherbee had been injured by Rice and was therefore hostile to him, Jones practically unfolded the scheme. He told Wetherbee that one of Mr. Rice's bonds ha

k's office, and David L. Short, a friend of bo

ones at various times: Meyers as a notary public, and Short as commissioner of deeds for the

ted to correspond with the date of three genuine pape

wing the forgery of Rice's signature, and

Patrick to pose as a lawyer who had brought about a settlement of this expensive litigation and thus won Rice's regard. Patrick first tried to accomplish this by getting friends to visit

of his claim of close relations. The idea of a personal meeting with Rice had been abandoned on Jones's advice, and Patrick therefore caused the valet to prepare twenty-five or thirty forged letters addressed to him and purporting to come from Rice. Thes

s a general assignment to Patrick of all Rice's estate was forged, and an order givi

Traced signatures were also substituted for genuine ones upon letters dictated by Rice to his Texas correspondents. Thus Patrick secured the circulation of five copies of Rice's signature which, if occasion demanded, he could produce as standards of comparison to correspond with his other forgeries. The principal preparations were complete. But title under the will might long be delayed and perhaps even eventually fail. Patrick was poor and in no condition to conduct adequately a serious litigation. The moment Mr. Rice died a lar

he part of Patrick to do away with the old gentleman. It was therefore conceded by the prosecution that, upon Jones's own testimony, the conspiracy to murder w

destroyed. That Patrick forged such a letter was evidence that his connection with the murder was premeditated and deliberate. To cremate the body before an autopsy it was necessary to procure a physician's certific

trumentality of death which was finally employed, for he read an article dealing with the dangers of chloroform as an anaesthetic, and discussed it with the valet. This suggestion was conveyed to Patrick, who asked Dr. Curry whether chloroform left any traces discoverable upon an autopsy. Dr. Curry rather carelessly replied that it left but slight traces if administered only in the quantities which would be fatal to a man with a weak heart. Patrick told Jones, so Jones alleges, to procure some chloroform and this he did, sending to Texas for two bottles of two ounc

e cremation letter. It was hoped that Rice might drop off at any moment, owing to his weakened condition, and in anticipation of death Patrick discontinued his visits t

wing the forgery of Rice's signature, and

rick induced the giving of the mercury. Patrick, however, spread false rumors as to Rice's general health and also as to his financial condition and intentions, namely, that Rice was only worth seven hundred and fifty thousand dollars, and that those who expected he was going to leave h

letter to Houston agreeing to supply one hundred and fifty thousand dollars and more in instalments of twenty-five thousand dollars each. This was on September 18th, after he had wired to the same effect on September 17th. Patrick and Jones suppressed a telegram that Rice would advance two hundred and fifty thousand dollars, and on September 19th the old man received word that the first draft in conformity with his telegram of September 17th had been drawn and would arrive in New York on the 22d. Jones says that on showing this to Patrick the latter announced that Rice must be put out of the way as soon as possible. Accordingly, on September 20th and 21st, Jones administered larger doses of mercury than usual, which, while weakening and depressin

be able to go down Monday

ntil Monday morning co

ble to go down town next w

swered in the

ifle weak, but it was sound. His organs were all working normally; he felt no pain. The doctor left without prescribing any medicine, stating that he would not return unless ca

Holt litigation, and thus expose the whole fraudulent scheme of pretended settlement and of friendly relations with the lawyer, and finally, perhaps, even to make a new will. The succes

ured this from Patrick, who told him how to administer it. This was a few moments after six o'clock. Rice was sleeping soundly. The colored woman who did the housework was absent for the day and the rooms were deserted. He saturated a sponge with chloroform, constructed a cone out of a towel, placed the sponge in the cone, put the cone over the sleeping man's face and ran out of the room and waited thirty minutes for the chloroform to complete the work. Waiting in the next room he heard the door bell ring

e had omitted to investigate the length of time required to heat the crematory. This he now discovered to his horror to be twenty-four hours. But the body must be destroyed. The undertaker suggested that the body might be embalmed while the crematory was being heated, and Patrick at once seized upon the suggestion and gave orders to that effect, although t

, Jones and Patrick rifled the trunk in which Rice kept his paper

s to Milwaukee, to be interred near the body of Rice's wife, while the relative

lled out the body of the checks, which covered all but ten thousand dollars of Rice's deposits. These consisted of one for twenty-five thousand dollars and one for sixty-five thousand dollars on Swenson, one for twenty-five thousand dollars and another for one hundred and thirty-five tho

on check was intrusted to David L. Short for presentation to Swenson & Sons for certification. When he presented it, Wallace, the clerk, recognized Jones's handwriting in the body of it, and thought the signature looked unnatural. He took it to a rear office, where he showed it to Wetherbee, who was the person whom Jones had approached nine months before with a request that he join the conspiracy to manufacture a bogus will. Wetherbee co

n talking to Mr. Rice. Jones delayed replying to Wallace and in the afternoon called up Patrick on the telephone, inquiring what he should say. Patrick replied that he would have to say that Rice was dead. And in accordance with this Jones informed Swenson that Rice had died at eight o'cl

administrator. Patrick replied that there would be no administrator; that Rice had left no property in this State, and informed S

pany, by presenting forged instruments of transfer and the orders heretofore referred to; but after some delay the trust companies declined

otify the relatives that Rice had died the evening before, and that the funeral would take place the follo

tificate, "old age, weak heart, delirium." Left instructions to be interre

out reference to the cremation. This may well have been so that if any suspicions of foul play should arise, the recipients, realizing that they could not reach New York in time t

spicion, and Baker and Rice im

emains until we arrive. We leave to-ni

exan then in New York, to co-operate wit

that he had an assignment of all Rice's property and also a will of Rice's of which he was executor. This was the first reference to the will of 1900. He also informed Gerard that he would not receive a cent under its provision. To have explained the real terms of the will would, under the circumstances, have

of them through the toilet bowl, which was so clogged that the water flowed out upon the floor, necessitating an apology to the janitor. In the silence of the night misgivings came upon him. He lost his nerve, and at two o'clock in the morning called up the undertaker and revoked the signed order for cremation which

the elevator man that he was remembered in Rice's will. He had also informed Wetherbee that he had a five thousand dollars' legacy. At the funeral were Blynn, one of Rice's neph

zard fit exactly, thus showing that they were made from the same model. T

at the New York Safe Deposi

ce suspected that there was something unnatural in the cause of death, but that he could explain satisfactorily. As a matter of fact no such intimatio

the apartment, that she was suspected of having poisoned Rice, and that she had better say nothing about his death. Jones told her that she was remembered in the will and t

unt for death, and beyond the congestion these showed nothing except a small patch of consolidated tissue about the size of a twenty-five cent piece. They testified, in effect, that nothing save the inhalation of some gaseous irritant could have produced such a general congestion, and that the patch of tissue referred to was insufficient to account for the amount of congestion present. Dr. Donlin could not testify what the proximate cause of death was, but was firm in his opinion that no cause for it was observable in the other vital organs. In this Dr. Williams concurred. He was of the opinion that chloroform would act as an irritant upon the lungs and cause precisely that ge

ion to proceed, and accordingly it took place that very day. He also endeavored to win the confidence of Baker, but succeeded in accomplishing little. He finally gave the latter a copy of the 1900 will and the orig

so far as he was concerned he did not know but that the probate of the '96 will would suit him just as well as the probate of the 1900 will; that it was a matter of indifference to him, and that so far as the Rice Institute was concerned he was prepared to give B

were arrested on a charge of forgery and held for the Grand Jury.

mitted and directed Jones to tell House that a murder had been committed, but that he (Patrick) was not concerned in it. This Jones declined to do without implicating Patrick. The two prisoners then returned to House and Jones says that he informed House that he had killed

days later Osborne sent for him and told him he had lied, upon which Jones became confused, continued to persist in some of his statements, qualified others and withdrew still others. He was completely unnerved and that night attempted, by means of a knife which Patrick had supplied him, to cu

on is there of Jones's story that he killed Rice under Patrick's

m a congestion of the lungs which could have occurred only in the case of a living organism by the administration of som

s there that Patrick

t the deed? Why did Rice die at the precise psychological moment which would enable Patrick to prevent two hundred and fifty thousand dollars on deposit being diverted to Texas? And finally, why did Patrick prepare a forge

ngs could have been and was caused by the embalming fluid and was only attributed to the chloroform after Jones had given his final version of how the murder was accomplished. Technically the case against Patrick was not a strong one. Dramatically it was overwhelming. His own failure to testify and his refusal to allow his lawyer, Mr. House, to relate what passed between them in the Tombs, remain significant, although not evidence proper for a jury to consider.

e legal history of the State on the part of a convicted murderer for his own life came to an end. The defendant in the "Death House" at Sing Sing had