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.
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