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 compared the signature
on the check with genuine signatures in the bank, and returned it to
Short without any intimation that he regarded it as irregular, but
assigning as the reason the defect in the indorsement. Short thereupon
returned the check to Patrick, who supplied the necessary supplementary
indorsement and telephoned to Jones what had occurred, instructing him
to say that the check was all right in case the Swensons should
inquire.
Half an hour later Short returned to Swenson's, where the check was
examined by one of the firm. Rice's apartments were then called up, and
Jones said that the checks were all right. But this did not satisfy Mr.
Swenson, so he instructed Wallace to call up the apartment again and
insist on 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'clock the previous evening. It was thus clear to Swenson
that although the maker of the check was dead, Patrick, a lawyer,
cognizant of that fact, was seeking to secure payment upon it. For Jones
had told Swenson that he had reported Rice's death to the doctor and to
Rice's lawyer, Patrick.
Patrick, accompanied by Potts, went immediately to the bank, where
Swenson informed him that the check could be paid only to the
administrator. Patrick replied that there would be no administrator;
that Rice had left no property in this State, and informed Swenson that
he had an assignment by Rice to himself of all Rice's securities with
Swenson. He also invited Swenson to the funeral.
Later in the day Patrick attempted to obtain possession of Rice's
securities in the Safety Deposit Company and in the Fifth Avenue Trust
Company, by presenting forged instruments of transfer and the orders
heretofore referred to; but after some delay the trust companies
declined him access. The conspiracy had begun to go to pieces. The two
mistakes and the failure to secure funds placed Patrick in a dangerous
position.
Two o'clock on Monday afte
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