Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-04-12
THE FATE OF PATRICK N
JUSTICE J[ROMES HANDS.
HE WILL PROBABLY ANNOUNCE
HIS DECISION As TO HOLDING
PRISONER, ON MONDAY,
FOUR REASONS SUGGESTED
BY PATRICK'S ATTORNEY WHY
HIS CLIENT SHOULD BE SET
AT LIBERTY.

Iuot liz 1851 NCu LIS uoCiSlOu, DuL uOpCu
to make it known by next Monday. 1t
rests with Justice Jerome whether or
not Patrick will be held for the grand
jury. Meanwhile Patrick will stay in
the tombs.
In summing up for the prisoner. his
counsel, Mr.. Moore, pleaded several
reason why Patrick should be freed.
The last one was this: Admitting, if
you will, that Patrick is guilty of for
gerry, confederation of that has no
bearing on the charge of murder. We
contend that there is no evidence that
Rice was murdered
That may be- Justice Jerome said,
'but under the common law on the
statement of Jones alone, should have
to hold the defendant for the grand
jury. Whether the statutes change this
in regard to holding a defendant for the
grand jury, is the question. That is a
mere question of law and can easily be
settled"
Mr.. Moore, acting for David l.. Short
and Morris E. Meyers, waived examin-
alton of the charges of forgery against
them as he also did concerning the
charge Of forgery against Patrick. The
latter was remanded to the tombs with
out bail on the murder charge but no
bail was fixed for him in the forgery
matter while Short and Meyers were
held in bonds of $4,000 each.
The first witness to-day was VIM. j.
Kinsley, an expert on hand writing.
The witness was handed several checks
paid by Swenson & Co. and signed by
VIM. M. Rice and then was handed the
1900 will and the checks for $4,000 and
1000 drawn on Swenson & Co. in
favor of Patrick Mr.. Kinsley said that
in his opinion the signatures on the
will and on the $4,000 and $4,000
checks were not written by the person
who had signed the checks presented
by the prosecution as bearing the genu-
inc signature of VIM NJ Rice.
Assistant District Attorney Osborne
then handed the witness the assignment
on the Fifth avenue Trust Company
and what is known as the Cremation
letter" and Mr.. Kinsley said:
Il have already compared the sigma
lures on these papers with the admitted
signatures OF the late Mr.. Rice, and
say that in my opinion they were not
written by the same person"
Defendants counsel, Mr. Moore, then
asked the witness if he had any per-
sonal knowledge of the handwriting of
Mr.. Rice other than that certain sig
natures were shown him as being in
MIR. Rice's handwriting, and the e1-
pert replied that he had not.
David n. Garvalho, another hand
writing expert, was called. He cor
roborated Kinsleys testimony.
Assistant District Attorney Osborne
then said that the prosecution rested
its case until Prof. Witthaus. the ana
lyst could appear. Prof. Witthaus was
not in court and a recess was ordered
pending his arrival.
Prof. Rudolph Witthaus, an expert
in chemical analysis. testified that he
had made an examination of the in
ternal organs of VIM. NJ. Rice. In the
stomach he found traces OF mercury;
in the intestines he found about half
grain OF mercury, in the kidneys
about one-ninth of grain of mercury,
and in the liver an unweighable ouan-
tity of mercury. There was not suf-
fcient mercury to cause death. but the
presence of it in the organs indicated
that a larger quantity had been taken
by the deceased, but just how much
he could not determine. Witness said
he had seen the brain and lungs but
was unable to tell OF their condition as
he is not sufficiently conversant with
these organs to give an expert opin-
ion- On cross-examination the profess
sor said that traces of mercury would
remain in the system several months
after the drug had been introduced in
to the BODY He could not say how
long the fumes of chloroform would
remain about person to whom the
drug was administered by inhalation.
Mr.. Moore, counsel for Patrick. pre-
faced his argument by asking Justice
Jerome to discharge the accused from
custody on four grounds The purport
of these was that the prosecuting at
torneys had failed to establish the fact
that crime had been committed. that
if murder had been perpetrated the
people had utterly failed to connect
Patrick with it and that there was not
sufficient confederation OF Jones state
ments. who, Moore said, was SELF
confessed murderer. a liar and possibly
a pefjurer.