New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-03-15
PATRICK HEARS ARGUMENT
PRISONER At ALBANY.
Ex-senator Hill Begins Plea Before
Court of appeals.
InY rELrGRAPH TO THE TRiBUsE.l

Albany March 14-with his six-year-oid
daughter, Lucille, in his arms. and his mother
and sister and older daughter beside him, Al
bert T. Patrick contrary to the advice OF his
counsel ex-senator David B. Hin, sat before
the judges OF the Court of Appeals this after
noon and listened to the argument on which he
depends for reversal of the judgment con-,
victing him Of murder In the first degree.
1t was Patrick's first public appearance since
April, 1902, when he was convicted and SEN
fenced TO the death penalty for the murder OF
William Marsh Rice, the aged New-York mil
lionaire, and the first time also that the highest
State court has granted such a privilege to
a defendant convicted OF a capital offence. And
the favors did not end here. The prison au-
thorities showed their confidence in Patrick by
sending him here with only one guard. He was
permitted to take his meals with the members
Of his family and this evening. for the first
time in two years. he will sleep outside a
prison cell on a comfortable hotel bed.
Patrick's presence In the city was the occasion
for family reunion. AS soon as he arrived he
inquired for his relatives and was very grateful
when his holiday outing was extended to, permit
him to take luncheon with them at restaurant.
There he met his two little daughters, Lucille
and Lillian; his mother and his sister, Mrs. John
r. Milliken. of st. Louis. She and Mrs. Patrick
had all the way from their home in the
west To be mere with the convicted man. Our
ing all this time Patrick's only attendant was
State Detective James Johnson. a man about
half his size, between whom and Patrick the
most friendly understanding seems to exist.
Patrick arrived on the Empire State Express
and walked up the hill to the Office of c. V.
Collins. State Superintendent of Prisons. HIS
coming quite unexpected, even by ex-Sena-
tor Hill. his counsel. In fact. few days ago.
when it became known that the prisoner was
anxious to argue his case. Mr.. Hin pro-
tested, and on his request, st was said, Patrick
decided to remain at Sing Sing.
One Of Patrick's first acts after reaching
Superintendent Collins's office was to telephone
to Mr. HILL whom. by the way. he has never
seen. and soon a representative of Mr.. Hlls
office went to the Capitol After a conference
between him and the prisoner, the latter agreed
10 abandon his intention of addressing the court.
but adhered to his purpose of attending.
In all, not more than one hundred persons
heard the arguments in the case In arguing
for a reversal of the judgment Of conviction
and new trial ex-senator Hill made two main
points: First, that Mr.. Rice not murdered
at all. but died from natural causes, old age
and weak heart and second, that the unwar-
ranted methods Of the District Attorneys office
in obtaining a conviction gave sufficient reason
for granting new trial. Concerning Jones, tho
choroform to Rice at Patrick's instigation, Mr..
Hill said:
Jones made three alleged CONCESSIONS in
which four essentially different stories were told
by him. Being confessed murderer. his testi-
mony alone is not sufficient upon which 10 CON
Wet another person OF being connected with him
in the crime. II is clear that Jones was induced
to implicate Patrick with himself by the civil
interests concerned in the latter's conviction.
The evidence discloses the fact of unlawful
and corrupt bargain between the prosecution
and the witness Jones, whereby the latter. was.
to escape all punishment whatever for his con-.
fessed crime in case he would testify implicat
ing the defendant Patrick In the crime Of muir
der. -r- -.- .-.. ,--. -.-.t.-
That bargain was denied on the trial and fits
existence unlawfuly and improperly concealed.
Jones was never indicted for murder, forgery
attempted suicide but after the defendant was
convicted and the litigation over the will cases
him, he was given full liberty and Is now living
in Texas having been discharged immune
from punishment The history of criminal
Jurisprudence in this State furnishes parallel
for such procedure, and the law cannot sane
ton the usurpation by the prosecution OF the
OF the Governor or the State.
trustwOrthiness CT the two coroner's physicians
who testified regarding the condition of Rice's
lungs, declaring that, far from being "disinter-
ested," alleged, they had been privately re-
tanned by the prosecution and had received sew
eral thousand dollars for their alleged services
in studying the effect OF choroform on the
human lungs. Mr.. Hill argued that the con-
gestion OF Rices lungs was caused not by chlo-
reform, but by embalming fluid.
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