The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-04-16
THE PRELIMINARY TRIAL OF PATRICK
CONCLUDED.
COURTS DECISION RESERVED.
Experts In Handwriting Declare the
Contested VIII and Checks Forgeries.
Question of Holding Patrick for the
Grand Jury on Charge of Murder
on Jones' Uncorroborated Testimony
Simply One OF Construction OF a Stat
ute-The Investigation on Forperv
Charges Waived.

New York. April 1.-THE hearing in
the case Of Albert T. Patrick. charged
with the murder OF the aged million
aire. William Marsh Rice. closed this
afternoon and Justice Jerome an
nounced that he reserved his decision.
but hoped TO make il known by next
Monday II rests with Justice Jerome
whether or not Patrick will be held for
the grand jury. Meanwhile. Patrick
will stay in the Tombs.
In summing I'D for the prisoner his
ounsel 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, confederation OF
that has no bearing on the charge of
murder. We contend InaI there is no
evidence hat Rice was murdered
Tina may be-" said Justice jerome.
but under the COMMON law. on the
statement OF Jones alone l should haze
to hold the defendant for the grand
jury. Whether the statutes change
This. in regard TO holding a defendanl
Tor the grand jury is the question.
mat Is d mere question of law and
can easily be settled"
MI. Moore, acung for David l.. Short
and Morris Meyers, waived examina-
tlon or the charges of forgery against
them. as he also did concerning the
charge of forgery against Patrick. The
latter was remanded to the TomDs
bail on the murder charge, but
nc bail was fixed for him in the forgery
matter, while short and Meyers were
held in bonds of $40, 600 eacn.
The first witness today was William
j. klnSley. an expert on handwriting.
The witness was handle several checks
paid by Swenson & Co. and signed Will
liam NJ. Rice and then was handed the
1900 will and the checks for $50, 900 and
5000 drawn on SWenson q Co. in ia
Vor of Patrick. Mr.. kinsley said that
in his opinion the signatures on the
will and on the $25, 600 and $65. 900
checks drawn on Swenson & Co. were
not written by the person who had
signed the checks presented by the
prosecution as bearing the genuine
signature of William NJ. Rice.
Assistant District Attorney Osborne
then landed 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 signatures on
these papers with the admitted sigma
AN VI Ian A"IS NIL III IN l. ody
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 per-
soma knowledge of the handwriting OF
Mr.. Rice other than thar certain sig
natures were shown him as being N
Mr.. Rice's handwriting. and the expert
replied that he had not.
David N. Carvalho. another hand
writing expert. was called. He cor
roborated Kinley's testimony.
Professor Rudolph Witthaus. an ex-
pert in chemical analysis, testified that
he had made an examination of the in
ternal organs Of William NJ. Rice. In
the somach he found traces of mer-
curry; in the intestines he found about
half a grain of mercury; in the kidneys
about one-ninth of a grain of mer-
curry and in the liver an unweighable
quantity of mercury. There was not
sufficient mercury to cause death, but
the presence of it in the organs indi-
Gated that a larger quantity had been
taken by the deceased, but just how
much he could not determine.
The witness said he had seen the
brain and lungs. but was unable to tell
of their condition. as he is not suffi-
GENTLY conversant with these organs &c
| give any expert opinion.
On cross examination the professor
said that traces of mercury would re-
main in the system several months af.
ter the drug had been introduced into
the body. He could not say how Ions
the fumes of chloroform would remain
about a person to whom the drug wa:
administered by inhalation.