onviction or acquittal, and of itself this was not sufficient, for
being that of an accomplice it must, under the New York law, be
corroborated.
In the confession of Jones the State had sufficient _direct_ evidence
of the crime and of Patrick's connection with it, providing there was
_other evidence tending to connect Patrick 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 estate at his death. This evidence not only shows Patrick's
possible motive for planning Mr. Rice's _murder_, but also tends to
corroborate Jones's whole story of the conspiracy.
Rice did not know Patrick even by sight. He had heard of him only as a
person retained by another lawyer (Holt) to do "the dirty work" in an
action brought by Rice against Holt, as executor, 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 was a _resident of Texas_ she had the legal right to
do this,--otherwise not. Holt employed Patrick to get evidence that Rice
still was such a resident. Rice knew of this and hated Patrick.
Patrick's connection with the Rice litigation had begun four years
before the murder, which was not planned until August, 1900, His first
visit to Rice's apartment was made under the assumed name of Smith for
the purpose of discovering whether the valet could be corrupted into
furnishing fictitious 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 attorneys), in which he should be made to
say that he had lost hope of winning the suit against Holt, was really a
citizen of Texas, and wanted to settle the litigation. Patrick said that
he could arrange for the signing of such a letter and was willing to pay
Jones $250 for his help. Jones agreed.
Patrick now learned that Mr. Rice was living with no companion except
Jones; that he held little communication with the outside world; that
the valet was in his confidence and thoroughly familiar with his papers,
and that the will made in 1896 disinherited natural heirs in favor of an
educational institution which he had founded
|