The Montgomery advertiser., 1905-06-10
WEATHER FORECAST.
 washington, June ss--For AIabanaa-- Fair Saturday. Sunday pnrtiy cloudy, showers and cooler in north pertion; light to fresh southerly winds.

of death until Jones had made his fourth and last confession after re- canting three others that were shown | to be false"
 He points out further that the coro- ner's physician who made the autopsy and was presented to the jury as dis | interested officials, were shown upon motion for new trial. to have been working hard by experiment. to helr the District Attorney to make out a l case. expecting to receive extravagani compensation for qualifying as his experts. They qualified and were paid for 1t. The judgment rests on the testimony of three witnesses. Jones and the coroner's physicians. Jones evidently testified under promise of Immunity. He was maintained ai public expense in a hospital and in 3 comfortable boarding house and was finally set at large.
 Drew Bis Pay.
 After Jones's confession as to chlo- roform the coroner's physicians set to work to corroborate 1t. experimenting a year. and one of them using 140 specimens of birds and animals. All the time he was a safaried ofiicial. yet he presented a bill for these services of s7.506 and actually received s5.20e. The other salaried physician also pre- sented bill and was paid.
 Judge o'Brien sharply criticizes both the court and the District Attorney in connection with xhe conduct of the case.
 My objection to the Judgment in this case." says Judge OBrien, -is that the accused did not have a fair and impartial trial. It was not until after several months conference between the district attorneys ofice and Jones and his private counsel that the state ment now in the record was ready to be submitted to the grand jury. Many novel and ingenious methods wefe adopted at the trial to corroborate Jones and one was that while in jail the defendant and Jones had conspired to commit suicide. It was thought a sound proposition that a conspiracy between these two persons to commit suicide after the homicide proved in some way an antecedeut conspiracy to kill Rice"
 Not until after Joness final confes- sion. Judge O'Bricn says. did the coro- ner's physicians. who had no thought of chtoroform before, begin 10 educate chloroform theory. On the stand they not only supported the theory as ex- perts but claimed that they had dis covered indications Of cfiioroform poisoning at the autopsy. It was therefore of importance for the de- fendant to contradict or in1peach them by showing that they had public ly stated at the close of the autopsy the result oftheir examination and that it was inconsistent with or contradicto- ry of their statements as witnesses.
 Prevented by the Court.
 The defendants counsel attempted to do this but was prevented by rui- ing in the court.
 Judge OBrien is particularly em- phatic tn his cfittcism of the Binafsston of evfdehre as to Il conference be- tween Patrick. Jones and their joint counsel, Potts. He held that 1t was sacred confidence and was received under theory of law manifestIy un- sound"
 Tn al the records of this court" says Judge O'Brien. mo case can be found where a conviction for a capital of fense has been sustained in the face of such objections as this case presents. can see no reason for making this case an exception"
 Chief Judge Cullen in short opinion concurs with Judge O'Brien for re- versal but disagrees with him as to several propositions. He says there Is a limit to the extent to which errors may be disregarded even in case where 1t is thought the verdict is war ranted by the facts. He says that suicide or an attempt at suicide is ad- missable in evidence If is plain that the confession of Jones was not com petent evidence against Patrick and therefore Jones' attempt at suicide was equally incompetent