New-York tribune., 1901-04-12
PATRICK HEARING ENDS.
JTSTICE JEROME DEFERS DECISION
UNTIL MONDAY TO CONSIDER CUES
TION OF CORROBORATION.

The hearing in which Albert T. Patrick has been
charged with the murder of William Marsh Rice a
crime which the monaire's valet. Charles F.
Jones has confessed committing at Patrick's in
stieation, came to an end yesterday, District At
torney Osborne closing the case for the people ana
Mr. Moore summing for the defence. Justice
Jerome deferred his decision until Monday and
remanded Patrick, saying that he wished further
time in which to consider whether the new law
demanded corroboration in preliminary examina-
tions
William J. Knsley and David n. Carvalho. hand
writing experts, testified at the morning session
that the so-caed Patrick will. the Swensen checks,
the N35.ooo check on the Fifth Avenue Trust Com
pany the general assignment and the cremation
letter were forgeries Mr.. Moore asked them only
one question. 1t was:
Are you familiar with the handwriting of Will
lam NJ Rice outside of the standards which have
been submitted to you for comparison?"
Professor Witthaus the last witness for the prose-
cution testified that he found mercury in un-
weghable quantity in the stomach and intestines
larger quantities in the liver and kidneys of
Rice. He said he could not determine the quantity
WAS the quantity found sufficient to produce
death?' asked Mr.. Moore.
1T not"
What does it signify that you found larger
quantity in the liver and kidneys than in the
stomach and intestnes?'
THAT the mercury had been taken some time
before death"
How long?"
II can't say. Probably from twenty-four to forty
eight hours"
Mr.. Moore at the opening of the afternoon ses-
sion began his argument for the defence. He
moved for the discharge Of his client, on the
ground that the prosecution had failed to establish
that the crime charged had been committed; that.
If the crime had been committed, the prosecution
had failed to that his client had participated
In its commission; that the prosecution had failed
to connect his client with any charge at all and
that the prosecution mad tailed to establish by
competent evidence that any crime had been COM
mtted.
while there may be some testimony in this case
ton he said this corroboration has not been of
Jones's story. but rather testimony tending to
prove, independent of Jones's story, that client
has been connected with the crime. On the other
hand. testimony tending to show the truthfulness
of Jones but not tending 10 connect Patrick with
the crime to which he confessed, is not valid
enough to hold the defendant on
He drew attention to the discrepancy between
the testimony of Jones and that of Mrs. Francis.
Jones said that Patrick. In response to telephone
communication, came out to meet him al about s
o'clock. Mrs. Francis swore that Patrick never
left the house on that Sunday until after o'clock
was willing to concede for the purposes of the
hearing that the papers forged.
David J.. Short, Morris Meyer and Patrick waived
examination on the forgery charge and were COM
mitted for trial. Patrick very anxious that
the words examination waived" should be placed
the commitment blanks of himself and the other
defendants. The Justice acquiesced. In the cases
of Short and Meyer hail fixed at $4,000 In
Patrck's case no bail was fixed,