New-York tribune., 1906-12-21

ALBERT T PATRICK
Whose death sentence coInmuted life i'm
prisonment by Governor Higgins yesterday
of Appeals, which affirmed Patrlck's conviction
by vote of TO g. the governor at noon an
ncunced that he had commuted the death SEN
tence to Imprisonment for life. Later in the
day the Governor strongly intimated a doubt of
Patrick's entire sanity. attribIting his mental
state to the strain under which the condemned
lawyer had labored all these years in the death
cell at Sing Sing.
dispatch from a New York newspaper to
correspondent in which IT was asserted that
Patrick denied having sent the Governor any
appeal for clemency. would refuse to accept the
communication. and insist upon his right to die"
shown to Governor Higgins.
Mr.. Patrick cannot determine what his pun
ishment shall be-" said the Governor. He is
mistaken if he says he sent me no application.
In fact, 1 have several; one in particular asking
for a pardon He viii have to be careful. or he
may find himself in Matteawan. The long strain
seems to have been too much for him" The
State Hospital for Insane Criminals is at Mat
teawan.
The Governor said he had nothing further TO
say as to his reasons for committing the sen
tence; there was nothing further for him to
consider. he said.
Higgins issued the following memorandum
Albert T Patrick has been convicted OF the
murder Of William NJ. Rice and the judgment
of conviction has been affirmed by divided
court. 1t is not claimed that Patrick committed
the murder in person but that he procured the
act to be done. He has been convicted pr1nc1-
pally upon the testimony Of Charles F. Jones.
who confessed that he murdered his master
while he lay asleep, tnstigated thereto by Pat
rick, and Jones by this testimony has purchased
his own Immunity from trial or punishment.
of the facts already passed upon by the courts
at some stage OF these proceedings, would seem
to me TO warrant interfering with the Judgment
Of death pronounced against the defendant; but
three of the seven judges of the Court Of Ap-
peals were so strongly Of the opinion that errors
were committed at the trial which were sub
stantially prejudicial 20 the rights of Patrick
that I feel that the death penalty ought not.
under all the circumstances. to be inflicted
In view of these facts and the grave doubts
expressed by these judges, 1 am satisfied that 1
ought 10 relieve the defendant from the extreme
0e1aItv ~ the law and commute his sentence
to Imprisonment for life
While Patrick not officially Informed Of ths
communication at Ossning yesterday. ne learned of
II through his wife who hastened 10 tell him the
good news Mrs. Patrick talked TO her husband for
an hour and from frequent laughter the keepers
believed that Patrick was happier than in years.
After leaving the prison Mrs. Patrick returned TO
this city Although requested to talk about future
action Mrs Patrick refused to do
Patrick told his keepers that he did not want
communication Of sentence, but either pardon or the
maximum penalty. Despite this talk however It
is believed that he has speculated Just the 40
ton Governor Higgins has taken. Patrick asked
Warden Johnson some time ago what work he
would have to do If his sentence commuted.
When the official papers arrive at the prison TO-
day Patrick will be transferred 10 the main part
of the prison. and will probably be put at work IN
the sash and door factory. His will cease
with the change. and he will hereafter be known
only by a number. He will be allowed 10 wear
black clothes.
1t is expected that Patrick will begin an
other fight for freedom. this time with the know
ledge that his life Is out Of danger. The first step.
1t is believed, will be application for a writ Of
habeas corpus. made in the United States courts
and directed against Warden Johnson. Johnson, in
that event would have TO show cause why he
should not release Patrick Making the warden
the defendant would be only a technicality, the
Attorney General and District Attorney Jerome
would have TO defend the action New evidence is
said to be in the hands of Patrick's counsel which
may tend throw light on the various testi-
monies given by Jones. the valet
There is a possibility that Patrick may be brought
to this city next week as a witness in the
trials of David L. Short, commissioner OF deeds,
and Morris Mayer, a lawyer in Patrtck's Office, who
were indicted shortly after Patrick's conviction.
Indictments were found against them on counts Of
forgery in connection with the 1896 will OF William
Marsh Rice afterward declared void,
Ny Jerome and his assistants would com
ment on the action OF Governor Higgins yesterday.
II is said the ordinary course is for Governor
to inform the District Attorney when such action
IS taken but IT is believed that such action
not taken in this case. Ex-Judge William NJ K.
Olcott Patricks counsel, would not talk about the
last night
The case against Patrick is in many respects
UNPARALLELED 1t is doubtful II a convicted man.
himself an able lawyer. has taken irnpor-
tant part in the conduct Of his own case. VIII
lam Marsh Rice died September IS 1900 and
Patrick and Jones arrested on October /
Al trfaI
having turned states evidence. and convicted
on March n 1902. Since that time date for his
electrocution has been set times, and he ~
given the state the hardest battle in its legal
history 10 carry the sentence Nearly a score
OF murdereTs have been put 10 death at Sing Stag
since Patrick was first taken there II is esti-
mated that the cost OF the to the state and
10 himself has been I'm the neghborhood OF $500 900
The case. one technicality and another, ras
been fought through all the ~ tha state
and up 10 the United states Supreme Court. Il
was never actually heard by that tribunal. but
notice mad been entered OF application there for
4 review OF the case This application vas with
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