Chapter 13

Browne gave his testimony in the same dry, polite and careful manner in which he had always been accustomed to discuss his cases and deliver his arguments. It seemed wholly impossible to believe that this respectable-looking person could be a dangerous character, yet the nature of his offence and the consequences of it were apparent when the State called to the stand an old broom-maker, who had bought from Browne one of the lots belonging to the Petersen estate. Holding up three stumps where fingers should have been, he cried out, choking with tears:

"My vriends, for vifteen years I vorked at making brooms--me und my vife--from fife in the morning until six at night, und I loose mine fingern trying to save enough money to puy a house that we could call our own. Then when we saved eight hundred dollars this man come to us und sold us a lot. We were very happy. Yesterday anoder man served me mit a paper that we must leave our house, because we did not own the land! We must go away! Where? We haf no place to go. Our home is being taken from us, und that man [pointing his stumps at Browne]--that man has stolen it from us!"

He stopped, unable to speak. The defendant's lawyer properly objected, but, with this piece of testimony ringing in their ears, it is hardly surprising that the jury took but five minutes to convict Browne of forgery in the first degree.

A few days later the judge sentenced him to twenty years in State's prison.

Then other people began to wake up. The Attorney-General guessed that the Petersen property had all escheated to the State, the Swedish Government sent a deputy to make inquiries, the Norwegian Government was sure that he was a Norwegian, and the Danish that he was a Dane. No one knows yet who is the real owner, and there are half a dozen heirs squatting on every corner of it. Things are much worse than before Browne tried to sell the ill-fated lot to Levitan, but a great many people who were careless before are careful now.

It soon developed, however, that lawyer Browne's industry and ingenuity had not been confined to the exploitation of the estate of Ebbe Petersen. Before the trial was well under way the City Chamberlain of New York notified the District Attorney that a peculiar incident had occurred at his office, in which not only the defendant figured, but William R. Hubert, his familiar, as well. In the year 1904 a judgment had been entered in the Supreme Court, which adjudged that a certain George Wilson was entitled to a one-sixth interest in the estate of Jane Elizabeth Barker, recently deceased. George Wilson had last been heard of, twenty years before, as a farmhand, in Illinois, and his whereabouts were at this time unknown. Suddenly, however, he had appeared. That is to say, H. Huffman Browne had appeared as his attorney, and demanded his share of the property which had been deposited to his credit with the City Chamberlain and amounted to seventy-five hundred dollars. The lawyer had presented a petition signed apparently by Wilson and a bond also subscribed by him, to which had been appended the names of certain sureties. One of these was a William R. Hubert--the same William R. Hubert who had mysteriously disappeared when his presence was so vital to the happiness and liberty of his creator. But the City Chamberlain had not been on his guard, and had paid over the seventy-five hundred dollars to Browne without ever having seen the claimant or suspecting for an instant that all was not right.

It was further discovered at the same time that Browne had made several other attempts to secure legacies remaining uncalled for in the city's treasury. In how many cases he had been successful will probably never be known, but it is unlikely that his criminal career dated only from the filing of the forged Petersen deed in 1896.

Browne made an heroic and picturesque fight to secure a reversal of his conviction through all the State courts, and his briefs and arguments are monuments to his ingenuity and knowledge of the law. He alleged that his conviction was entirely due to a misguided enthusiasm on the part of the prosecutor, the present writer, whom he characterized as a "novelist" and dreamer. The whole case, he alleged, was constructed out of the latter's fanciful imagination, a cobweb of suspicion, accusation and falsehood. Some day his friend Hubert would come out of the West, into which he had so unfortunately disappeared, and release an innocent man, sentenced, practically to death, because the case had fallen into the hands of one whose sense of the dramatic was greater than his logic.

Perchance he will. Mayhap, when H. Huffman Browne is the oldest inmate of Sing Sing, or even sooner, some gray-haired figure will appear at the State Capitol, and knock tremblingly at the door of the Executive, asking for a pardon or a rehearing of the case, and claiming to be the only original, genuine William R. Hubert--such a dénouement would not be beyond the realms of possibility, but more likely the request will come in the form of a petition, duly attested and authenticated before some notary in the West, protesting against Browne's conviction and incarceration, and bearing the flowing signature of William R. Hubert--the same signature that appears on Browne's deeds to Levitan--the same that is affixed to the bond of George Wilson, the vanished farmhand, claimant to the estate of Jane Elizabeth Barker.

IX.

A Murder Conspiracy[4]

William M. Rice, eighty-four years of age, died at the Berkshire Apartments at 500 Madison Avenue, New York City, at about half after seven o'clock on the evening of Sunday, September 23, 1900. He had been ill for some time, but it was expected that he would recover. On 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 disappointed, went away. While the bell was ringing Charles F. Jones, the confidential valet of the aged man, was waiting, he says, in an adjoining room until a cone saturated with chloroform, which he had placed over the face of his sleeping master, should effect his death.

_Did_ Jones murder Rice? If so, was it, as he claims, at the instigation of Albert T. Patrick?

These two questions, now settled in the affirmative forever, so far as criminal and civil litigation are concerned, have been the subject of private study and public argument for more than seven years.

Mr. Rice was a childless widower, living the life of a recluse, attended only by Jones, who was at once his secretary, valet and general servant. No other person lived in the apartment, and few visitors ever called there. Patrick was a New York lawyer with little practice who had never met Mr. Rice, was employed as counsel in litigation hostile to him, yet in whose favor a will purporting to be signed by Rice, June 30, 1900, turned up after the latter's death, by the terms of which Patrick came into the property, amounting to over seven million dollars, in place of a charitable institution named in an earlier will of 1896. It is now universally admitted that the alleged will of 1900 was a forgery, as well as four checks drawn to Patrick'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 death. Patrick would profit equally whether Rice died by foul means or natural, and the question as to whether murder was done must be determined from other evidence. This is only to be found in the confession of the valet Jones and in the testimony of the medical experts who performed the autopsy. Jones, a self-confessed murderer, swears that upon the advice and under the direction of Patrick (though in the latter's absence) he killed his master by administering chloroform. There is no direct corroborative evidence save that of the experts. Upon Jones's testimony depended the question of Patrick's conviction 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 in Texas. He also learned that while Mr. Rice was 84 years of age he was in possession of all his faculties, conducted his own business, and might live for years. Possessed of these facts Patrick's evil mind soon developed a conspiracy with Jones to secure the whole estate.

Mr. Rice's pet charity was the William M. Rice Institute "for the advance of science, art and literature," of Texas, which he had founded in 1891. He had donated to it more than a million and a half dollars. By the will of 1896 only small legacies were bequeathed to relatives, while the bulk of his fortune was left to the Institute.

About a month after Patrick's first visit to the Berkshire Apartments, that is, in December, 1899, while he and Jones were examining Rice's private papers, they stumbled upon the will. Patrick saw his opportunity. By the forgery of a new will which would increase the legacies of those mentioned in the will of 1896 and leave legacies to every person who might have any claim upon the estate, it would be for the interest of those persons to sustain and carry into effect 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 Rice Institute. He proposed that Jones should typewrite this will, and guaranteed to arrange for the witnessing and signing of it, and promised that Jones should get whatever he wanted. Jones at first objected, but was finally won over. Rewritten many times to include new ideas of the conspirators, the document finally reached the form of the will of June 30, 1900, in which Patrick substituted himself for the Rice Institute and made himself one of the executors.

An ingenious part of the conspiracy was the decision to leave the 1896 will in existence. If Patrick had destroyed it and the relatives had succeeded in overthrowing the will of 1900, 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, the relatives would get less if they overthrew the forgery. By retaining it, therefore, Patrick figured that the relatives would have selfish reasons for accepting the forgery as genuine.

The preparation of this bogus will occupied about a month, and the next question was the procurement of witnesses. It was desirable to get the same persons who witnessed the former will. These were Walter H. Wetherbee and W. F. Harmon, 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 had disappeared and that Rice had accused Wetherbee of stealing it. He wound up with the suggestion, "I will get one witness and you can get another, and the thing is done." But Wetherbee indignantly declined to join in the conspiracy.

Morris Meyers, who had been employed in Patrick's office, and David L. Short, a friend of both, were the false witnesses finally selected.

They were clothed with the appearance of honesty and were brought into contact with Rice by Jones at various times: Meyers as a notary public, and Short as commissioner of deeds for the State of Texas, an appointment procured for him by Patrick probably for this specific purpose.

The date of the forged will, June 30, 1900, was selected to correspond with the date of three genuine papers which Rice acknowledged before Short on that date.

The next step was to obviate the absurdity of Patrick's being selected as the residuary legatee at a time when he was engaged in bitter litigation against Rice. The best way out was for 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 Rice and urge a settlement. But Rice rebuffed them all. Accordingly, Patrick again resorted to forgery, and in August, 1900, manufactured an instrument of settlement, dated March 6, 1900.

But such an agreement would not explain the paradox of a man whom Rice hated and despised and did not know by sight turning up as the principal beneficiary under his will. It was necessary to manufacture evidence to be used after Rice's death in support 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. These referred to current business matters and conveyed the impression that it was Rice's custom to seek the lawyer's advice. One instructed Patrick as to the terms of the will of 1900. Carbon copies were made for filing in Rice's letter book after his death.

To make assurance doubly sure and to secure immediate possession of Rice's securities a general assignment to Patrick of all Rice's estate was forged, and an order giving him access to and possession of the securities on deposit in Rice's safety vault.

But Patrick did not stop here. He procured from Jones three checks signed by Mr. Rice in the regular course of business, one payable to Jones for his July salary and the other two for the July and August salary of an employee of Rice's in Texas named Cohn. These three checks Patrick kept as models, forwarding to Cohn two forged checks filled out by Jones upon which Rice's signature had been traced, and returning to Jones a substitute check with Rice's signature traced upon it. All three checks passed through the banks unsuspected. 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 large amount of cash would be necessary. For the procurement of this Patrick and Jones looked to the current balance of Rice's bank account, which amounted to some two hundred and fifty thousand dollars on deposit at Swenson's private bank and at the Fifth Avenue Trust Company. With this they felt reasonably secure of success. For even if the will should be set aside as fraudulent they had a second line of defense in the general assignment of the estate and the orders to Rice's two million five hundred thousand dollars of securities.

While the evidence affords a motive for Patrick to desire the death of Mr. Rice, it does not of itself, up to this point, indicate the slightest intention on the 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 was not formed until about seven weeks before the event. The first evidence which points to an intent to murder is the famous "cremation letter," dated August 3d.

The cremation letter from Mr. Rice, authorizing Patrick to cremate his body, shows that Patrick intended to do away with Rice in such a way that an autopsy must, if possible, be prevented and the evidence of murder 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 certificate that Rice had died from natural causes. He therefore made preparation to secure such a certificate, and then upon the strength of the cremation letter to give directions for the immediate destruction of the body.

Patrick, with the view of having at hand a physician who would be unsuspicious, and who would issue a certificate of death from natural causes, induced Jones to send for Dr. Curry, his own friend and physician, on an occasion when the valet was ill. This was in March, 1900. Dr. Curry came, and Jones, acting under Patrick's advice, cautioned him not to mention the lawyer's name to Rice. In course of time he saw Rice, gained his good opinion and became his attending physician. But Rice did not die, and curiously enough it was he himself who suggested to Jones the instrumentality 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 ounces each. From Dr. Curry's remarks it was manifest that a weakened condition of the patient was an important element, and as Jones was taking some mercury pills (prescribed for him by Dr. Curry), the valet induced his master to take some of them. The old gentleman was benefited, however, rather than weakened. This was _before_ the forgery of the cremation letter. It was clear that larger doses of mercury would be necessary, and accordingly Patrick furnished Jones with pellets containing the drug in such quantities that Jones, experimenting with one of them, became ill.

They had now the means to effect gradual death, but as mercury leaves traces discernible at an autopsy, it was decided that the body must be cremated promptly. Hence the 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 to the apartment in order to establish a satisfactory alibi. Jones also frequently absented himself from the apartment in the evenings after the old man had fallen asleep.

On September 16th Rice had an attack of acute indigestion, which might have resulted seriously had it not been for the mercurial pills which promptly relieved him. The reader should observe that practically all of this testimony comes from Jones. There is no extraneous evidence that Patrick 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 his money to the Institute were doomed to disappointment. But neither his statements about Rice's condition nor his remarks as to the disposition and extent of his property are inconsistent with a mere _hope_ that he would die and thus leave Patrick free to enjoy the fruits of his forgeries.