The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-03-15
PATRICK HEARS HILL PLEAD.
ARGUES FOR THE
CONVICTED MURDERER.
Accused Taken From Albany to Sins sing
Indcr Court OF Appeals Order-COn-
tends That Biee's Death vas Not
Caused by ChlOrofOrm mother Points.

Accused Taken FROM AlDany TO hlnH sins
ndcr Court Of Appeals OrieT-COn-
tends That Eiee's Death vas Not
caused by ChlOrOf0rm-Other Points.
AtRANY. March t4.--Albert 7. Patrick,
fine LAWYER who has teen in Sing Sing for
almost three years under sentence Of death
for the murder Of William NJ. Rice, the aged
millionaire, breathed tho fresh air and sun
shine Of freedom to-day under the per-
mission he secured from the Court Of APP
real. Ia appear before It in connection with
the argument Of the appeal in his own case.
lnaoCordance with the order of the Court
q ApTsals, which came to Patrick from
Chief JutRe Cullen In resro nse'tO the law
YER written plea, Warden johnson Of
Sing Sing Prison putPatTick in custody Of
State Detective jackson and INT him to
thl, city this morning, The detective and
prisoner arrived shortly before midday on
the Empire State Express
Patrick was taken by Detective jackson
70 the office Of state Superintendent Of
Prisons Collins, in the Capitol where he
was greeted by the Superintendent and
made comfortable while a message was
sent 10 ex-senator Hill, his counsel, an
nouncing his arrival. 1t is understood that
Mr.. Hin sent a representative TO talk with
Patrick, but that he did not meet his client
until they came together in the court room
late this afternoon.
While Patrick was in the office Of the
State Superintendent Of Prisons he was
Joined by his mother and his two daughters,
aged and IL years, with whom he con-
yersed for over an hour. The little girls
cried when they saw the lawyer Patrick
also was visited at the capitol by his sister,
Mrs. John r. Millikin.
In the argument before the highest court
I'M, afternoon Senator Hill made the plea
for new trial for Patrick, and arrayed on
the side Of the people were Judson 5. Lam
don, formerly an Associate Judge Of the
Court Of Appeals, and Assistant District
Attorney howard S. Cans Of New York.
It is the understanding that Senator Hill
is retained in the case by Patrick's brother
in-law, who is a wealthy resident Of st.
Louis. His wife, who is Patrick's sister is
now in Albany awaiting the result Of the
argument before the court.
When the case was reached for argument
this afternoon the seats in the Court of APP
peals chamber were all taken and two
policemen " ere stationed at the outer door
70 keep out late arrivals. These policemen
IN the performance Of their duties turned
down Senators, Assemblymen and State
plllOlhAh IGE dIulino OF llltlI lhllh anu per
mitted TO enter only attorneys interested
In the cases before the court
About the time Senator Hill arrived,
Patrick came up from the office Of State
Superintendent Of Prisons Collins and,
entering the courtroom. took a seat on one
side. His Oldest daughter sat down on
one side Of him and the younger one sat
in his lap, while Patrick's sister and mother
occupied adjoining chairs on the other
side OF the accused and Detective jackson
so n fwg IA 10 al tal
was not In the room and 1t is believed she
did not come 20 Albany.
On the calling Of the case for argument
to-day 1t was agreed that counsel might
have four hours time for the presentation
Of each side. Senator Hill had consumed
less than two hours when the Court adj
journed at O'Clock.
Senator Hill urged a reversal Of the judg-
ment Of conviction and the granting Of a
new trial on these grounds, among others
THAT there was no adequate evidence
that a murder had been committed, the
testimony Of the attending physician being
that death was due to natural causes.
That the congestion Of the lungs relied
upon by the prosecution TO support the
theory Of death by chloroform was due
70 the embalming fluid.
That there was no adequate motive for
murder established, a genuine will in ones
favor being as much motive for desiring
the death OF testator as fraudulent or
forged will
That the motion for a new trial on the
ground Of newly discovered evidence
should have been granted, that evidence
having disclosed an unlawful and corrupt
bargain bet ween the prescott ion and the
witness Jones whereby the latter was to
escape all punishment whatever for his
confessed crime IN case he would testify
duplicating the defendant Patrick in the
crime Of murder.
That the motion for a new trial should
have been granted on another ground.
Whether Rice died from violence or from
natural cause was the important contested
question on the trial IL largely depended
upon the evidence Of two CoToners' physi-
clans, who examined the lungs after the
autopsy, and those physicians were repre-
senled on the trial by the prosecution as
'di-interested public officials. having no
pecuniary or selfish interests 20 serve in
giving their testimony, whereas il has been
discovered since the trial that these wit
nesses had been privately retained by the
Prosecution and had been paid for their
services several thousand dollars, which
compensated public officials had no lawful
right TO accept
That the conduct OF the Court below was
such that q fair and impartial trial was not
had The Recorder in his undisguised
gal for the prosecution, eprived the de-
tendant Of his rights in instances too numeT-
Gus 20 mention"
Patricks comfort Is we'll looked after
while he Is In Albany. He had luncheon
to-day at the Hotel Ten Eyck, and tonight
he slept IN the hotel in company with De-
tective jackson. Tomorrow afternoon
Senator Hill will resume his argument in