The San Francisco call., 1905-06-10
PATRICK'S LAST
HOPE VAN|SHES
Higher Court Declares New
York Lawyer Guilty of
Murder of Millionaire
CONSPIRES WITH VALET
Must Pay Penalty for Taking
Life of William Rice of
Texas to Get His Money

ALBANY, n. Y. June e.-The Court of
Appeals to-day, voting four to three,
sustained the lower court in sdjudging
Albert 7. Patrick, the New York lawyer,
guilty OF murder in the first degree, in
causing the death OF William Marsh Rice,
an aged millionaire, formerly a resident
OF Texas.
On April Z, 1902. Patrick was convicted
on an indictment charging him with the
murder Of Rice by chloroform and mer-
curry administered TO him during his sick
ness on September g, 1900. The case
resched the Court Of Appeals on March
"A OF this year when David B. Hill, who
appeared for the appellant, based his
argument for q reversal mainly on the
contention that the condition Of Rice's
body, revealed by the postmortem exsmi-
nation, might have been caused by fluids
used in embalming.
The prevailing opinion is by Judge
Gray, with whom Judges Bartlett, Ha1ght
and Warner concur. There is a dissent
ing opinion by Judge O'Brien, Chief Judge
Cullen and Judge Vann concurring- Chief
Judge Cullen also filed memorandum.
Patrick has succeeded in postponing the
ultimate decision Of his fate for over three
years by a display Of acumen and re-
sourcefulness that has excited the wonder
OF the members Of the bar and the public
at large. The opinion of the court, writ
ten by Judge Gray, is very exhaustive,
reviewing the formidable record in every
detail and containing upwards OF 5000
words
Judge Gray sets forth that the theory
Of the people was that the defendant had
conspired with Charles F. Jones, the
valet, or as sometimes called, the secre-
tary OF Rice, TO kill Rice and that the
defendant also secured Jones to admin
lister chloroform TO him while he was
asleep, in the accomplishment OF their
Joint purpose This purpose, they say.
was the desire TO obtain possession Of
Rice's estate through a viii in favor Of
the defendant and through various trans
fers 70 him Of properties all purpOrdng
70 have been executed by Rice, but which
had in fact been forged by the defendant
with Jones aid.
The defense is based upon a denial that
kice's death was effected by violent
means or that 1t was caused by the de-
fendant and the proposition is advanced
that the forgeries were not brought home
70 the defendant or, If the evidence war
ranted the finding that they were, that
that fact did not necessarily fasten upon
him a criminal agency IN the murder
II was not claimed that Patrick per-
sonauy committed the murder. for the
prosecution had the voluntary confession
OF Jones that it was he who did il, in
6Uced and aided thereto by Patrick, but
the defendant was principal in the COM
mission Of the crime under the law IL he
aided and abetted IL, whether present or
absent, or If he. directly or indirectly
-counseled, commanded. induced or pro-
cured" another to commit il. After re-
view Of the evidence the opinion con-
tinues:
The jury might well find upon the evi-
dence that the death was not the result
Of natural causes and that it was due to
some criminal agency. They could well
conclude that the autopsy disclosed no
natural cause for the death and that in
the light Of the medical opinions IL could
only be accounted for as having hap
pened in the way testified to by Jones;
that is, by chloroform poisoning, admin
istered while the victim was sleeping.
The physicians who assisted at the
autopsy testified to physical conditions
making q natural death incredible. II
was for the jury TO say whether the
facts and their opinions, with that of Pro-
fessor Witthaus, satisfactorily accounted
for a death by chloroform poisoning.
The finding Of mercury in the body
corroborated Jones story as to his hav-
ing given mercurial poison to the de-
ceased TO weaken his system"