New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-07
PATRICK'S BACK TO WALL
Continued from first page.

inquire into these reasons here The sentence 5a OF
mems however that persons found guilty OF muir
der and put to death have subsequently turned Guy
to be innocent that the deceased person supposed
to be dead not dead at al. SuppoSe s 4estb
and then turned up with the man was i sup
posed TO have murdered Coulo Sou , nc for
the defendant Of the judgment oil co'''O''oH IO'
that crime? -. 49,, -,,s Fraud on
the bart of the District Attorney in procuring my
conviction. would your honor not nave Pq"el
f Ros is not S dead That is not the question The
question is whether or not he was kIiitu- 81
ton to show that it was on false and fTauduIeh{
IN IaT that fraud Tevokes all action.
Your honor has right to set aside a judgment
proceeding by fraud; Your honor may rule agais5
me i'm this matter but what shall be my remedy:
have no right to ask IN the court wnere vas
dUco nv evidence that William NJ. Rice was not
killed and that the evidence declaring him to have
been killed was falSe 1tauoulet anu man ~
ured and the District Attorney knew 1t at the
do not single out individuals speak generally
of the persons who had charge Of this case against
fher there Is b Pie righf to render judgment after
hon9T mas 1 eyfde6ce along those lines cannot
bring an action to set aside the judgment of con-
obections to the Judgment This is an independent
suit This is in the nature of a suit 10 revive
dormant judgment.
Patrick hesitated for a moment watching
keenlv the face of Justice Rogers for some trace
Of his decision in the matter.
Didn't your counsel cover all those groundsE"
asked the court.
mo. sir" answered Patrick. 81 don't think
he spoke on those points at all. AS additional
reason for wanting your honor to take up this
matter and not to render judgment against me,
7 assert that one of the judges Of the Court OF
AnneaIs had such an interest in the controversy
as to preclude him from sitting on this case
I'VE won't go into that; that is not part Of
mis- case now: I have reached a conclusion"
said Justice Rogers.
az don't want this to act as a bar to prevent
me from raising this question in another court"
said Patrick.
INQUIRED into the circumstances, no legal reason
exists against the execution OF the sentence or
oWin YOU not let us produce our new evil
dence?" asked Mr.. KOhler- The court refused
vhereupon Mr.. Kohler took legal exceptions 10
tbe ruling of the court In stern tones Justice
Rogers then said: Patrick, stand up
The accused lawyer shuddered His race
turned ashen and for the first time since he en-
tered the courtroom he displayed a sign of emo
ton He tilted back his chair, and rose to his
feet by a supreme effort. The court then re-
sentenced him to death, as prescribed py law
TO die In the electric chair at Sing Sing IN the
week beginning Monday, January -
ITO which the defendant objects. on the
ground that his conviction has been procured by
fraud" said Patrick, in cool, eXpressionless
voice
His objection went on record. Patrick then
was taken into custody by his guards, and prep
arations for his return to the death cell at Sing
Sing were made. AS he was leaving the court
room Patrick turned to the crowds that surged
around him and his guards and said:
Every word 1 said here to-day is true, and
I'll prove it some day
patrick was back in his cell at Sing Sing by
o o'clock He seemed to be in good spirits. and
said his counsel would take an appeal to tbs
United States Supreme Court Immediately, and
that the appeal would act a stay TO keep
him from the electric chair i'm January.