The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-04-11
UNDER ADJUSTMENT.
Court Will Hold the Patrick Case
Until Monday.

New York. April 11.-Lawyer Albert
r. Patrick who is charged with having
caused the death OF VIM. Marsh Rice.
the Texas millionaire viii probably
know this afternoon whether Justice
Jerome will hold him to await the action
of the grand jury on the capital charge.
It is generally expected that the testi-
mony in the commitment proceedings
will be all in this afternoon. The first
witness today 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 $4,000
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 sign
ed the checks presented by the prosecu-
ton as bearing the genuine 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
signature Of the late Mr.. Rice and 1 say
that in my opinion they were not Writ
ten by the same person
Defendants counsel Mr.. Moore, then
asked the witness If he had any personal
knowledge of the handwriting of Mr..
were shown him as being in Mr.. Rice's
handwriting and the expert replied that
he had not
David N Carvel, another handwriting
expert, was called. He corroborated
Kinsley's statement.
Assistant District Attorney Osborne
then said that the prosecution rested IT'S
case until Prof. Witthaus, the analyst.
could appear. Prof. Witthaus was not
in court and a recess was ordered pend
ing his arrival.
- 49,
chemical analysis, testified that he had
made an examination of the internal
organs Of VIM. NJ. Rice. In the stomach
he found traces of mercury: in the in
testines he found about half grain of
mercury; in the kidneys about one-ninth
of a grain of mercury and in the liver
unweighable quantity of mercury
There was not sufficient mercury to
cause death, but the presence of it in the
organs indicated that a large quantity
had been taken by the deceased, but just
how much he could not determine. Wit
ness said he had seen the brain and
lungs but was unable to tell of their
condition. as he is not sufficiently con-
versant with these organs to give an ex-
pert opinion. On cross-examination the
professor said that traces of mercury
would. remain in the system several
months after the drug had been intro
duced in the body. He could not say
how long the fumes of chlorofOrn would
remain about a person to whom the drug
had been administered by inhalation.
At the close of the arguments Justice
Jerome said he would withhold his de-
cision as to whether a case sufficiently
strong had been presented to warrant
the holding of Patrick on the charge of
murder until Monday next. Patrick was
remanded until that time.
The defense waived examination in the
forgery charges against Patrick. David
L. Short and Maurice Meyer and they
were held for the grand jury. Bail for
Short and Meyer was fixed at $4,000
each. The amount Of Patrick's bail on
the forgery charge was not fixed.