The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-05-24
HOUSE NOT 10 DISCLOSE n.
WHtrFvER PlTRfCk rOfD INV
RFUuSs rHEtR SErRET.
W. Jerome Remashs ira, the ffW,h CoBl,t
~ Gos ar Pa,rtch wsuia csHsens and
Mr. Oicott taIia ~ Q GraBd stand PtaJ
Dprislen aa ~ SeW Trsei Reserved.

Viz, OieOW tatta W 2 VPaHd staWu PTet
Der,aen as ~ SeW TSssi Reserved.
whether lawyer Frederick n House
should or should not 10 allowed ca tell Of
an alleged confession made by Albert Y.
Patrick In the Tolnbs came up again yes
terday and resilted In a tilt between Dis
trict Attorney Jerome and W. NJ X. Olcott.
counsel for Patrick. II was the lnalbi of
fireworks In Patriok's fourth attempt tn
an We himself from the electric chair. The
hearing on Patrick's motion for a new trial
on new evidence was concluded, and Re-
oorder Col announced that he will give
his decision az soon ~ possible. Both the
District Attorney and Mr.. Olcott have until
Friday to submit briefs.
Before the hearing vas finished Mr..
Olcott made two applications. He frst asked
to be allowed to recall Dr. Biggs, one Of
his experts. to refute the testimony Of ex-
perts for The prosecution, and then he pro-
posed hat the Court order an autopsy
on q body for the purpose of determining
whether embalming fluid could reach h
lungs when injected through the brachial
artery. MIR. Olcott wanted the autopsy
made in the pre- sence Of experts for both
sides and a report on II made to the Court.
Mr.. Jerome opposed both the motions
LII liz NH 4 Va e
Jerome brought up the confession both
Charles F. Jones and Patrick are said to
nave made to Lawyer House after their
arrest for the murder of william Marsh
Rice. Mr.. Jerome has tried to get Patrick
to waive the privilege of a communication
between client and counsel 30 that Lawyer
House could testify, but Patrick has not
indicated whether he wanted to or not.
For four years" said Mr.. Jerome, Pat
rick has sat in the shadow OF death while
every procedure known to the law has been
employed by his counsel to stop the progress
of justice, and all this time the defendants
own lips have been sealed. There Is and
has been for several years In this city a man
who, il his lips were not sealed, would tell
the whole miserable story Of Rioe's murder
presence Of Patrick, in the Tombs. I refer
to Lawyer Fred House. who was counsel for
Patrick and Jones, and ask at this time IL
the defence will unseal his lips by waving
professional privilege and allow him to
come here and tell his story.
The chief witness against Patrick was
Jones, and il it could be shown afirma-
lively that he had lied In any of his testi-
mony at the trial Patrick should be granted
a new trial and allowed to go free. This
has not been shown, and Mr.. House could
clear up the whole matter IL his lips were
unsealed; but the defence has persistently
refused to waive the pr vilege.'
Mr.. Oloott tried to interrupt Mr.. Jerome
and finally succeeded.
Il call this a miserable grand stand play
on the part Of the District Attorney said
ldr. Olcott.
Am l to beaddressed that way in court?'
demanded Mr.. Jerome.
Recorder Golf made no move. Mr.. Oloott
said that he believed that Mr.. Jerome's
moAion was not made in good faith and was
calculated to prejudice Patrick's interests.
The Recorder replied that there was no jury
and that he himself did not apprehend any
danger to his judgment.
You got my goat, = said Mr.. Olcott TO
Mr.. jerome outside of the our room.
THE truth does CRATE some when 1t is
heard, said Mr.. jerome with q smile. There
is no prospect Of Patrick letting Mr.. House
testify on the subject.