Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-21
PATRICK NOT CONTENT
Says Acceptance of CIemency
Means Admission of Guilt.
STILL SEEKS INDICATION
Application for Writ of Habeas Corpus
Next Move.
GOVERNOR rs ASTONISHED
Brands as False the Prisoners State
ment That Pardon Was Not Asked
Dramatic Scene in Cell.

SING SING, December 21.-'I am either
| innocent or l am guilty.
Il refuse to accept Governor Higgins
| Communication of my sentence to life impris-
| onment. l have prepared protest against
| it. l believe that. to certain extent.
its acceptance. by me, would be an admis-
| sion of my guilt. propose to continue my
fight for freedom
| That was the statement with which AL
| bert L. Patrick last evening confronted
! Warden Johnson of Sing Sing prison, who
| took the news to him that his death SEN
| tence had been COMMITTED to life imprison-
| ment.
Instead of being grateful for escaping the
| electric chair for the murder of William
| Marsh Rice the millionaire recluse, Patrick
declared that he was more determined than
ever to win vindieation and liberty.
When Governor Higgins, at Albany, who,
only few hours before, had committed
Patricks sentence, the American had
predicted he would, heard of the prisoners
statement, he was astonished and eX
claimed:
Patrick will have to be careful or he
will be in Matteawan He has lost his head
in this matter. 1t has been too much of
strain.
Patrick cannot alter his punishment.
The law and the courts determined that.
The statement that Patrick did not ask
for pardon is false. i have several state
ments from him. one especially, that l re-
| call, in which he asks for full pardon.
No one has to ask for a pardon or for
Communication of sentence. The governor
can take such action without any appica-
ton having been made
While Governor Higgins was speaking he
appeared to he very much wrought up over
the turn that affairs had taken.
Wife Also Dissatisfied.
Expressing the same sentiments as did
her husband, Mrs. Patrick, who hurried to
Sing Sing, said:
Il am by no means satisfied. This is only
the first step in my husbands journey to
freedom. l had hoped for something better.
1 know that my husband is innocent, and
we will not rest until we secure his free
dom. The courts have done him a great
wrong, and this must be repaired before I
shall rest content. los.
John T. Miliken of St. Louis, the mill
lionaire brother-in-law of Patrick who has
betrayed the expenses of the prisoners re-
| markable fight for life, is credited with
saying that he will now spend twice
many thousands in continuing the fight.
1t is understood that private detectives
employed by Mr.. Milliken are on the trail
of Charles F. Jones, the valet, whose word
could free Patrick. and that it was because
of certain information said to have been
given to the governor concerning Valet
Jones that the sentence was committed.
To Ask Habeas Corpus Writ.
Patrick's first step after his protest to
the warden following the receipt of the
governors action will be to ask for writ
of habeas corpus. The application will be
| made to the United States court. and War
den johnson will be cited to show cause
why he detains Patrick a prisoner. The
making of Warden johnson q defendant to
the proceeding is only a technicalty, as the
attorney general and the district attorney
will have to defend the issue. This will be
| the first move in Patrick's new fight for his
| freedom.
Warden Johnson will not take Patrick
from the death house until today, when he
receives the official word from the gov
ernor The Communication papers were mailed
| in Albany late yesterday afternoon, and
| they will probably reach Sing Sing in the
| first mail today.
| Patrick will be taken from his solitary
| confinement Immediately upon their re-
ceipt
| He will be placed at work in either the
cabinet or carpenter shop. Owing to the
prisoners weakened condition because of
| his four years and eight months solitary
confinement, during which time he was con-
tinually working his brains to defeat the
electric chair. the warden will give him
some light work to do-possibly clerical
work.
The scene between Patrick and the war
| den was dramatic. Patrick said:
Il am not satisfied and will not accept
Communication of sentence. l shall fight this
act with every resource and with every bit
of power l possess. 1t is unjust. 1t was
done without my consent or application. l
| did not ask for it. l would rather die than
stand before the world murderer.
They cannot make accept this if
| do not want to. Either 1 am guilty of kill
| ing Rice, and / should be electrocuted or
am innocent and 1 should be given my free
DOM
Didn't Take It as Good News
Following that remarkable outburst from
Patrick, which delivered with vehe-
mence and passion, the warden walked into
his Office and to an American reporter said:
Patrick seems to be absolutely sincere.
l could not calm him. Had he been con-
| demned to death he could not have acted
| in more despairing manner. He did not
seem to regard what 1 told him as good
| news, but rather that as the worst possible