Bryan Morning Eagle

New York, April 15. — Lawyer Albert T. Patrick, charged with having caused the death of William Marsh Rice, the Texas millionaire, will soon know whether Justice Jerome will hold him to await the action of the grand jury on the capital charge.

The first witness was William J. Kinsley, an expert on handwriting. The witness was handed several checks paid by Swenson & Co., and signed by William M. Rice, and then was handed the 1900 will and checks for $25,000 and $65,000 drawn on Swenson & Co. in favor of Patrick. Kinsley said in his opinion the signatures on the will and on the $25,000 and $65,000 checks were not written by the person who signed the checks presented by the prosecution as bearing the genuine signature of William M. Rice.

Assistant District Attorney Osborne handed the witness the assignment of the Fifth Avenue Trust company what is known as the "cremation letter" and Kinsley said:

"I have already compared the signatures on the papers with the admitted signature of the late Mr. Rice and I say in my opinion, they were not written by the same person." Defendant's counsel, Moore, then asked witness if he had any personal knowledge of the handwriting of Mr. Rice other than that certain signatures were shown him as being in Rice's handwriting, and the expert replied he had not.

David E. Carvel, another handwriting expert, corroborated Kinsley's testimony. Assistant District Attorney Osborne then said the prosecution rested its case until Prof. Witthaus, the analyst, could appear. Witthaus was not in the court and a recess was ordered pending his arrival.