The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-04-07
TO DIE MAY 5.
Sentence Passed Upon Lawyer
Albert 7. Patrick.
Convicted of the Murder of VIM.
NJ. Rice.
Notion For New Trial Was
Promptly Denied.
THE LAWS DELAYS.
All viii Be Invoked in Aid of
the Prisoner.
Cases Journey Through the
Courts Has Only Begun.

New York. April ALBERT T Patrick.
who was convicted on March &c Of the
murder of VIM. Marsh Rice, was SEN
fenced today by Recorder Gofr to be put
to death in the electric chair at Sing
Sing prison on May 5. Rice died in this
city on September %, 1900. An appeal
to be made to the court of appeals by
Patrick's counsel will act as a stay of
execution pending a decision by the
higher court. The recorder, in pronOunc-
ing sentence, made no comment on the
Jury's verdict.
To the customary question as to
whether the defendant had anything to
say why judgment should not be pro-
nounced, Mr. House. Patricks chief
counsel, said he desired 10 make a mo-
ton for a new trial on the ground that
the verdict was contrary to law, be-
cause it was clearly against the evil
dence: because it was against the
weight Of evidence; because the court
erred in denying the defendants motion
to advise the jury accept; because
the court admitted illegal and improper
evidence against the defendants Objec-
ton; because the court excluded legal
evidence offered by the defendant; be-
cause the court miSdirected the jury in
matters of law; because the court re-
fused to direct the prosecution to elect
upon which count of the Indictment it
would submit the question of the guilt
or innocence of the defendant and be-
cause it did not appear from the record
of the verdict of what crime the de-
PENDANT had been found guilty . The
recorder denied the motion for a new
trial. Mr. House took an exception ana
moved for arrest of judgment. This was
denied and sentence was then pronounced
by the recorder. The sheriff said he
would take Patrick to Sing Sing this
afternoon.
What may be his last Sunday in the
Tombs was spent quietly by Albert t.
t~fu as,1 -fr45t AYnf4t of
his counsel or his wife called and the
convicted murderer Of William NJ. Rice
passed his time reading and writing,
except during the religious services, to
which he listened from behind the bars
of his cell.
The case will go to the court of ap-
peals and the mere filing of a notice of
appeal by the prisoners counsel will act
as stay Of execution It will require
many months work to make up this
case" for the court of appeals to pass
/ upon More than 1000 typewriter
/ pages of testimony were taken by the
/ stenOgrap piers at the trial and this will
/ be condensed as far as possible by agree
ment between the prisoners counsel. the
! prosecuting attorney and the recorder.
! 1t is doubtful if the case viii be in shape
/ to be sent to the highest court in the
! state before the end of the summer.
There is slim chance that the court
! of appeals will be able to take up the
/ Patrick case inside of a year at least
4 " AlCA A44E1L OBlAlUn Is udilQGu QOWA I'LL
ally, Patrick will be brought to this
city again. If the conviction is sustain
ed the prisoner must be brought here
for resentence. and in case the judg-
ment is reversed and a new trial grant
1 ed Patrick also Will have a release. al
least temporarily. from the Sing Sing
death chamber It is probable that Pat
rick Will be taken to Sing Sing this at
| ternoon, within a few hours after his
sentence this morning His wife, who
| was Mrs. Addie NJ. Francis will accom-
pany him to the prison, and she vii
spend much of her time from now or
near her husband. She has obtained
lodgings in Ossinning and will divide
her time between that village and hel
/ home in this city.
The last session of the legislature
passed a law requiring that cases Of
| murder must be passed on by the cour
of appeals within six months. AS thi:
| bin did not pass until after Patrick:
conviction it is a question whether il
is applicable in his case.