The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1905-06-12
JUDGES NOT UNANIMOUS
Majority Maintains Theory
of Conspiracy.

peals. by a vote of to 3. has rendered
a decision sustaining the findings Of
the lower courts declaring Patrick
guilty Of murder in the first degree.
Patrick was originally convicted
April Z, 1902, on an indictment charg-
ing that he caused the death Of Rice
by chloroform and mercury admins
tered during the latter's sickness on
Sept %. 1900 The case reached the
court of appeals on March IA Of this
year when David b HILL who appear
ed for the appellant, based his argu-
ment for a reversal mainly on the con-
tention that the condition Of Rice's
body revealed by the postmortem ex-
animation might have been caused by
fluids used in embalming
The prevailing opinion Is by Judge
Gray. with whom concur Judges Bart
lett. Haight and Werner. There is
dissenting opinion by Judge OBrien,
Chief Justice Cullen and Judge vann
concurring, Chief Justice Cullen filing
also a memorandum.
Sets Up Conspiracy.
The opinion Of the court written by
Judge Grey, sets forth that the theory
Of the people was that the defendant
had conspired with Charles +. Jones,
the valet, or as sometimes called, the
secretary OF Rice. to kin Rice. and
that the defendant procured Jones to
administer choloform TO him while he
was asleep. in the accomplishment of
their joint purpose. This purpose, they
say, was motivec by the desire to OBJ
tain possession Of Rice's estate through
a will in favor OF the defendant and
through various transfers to him Of
properties, all purported to have been
Hexecuted by Rice, but which had in
fact, been forged by the defendant with
Jones aid.
The defense IS based" the court
says, upon a denial that Rice's death
was effected by violent means, or that
it was by the procurement Of the de
fendant; and the proposition is ad-
vanced that the forgeries were not
brought home to the defendant, OF If
the evidence warranted the finding
that they were that that fact did not
necessarily fasten upon him crimi,
nal agency In the murder
Patrick a Principal.
I
personally committed the murder for
the prosecution had the voluntary con
fession Of Jones that it was he who did
it, induced and aided thereto by Pat
rick but the defendant was a prin-
cipal in the commission Of the crime
under our law if he aided and abetted
IL, whether present or absent. or il he.
directly OF indirectly, counseled, com.
manded, induced or procured another
to commit il. The trial, therefore. pre-
sented these questions TO the Jury
upon evidence, whether it was estab.
lished that the death was the result
of poisoning or whether that result
was aided or abetted, induced or pro
cured by this defendant Circumstan-
tial evidence was sufficient for their
determination death being admitted.
il IL was of such a character as TO
leave an inference Of guilt the only
reasonable one possible.
Jones' story Sustained.
The finding Of mercury in the body
corroborated Jones as to his having
given mercurial pills to the deceased
to weaken his system. The evidence.
independently Of the testimony Of the
aeccmplice, is fraught with a crush
ing Implication Of the defendant in the
deliberate purpose to kin Rice, in or.
der that he might possess his estate %
The opinion holds that the physical
presence Of Patrick was not necessary.
In the eye Of the law he had been in
the person OF his accomplice, the mis-
erabie tool, whom he had fashioned for
his purposes and had Induced 70 eoi
the killing. In my opinion justice doss
not demand that the defendant should
have new trial in the rulings OF the
cnest or ip the charge TO the jury,
which affected some substantial right
OF the accused.
An appeal is not a matter Of in
herent right; it is one extended to
defendant by the favor OF the state,
and interference by this court only
becomer lustihable where there has
been so clear an abuse of discretion
that We can say that the defendant did |
not have fair trial"
Dissenting Opinions.
The dissenting judges hold that ma
teIial errors were permitted in the /
trial. and that important evidence 10
Patrioks favor was excluded Judge
oRrlen holds that il was not proved |
aad can not be proved that Rice was