New-York tribune., 1906-06-12

A decision denying a new tlal 1or AIpSsrt L.
Patrick was handed down by Recorder Con- IN
the Court of General Sessions yesterday. Pat
rick has been in the death house at Sing Sing
more than four years. his execution having been
postponed several times by the courts and the
Governor and is now under sentence TO die
next Monday for the murder Of William Marsh
Rice.
Counsel for Patrick have prepared papers IN
an application 10 the United States Supreme
Court for q writ Of error. If the application is
granted II will mean another indefinite reprieve
for the condemned man. but If Il fails Patrick
may be put to death in the electric chair next
Monday AS a last resource, It is believed, an
application 10 the Governor for a Communication
Of the death sentence VIII be made. A petition
20 the Governor. signed by several hundred well
known men and women is already IN the hands
OF Patricks counsel.
Recorder COZ beg.4Is his long decision in the
Patrick case as follows:
when on the 10th day Of June, 1901, the defendant
interposed a plea Of not guilty 10 the indictment
Charging him with the murder Of William NJ. Rice,
he thereby demanded his CONSTITUTIONAL right of
trial before judge and jury OF az quesuons so o.
he had before jury Of his own choosing, and
availed himself of his further constitutional right
by remaining silent and compelling the prosecution
able doubt When this was done and his guilt de-
clared by the verdict OF the Jury, the law IN its
stayed the execution Of the sentence until his trial
should be reviewed on The law and the facts be-
view the majority Of that court speaking by Gray.
"A careful reading OF this record and a grave
a consideration OF the matters Of proof have con-
and that there is no warrant for nor do the inter
ests OF Justice demand, our interference with the
judgment / see occasion for the exercise in
this case OF the broad power conferred by the state
vietion and to grant new trial on the Indictment
rononnoes , Ugep % +Ser years since Judgment was
period ne has. through the most skilful and re-
their profession. suspended its execution and now
Ior me second time since that judgment he seeks
ne osRGSeS tRs Of By the verdict Of the jury For
t.on or canss Snos oe confined TO the specific ques-
Is as no trial had ever been had and dsoss poS ~
- s II can every fact, detail and circumstance necas
tate IN the siSeSt' This however not mill
b' the relief Ae asks If on exainsttonu u1 ne
sumption thst on q - tI5ses a reasonable pre-
jury would be different 1i 'He verdict OF the
h The Recorder discusses the a,le,,s5
oehoe Tor Patrick recently given bagora -
aay1is IL was intended TO prove. first thar ef,oa
me ltlI OF Patrick the chief witness agp,rst
-. Onarles +. Jones, has told people in Tera.
Dc nc nae hothng to do with the killing of Mr.
49,, ~ Ii@u peTJured himself in laying the
OlAfIle on Patrick in order TO frea bfr,soIs -
Onu' that the enbalming fluid injected ,-+o
MI Hlces body made it impossible to deter,ri,,s
py an autopsy If Mr. Rices death 1,,as a.
"iifoioiorI All the evidence presented =, -
80 'ie fOeooruer says. so far as it relates IN
anu no new jury could, by any new
NiS5oFery OF moral turpitude. have rooro oor,,
- eilsi'e knowledge OF measure OF the rro1,+,.
oi FaIue Of Jones's testimony than tra -.
which delivered the verdict
IL sci aside the verdict Of a t,r-,, and .ho
soleilln judgment OF court on such tes+,T,o.,,
Ou1u' III my opinion be an abuse or 5,,d,o,a,
- 11oI ana d perversion rather than \ nro
-ioeloh OF Justice" the Recorder saws
iHe recorder says that the experinoan+s 70
SNOW The effects Of ernbalrnine e,,i7o -
worthless, adding:
The conclusion is frresis+fr,la .r, 81,
sdenls were not conducted for fbe Tae ne expert
9Ice mat the interests involved yyera Ss ~ pure
were to5 D33llecuve; and that the results caimeS
the 6is,5. u lle ooTnlnaLcy OF prepossesston II
GtscoFeTy and demonstration Of tr1tb ~ ~, "a
},, aio aValls itself Of the liFht aqrordad
tttabshed rules for tha rnainta1 Iioestlsy OF IT'S
'-i9t De assaied by theories and snecife ti
,3D-e1 upon experiments thar are pefibor Ssj
I've nor conclusive and thar came. he oeiIlI-
critical science 0' Oe approved by
On no one Of the grounds urged in tbe mn
ton'" the Recorder says in closing &c ,hano
sufficient cause 10 grant a new trial and .ta.o
1ore il is denied" '' anu IiIere-
EH-Senator William Lindsay viii act &C co,,,
81 tor Patr1ck to-day in applying Ia ona 90 81
yUe-ceS 'S oi the United States Supreme Cont Tor
" WIZ OF error. The application viii aiIcoa
errors in the trial OF Patrick ,rbirb i a-isse *
@ Ills Illt ana liberty in contraventioD Of M 60
sllluuoh OF the United States If the s,rf+ =.
stahIea' II VIII act stay Of exacUto,7 ,,,,.tI
i.e org u'leht is heard before the United States
.,upteihe court some time next fan and I,ntiI
the court gives q decision o--@ Until