New-York tribune., 1906-09-21
PATRICK PETITION IN.
One Signed by $500 Physicians Asks
GOCernOr for Commission.

Albany. Sept. 20.-Nearly thirty five hundred ply
sicians Of the state. representing 55l cities and
towns. and including OF the best known in
the profession. are sgners OF a petition presented
10 Governor Higgins this afternoon in behalf OF
Albert T. Patrick. the New York lawyer. con-
victed and under sentence OF death since 1901 for
the alleged murder of William Marsh Rice in Sep
tember 1900. The petition says;
The conclusions Of the experts who testified on
the motion are quite az variance and the quesuohs
are novel as wei as grave snG I'm per efenSant 10
and therefore should be justly solved. To this enc,
sion Composed OF disinterested experts selected
from the medical profession. 20 examine impartlaly
into the questions az issue and report their & nndI
mss at early date as possible and thus ayold
well 10 get a fnal and just solution OF the
question
The main medical question involved. vital In the
conviction Of Patrick is whether the congestion OF
the lungs. alleged 10 have been found in the au-
topsy on Rice's body could have been caused by
embalming fluid, or must be the result OF chloro-
form with which Jones. Rice's valet. in one Of his
several contradictory confessions. said ne had
killed the aged man by Patricks direction.
The petition presented by +. G. Logan, or
e1,icaeo business partner OF John T. Miiken.
whose wife Is Patrick's sister. and Samuel B.
Thomas. OF New York, Of counsel for Patrick
Governor Higgins received Messrs. Logan and
Thomas IN his private Office behind closed DOORS
their conversation with the Governor leaving II to
him 10 make the matter public. After they had
gore the Governor explained the nature OF their
application. and said:
I told these gentlemen that i knew OF no au-
fhortty vested in me by which / could appoint the
commission for which they asked nor OF any
Jurisdiction my part over the in the abb
sence OF a definite application for pardon or ex-
ecutive clemency. They 20 file with me refer
enceS 20 the law upon which they RELY IN asking
for this medical commission, and intfmated that
they might ma ke application for a pardon or other
form OF clemency In Of the failure OF the
Vending application for admission OF the case 10
Tho United States Supreme Court.
This is a OF very great Importance. involv-
ing issues beyond the simple question one man q
life and must have the various legal aspects of N
carefully examined before can tell what are NV
power and my duty.
The signers OF the petition include $50 physician.
OF .xew York. 32i Of Brooklyn ia OF Buffalo 75
OF Rochester. 81 OF Syracuse. ls OF Albany 20 OF
Elnira 80 OF Troy and Is Of Binghamton Thera
are four from Olean the home town OF GoverrS,y
Higgins DIR. Thomas said the request for sigma
tures had not been sent 20 the physicians of the
state until the second week in July. and Up 20 date
nearly thrty-six hundred had returned their sigma
Ives while more were arriving IN every mail
Only four physicians Mr.. Thomss said. and ole OF
fnena Was Indirectly connected with the case had
returned the petition with refusal 10 sign. With the
Dettion were nlec about two hundred and nifty let
fers from prominent physicians several Of than
addressed 20 the Governor. ana sent through Mr.
Thomas reinforcing the formal petition