New-York tribune., 1905-06-10
PATRICK WILL FIGHT ON.
n B. HILL DECIDES IT.
Court of appeals Refuses to Grant
Neso Trial.
rnx TELEGRAPH TO THE TRIBUNE.l

.r not be finally decided by the decision Of
~. Court OF Appeals to-day, which refused to
--.nt the convicted lawyer new trial. Fur
.ssr stems VIII be taken in his behalf. A motion
Cor a reargumsnt of tho case or for new trial
en the grounds OF newly discovered evidence
will be made
Ex-senator David B. Hill. VINO presented the
patrick appeal to the Court of Appeals. will de-
,;6e tomorrow to the to be pursued.
As was out Of town to-day and did not arrive
home until this evening. After he had read
she three opinions he said that there was no
ousstion that further effort would be made
N secure a new trial for Patrick. The newly
discovered evidence is the experiments con-
sucted by certain medical interests in New-York
CITY which show that embalming fluid produces
conditions in the human body such as were
found in the body of Rice.
The vote which sustained the lower courts in
.dudging Patrick guilty of murder in the first
1ssree in causing the death of William Marsh
Hice was to 3. On April 4, 1902, Patrick was
eonyicted on indictment charging him with
the murder of Rice by chloroform and mercury,
administered to him in his sickness on September
% 1900 The case reached the Court of Appeals
m March Il Of this year, when David B. Hfll
who appeared for the appellant, based his argu-
unent for a reversal mainly the contention
that the condition OF Rice's body revealed by
caused by fluids used in enlbalning.
The prevailing opinion is by Judge Gray, with
whom concur Judges Bartlett. Haight and Wer-
,er There is a dissenting opinion by Judge
oBrien. Chief Judge Cullen and Judge Vann
ooncurring Chief Judge Cullen also filing a
memorandum
After review of the evidence Judge Gray's
opinion says:
Iia-r fhot
the death not the result of natural causes
and that it due to some criminal agency.
They could well conclude that the autopsy as
closed natural cause for the death ana that;
In the light of the medical opinions, 1t could
only be accounted for as having happened In the
way testified to by Jones; that is, by chloroform
posoning administered while the victim was
sleeping. The physicians who assisted at the
autopsy testified to physical conditions making
TO say whether the facts and their opinions, with
that Of Professor Wittheus. satisfactorily ac-
counted for a death by -chloroform poisoning
The finding of mercury in the body corrobo-
rated Jones TO his having given mercur1aI
pills TO the deceased to weaken his system; me
prosecution was attended with the difficulty or
the situation. The deceased had LED a cornpara-
lively isolated life in the community. The ac-
cused was q lawyer, who for months was pre-
narinv his plans In such a manner as might
divert suspicion of the use of foul means. He
secured useful tool in the faithless servant,
through whom he acquired the secrets Of his
master and which enabled him to mature his
slans When ripe for fruition, the tool was there
hat the verdict rested upon satisfactory evil
ence Of the truthfulness OF Jones's story and Of
ne connection of the defendant from the incep-
ton to the close Of the conspiracy disclosed
The jurors were warranted IN believing that
death was caused by chloroform poisoning, and
that certain material facts to by wit
nesses other than Jones, taken by themselves,
led jrresstibly to the one inference that the de-
fendant's was the mind that had conceived the
criminal act and induced its commission. The
Evidence, Independently of the testimony of the
sccomplice, is fraught with crushing implica-
ton of the defendant in the deliberate. purpose
TO kill Rice, in order that he might possess his
estate.
L. my opinion, Justice does not demand that
the defendant should have new trial. unless
were committed upon this trial In the
rulings of the court, in the charge to the
Jury, which affected substantial right Of
The accused. There was no hasty trial and con-
viction; for the trial occupied ten court weeks,
and the record fills some three thousand pages,
exclusive of the proceedings on the application
for trial 1t cannot fairly be said that
the Recorder was lacking in indulgence to the
defendant in his rulings, and it is notaclain1ed
that his charge to the jury was either unfair
or erroneous. So great the latitude Of in
quiry allowed the application for trial
that its matter alone fills separate volume Of
some eleven hundred pages.
The dissenting judges hold that material
errors were permitted in the trial of the case,
and that important evidence in Patrick's favor
was improperly excluded. Judge O'Brien's
opinion holds that it was not proved. and can
not be proved. that Rice was living when the
chloroform was applied to his face and that mo
one thought of chIoroform as the agency of
death until Jones had made his fourth and last
confession, after recantirg three others, that
were shown to be false" Judge O'Brien sharply
criticises both the court and the District Attor-
ney in connection with the conduct Of the case.
He says:
Judge OBrien is particularly emphatic in his
criticism Of the admission of evidence as to a
conference between Patrick, Jones and their
joint counsel. Potts. He holds that it a.
cred confidence, and received under
theory of law nanifestIy unsound." Concluding,
he says:
In all the records of this court no case can be
found where conviction for capital offence
has been sustained in the face of such objections
as this case presents / see no reason for
making this case an exception. There is no dis
unction between case where has been
found guilty Of advising another to administer
chloroform to rich old man, and any other de-
fendant who shoots or poisons his wife, with
MS own hand Stays the poorest beggar in the
land. The position Of the victim of crime,
whether rich poor. has not the weight of
feather in the administration Of the criminal
Law.
The case of Albert 7. Patrick is of the most
remarkable OF Nsw-York criminal He
the first person be convicted OF murder in the
first degree In this city the ground that he in
stlgated the murder the person who actually COM
ritted the murder being the chief witness against
him
In causing the murder Of William Marsh Rics,
an aged and eccentric of wealth Patrick was
playing for large stake. forged Will, forged
power Of attorney and forged checks for large
sums were ready for at the time Of Mr. Rlce's
death means of dverting estate of about
10000 TO Patrick who, lawyer. had neglect
&c no legal detail for capturing the estate Fat
rick almost succeeded in gaining the stake he