New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-12-07
SAYS JEROME BOUGHT JONES
PATRICK'S LAWYER DECLARES DIS
TRICT ATTORNEY HID PROMISE OF
IMMUNITY FOR vALET'S STORY.

INN roh NaIIsA - 9ACA~A-
Argument on the motion for trial for AL
bert T Patrick the convicted murderer of William
Marsh Rice was continued yesterday before Re-
corder Golf IN Part II of the Court Of General
Sessions.
John c. Tomlnson who appeared for Patrick.
said he thought time would be saved IL both sizes
presented all their evidence in af1dav1ts
Recorder Golf thought the idea a good one, ana
Mr. Garvan had no objection, except that he de-
sired examine Frederick E House, Patrlck
former counsel, and Aurich and Payne the Morgue
attendants, whose evidence was ruled out at tae
last trial.
Mr.. Tomnson agreed that they be examined
and Mr. House was called to the stand He ad-
mitted an interview with Charles Z. jones' the
valet, in the counsel room Of the Iomps prison.
He said Patrick was present at that interview.
Did Jones that OCCASION, Mr. Garvan ASKED
tell you the same story that he told to Justice
Jerome and to his honor and the jury IN the trial
OF Patrick for the murder Of Rice?
al must decline to speak of that interview the
witness replied, ION the ground that it was
privileged communication between counsei ana
client"
81 am bound to hold with Mr. House. ruled Re-
corder Golf.
But. your honor" Mr. Garvan pleaded, counsel
for the appellant should waive those privileges
He comes into court and tells you great injus-
tfce has been done; that an innocent man Is In
JAIL railroaded to the electric chair oy paonc
officer who procured and suborned threatened tes-
the witness Jones told TO him the story of the
murder as he told at the trial. and that he made
that statement long before he ever spoke to the
representative of the District Attorney Ii Mr'
House can say that Jones did not make such a
statement to him Patrick should be glad to waive
all privileges and allow him to do So
Mr. Tornlinson read from his brief his accusa-
ton that the District Attorney had made an IL
legal bargain with Jones.
IL am going to strong language he said,
IL full l-pn az a
an attorney and an officer Of this court L say
that the treatment of Jones was absolutely We
Iative of the statute of the State and the funda-
mental principle of law. The action of the
District Attorney was most improper, and a fraud
upon the court. The grand jury is supposed to con-
troll the throttle Of criminal justice 1t was Illegal
advise the grand jury not TO indict Jones. ano
showed that the public prosecutors knowledge of
a public duty is exceedingly slight
The court, and the District Attorney, Mr..
Tomlnson held alone had legal authority to pledge
the public faith to immunity for confessed Grim
inal and he quoted various court decisions so de-
claring.
Take the affidavit of the District Attorney" he
said 1.-The guardian Of our prhlic morals, this afi-
davit of Mr. Garvan. Jones in the House OF
Detention the only place under the law where he
could be held as a witness. Mr.. Garvan made afi-
davit that Jones was in danger OF death. and he
asked permission to have him removed to private
hospital Your honor made the order, and Jones
Soarding house. whers the city paid $s5 week for
his keep The affidavit was raise Jones was 10.
Ill; his health was not in danger II was never
intended to him to hospital IN any
grant the request Of that afhdavit commit
witness 70 a private boarding house or TO q per
ambulatory House OF Detention "here was 'ie
''Milligan up there trying to bride him." put
Now marx" counsel continued. the gross ig-
norance Of the District Attorney % the deceit prac
tsed upon this court. Mr.. Osborne in his opening
address said the evidence OF the aecomphce to be
Osborne said he had proved ms case Without Zones
was a trick divert the attention OF the court
from the Of the story 81 snK Was d io
rest the statement of this accomplce you would
have h he's M g naHe MN mpc9on that no I'M
munity had been promised him have been proved
that Jones can be indicted at any time. Well, he
can't He cannot be extradted from Texas. They
If the District Attorney has held over Jones any
such threats they have violated the sixth provision
believe has been done we believe It was the
his final confession. We say further that the jury
and your honor should have been fully informed OF
Jones's interest in telling story that should Sc
Mr. Caravan. in reply denied that there was any
make public any promise made to witness: Mr.;
Garvan argued that the District Attorney had full
the accomplice had been indicted After indictment
the power to grant immunity naturally devolved
1--WE say he said. that Jones told the story of
the killing Of Mr. Rice in Patrck's presence TO MI
He then said that if the defendant declined to
waive his privilege. he would withdraw his ques-
ton sooner than ask the court TO order Mr.. House
to
Recorder Golf said he would not rule on the pro-
he was convinced of the materiality OF his testi-
mony to prove or disprcve the point raised IN the
Adjournment was taken until Tuesday
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