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.
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