The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-06-10
PATRICK Is FOUND
GUILTY OF MURDER


was applied to his face. and that mo
one thought of chloroform as the agency
of death until Jones had made his fourth
and last confession after recanting three
others that were shown to be false"
He points out further that the coron-
er's physician who made the autopsy and
was presented to the jury as disinter-
ested officials, were shown upon motion
for new trial to have been working
hard by experiment to help the district
attorney to make out a case, expecting
to receive extravagent compensation for
his testimony as 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 i'm
munity He was maintained at public
expense in a hospital and in a comfor-
table boarding house. and was finally set
at large After Jones' confession as to
ohloroform the coroner's physicians set
to work to corrohorate 1t. experimenting
lot, one using one hundred and forty
specimens of birds and animals. All the
time he was salaried official, yet he
presented a bill for these services of $3.50,
and actually received $500. The other
salaried physician also presented a bill
and it was paid.
Judge o'Brien sharply criticises both
the court and the district attorney In
connection with the conduct of the case.
my objection to the Judgment in this
case" said Judge O'Brien. sis that the
accused did not have fair and impartial
trial 1t was not until after several
months of conference between the as
trict attorneys office and Jones and his
private counsel that the statement now
on the record was ready to be submitted
to the grand jury. Many novel and IN
genious methods were adopted at the
trial to corroborate Jones. and one was
that while in jail the defendant and
Jones had conspired to commit suicide.
II was thought that sound proposition
that a conspiracy between these Two per
sons to commit suicide after the homi-
eide proved in some way an anteceuent
conspiracy to kill Rice
Not until after Jones maj cornerstone
Judge O'Brien said, did the coroner's ply
sicians VINO had no thought of chloro-
form before. begin to educate themselves
as experts to sustain the chloroform
theory. On the stand they not only sup
ported the theory as exT~rts' put ciain'eu
that they had discovered indications OF
chloroform poisoning at the autopsy IL
was therefore of Importance Tor the de-
PENDANT to contradict or impeach the re-
SUIT OF their eNdiiilidtioif
was inconsistent with or contradictory OF
their statements as witnesses.
The defendants counsel attempted TO
do this. but was prevented by ruling in
the court
Was Sacred Confidence.
Judge 'Brien is particularly emphatic
in his criticism of the admission of evil
dence as to a conference between Patrick,
Jones and their joint counsel, Potts. He
held that it was sacred confidence, and
was received under a theory of law
manifestly unsound."
I'm all the records of this court, says
Judge O'Brien, mo case can be found
where a conviction for capital onense
has been sustained in the face OF such
objections as this case presents can see
no reason for making this case an ex-
ception"
Chief Judge Allen in short opinion
concurs with Judge O'Brien for reversal.
but disagrees with him as to several
propositions He says there is limit to
the extent to which errors may be disre-
garded, even in a case where 1t Is thought
the verdict is warranted by the facts. He
says that suicide or an attempt at suicide
is admissible in evidence 1t Is plain that
the confession of Jones was not compe-
tent evidence against Patrick. and there
fore Jones attempt at suicide was equally
incompetent