New-York tribune., 1902-02-12
DEFENCE WINS A POINT
TESTIMONY HELPING TO PROVE rox
sPIRACY CHARGE RULED OUT.

The defence won a point yesterday in III. .-,,,
Of Albert T. Patrick. Testimony was exclusss
by Recorder Gon that would help 70 estahr.h
the alleged conspiracy between Charles F. Jo,s.
the valet Of William NJ. Rice. and Patrick
John III. Wallace. paying teller of Swensor,,
Bank, who detected the error in the indorxA
ment on the first $4,000 check presented .,
Swenson's by David L. Short on behalf OF pa,
rick, was put on the stand. Mr.. Osborne wan,as
him to testify as 10 a te1ephonic conversa,io,
with Charles F. Jones, the valet Robert NJ
Moore of counsel for the defence, objected ths+
Patrick was not present when the conversatio,
took place The Assistant District Atrornsv
argued that he had shown the connection be-
tween Patrick and Jones by the testimony 9,
the newspaper reporters to whom Patrick sad
that Jones had informed him OF the inquiries
being made by the bank.
The Recorder asked the witness several ous.
tions, and then ruled that he might testify onlv
as to what he was told over the telephone abou.
the death of Mr.. Rice. and might not tell anv
thing Jones said to him about the validity OF !.
check.
Mr.. Osborne did not like the ruling. The Re.
eorder declined to change it, and the Assistan,
District Attorney said. somewhat petulantlv
We'll, L won't ask him anything at all" He
changed his mind. however. a moment later 10
the extent of getting AIr. Wallace to identity
formally some admittedly genuine signatures
of the dead man
Ernest ]. Lederle. the Health Commissioner
identified many photographs OF signatures Of
Mr.. Rice which he had made and enlarged Il
took so long TO mark the exhibits that the Re-
corder became tired and retired 10 his private
room leaving the clerk OF the court TO make
the markings. There a long Wrangle be
tween Assistant District Attorney Osborne and
Mr.. Moore, of Patricks counsel, over the adrnis-
sion of some unsigned writing by Mr. Rice IN
tended to show that up 70 within a few days
OF his death Mr. Rice retained his vigorous style
of writing. The Recorder at length admitted
the sample, after once ruling IL out. Mr. Ledarle
said he had made photographs OF Mr.. Rcs's
signatures not in the collection subritted by the
prosecution. and he was instructed 10 bring
them to court
Albert s Osborn, an expert IN handwriting
testified at great length as to the disputed and
genuine signatures OF Mr.. Rice admitted in eTt
dence. He said the hand that wrote the genufns
signatures never wrote the disputed signatures.
He pointed out on the enlarged photographs Of
the signatures the peculiarttieS which helped
him to form an opinion
''If certain peculiaFities" he said. are an ah-
sent, and other pecuiarities, not seen in the ad-
mitted signature are present the conclusion
must be drawn that the signature is not genu-
inc" The expert dwet at length on the shaded
down strokes in Mr.. Rice's known handwriting.
"A genuine signature" he declared. indicates
an absence OF mental effort That the signature
of a pTactised writer is made carefully. In q
steady manner, is itself enough to arouse s1s-
do not show deliberatiOn. They show lack Of
attention that is perfectly natural"
The trial will not be continued to-day, but
will proceed tomorrow at 1870 a n.