The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-04-12
The HEARING IS CLOSED
Patrick Goes Back to the Gloom Of
the Tombs.
KooaE's ARGUMENT FOR THE PRISONER
He Contends That There is no Evidence That a
Murder Was Committed. The Testimony
Of Rudolph Witthal S, an Expert
in Chemical Analysis.
(By the Associated Press. J

New York, April 1.-THE hearing in
with the murder of the aged millionaire
William Marsh Rice. closed this after
noon, and Justice Jerome announced that
he reserved his decision but hoped to
make it known by next Monday. 1t rests
with Justice Jerome whether or not Pat
rick will be held for the grand jury
Meanwhile, Patrick win stay in the
Tombs.
In summing up for the prisoner, his
counsel, Mr.. Moore. presented several
reasons why he thought Patrick should be
freed. The last one was this
Admitting. if you will that Patrick is
guilty of forgery, corroboration of that
has no bearing on the charge of murder.
We contend that there is no evidence that
Rice was murdered"
That may be-" said Justice Jerome.
but under the common law, on the state
ment of Jones alone, / should have to hold
the defendant for the grand jury. Wheth-
er the statutes change this, in regard to
holding a defendant for the grand jury is
the question. Thaer-sffs-.as mere question
of law and can easily be settled"
Mr.. Moore, acting for David l.. Short
and Morris Meyers, waived examination
of the charges of forgery against them,
as he also did concerning the charge of
forgery against Patrick The latter was
Temanded to the Tombs without 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 today was William J.
Kinsley, an expert on handwriting. The
witness was handed several checks paid
by Swanson and Company, and signed
William NJ. Rice. and then was handed
the 1900 will and the checks for $25. 900
and $4,000 drawn on Swanson and Com
pany in favor of Patrick. Mr. Kinsley
said that in his opinion the signatures on
the will and on the $4,000 and $780, 900
checks were not written by the person
who had written the checks presented by
the prosecution as bearing the genuine
signature of William 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: II have already
compared the signatures 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 per-
SON.
Defendants counsel Mr. Moore, then
asked the witness if he had any personal
knowledge of the handwriting of Mr.. Rice
other than that certain signatures were
shown him as being in Mr.. Rice's hand
writing, and the expert replied that he
had not.
David N. Caravalho, another handwrit-
ing expert, was called. He corroborated
Kinsley's testimony.
Professor Rudolph Witthaus, an expert
in chemical ANALYSIS, testified that he
had made an examination of the internal
organs Of William M. Rice In the
stomach he found traces of mercury; in
the intestines he found about half a grain
of mercury; in the kidneys about one
ninth Of a grain of mercury. and in the
liver an unweighable quantity of mercury.
There was not sufficient mercury to cause
death but the presence of it in the or
gans 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 any expert opinion.
On cross examination the Professor said
that traces of mercury would remain in
the system several months after the drug
had been introduced into the body. lie
could not say how long the fumes OF
chloroform would remain about person
to whom the drug was administered by
inhalation.