The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-21
PATR|CK'S LIFE IS
SAVED BY GOVERNOR
Five Years in Shadow of the
Death Chair
INSANITY Is INTIMATED
Lawyer Convicted of Murder of Rice.
an Aged Millionaire, Will Con-
tlnue His Unparalleled
Legal Fight.

Albany y. Y, December 20.-Albert 7.
Patrick was saved by Governor Higgins
today from the death chair in the shadow
OF which he has stood for nearly five
years. lie was convicted in March. 1902.
of the murder of William Marsh Rice
an aged New York city millionaire.
In a brief memorandum laying stress
upon the dissenting opinions of the Judges
of the court of appeals which affirmed
Patrick's conviction by vote of four to
three, the governor announced he had
commuted the death sentence Later in
the day the governor strongly intimated
q doubt of Patrick's entire sanity, at
tributing his mental state to the strain
under which the condemned lawyer has
labored all these years in the death cell
at Sing Sing.
The governor was shown a dispatch
from a New York newspaper To a cor-
respondent, 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"
Patrick cannot determine what his
punishment shall be- said Governor IIis-
gins. HE is mistaken if he says he sent
nae no application. In fact, I have sev-
eral; one in particular asking for a par
don. He will have to be careful or he
may find himself in Matteawan. The long
strain seems to have been too much for
him."
Governors Memorandum,
In announcing the Communication Cover
nor Higgins issued the following men,
orandum:
ALBERT 7. 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 per-
son, but that he procured the act 10
be done. He has been convicted prinei-
pally on testimony of Charles +. Jones'
who confessed that he murdered his mas
ter while he lay asleep. instigated there
to by Patrick, and Jones, by this testi-
mony, has purchased his own Immunity
from trial or punishment.
Neither this fact alone or the review
of any of the facts already passed ON
ny the court at some stage of these pro-
ceedinGs would seem to me to warrant In
terfering with the judgment of death.
pronounced against the defendant but
three OF the seven judges of the court of
appeals were SO strongly Of the opinion
that errors We're committed at the trial
which were substantially prejudicial to
the right of Patrick that ! feel that the
death penalty ought not. under all the
circumstances. to be inflicted
I'm view of all these and the grave
doubts expressed by these judges, | am
satisfied that | ought to relieve the de-
PENDANT from the extreme penalty of the
law and commute his sentence to impris-
onment for life."
Unparalleled Case.
The case of Albert r. Patrick is In
many respects unparalleled. It is doubt
ful II ever before a convicted man has
played so large n part in the conduct of
MS own case, even turning his narrow
quarters in the death cell" Of a state
prison practically r. 3 law office. Rice
died September %, iSGc. Patrick and Jones
were arrested October L. Jones at first
declared that Patrick himself had chloro
formed Rice. but in other confessions.
which varied materially he said he killed
his master at Patrick's instigation. This
statement was the principal evidence to
sustain the murder charge against Pat
TICK Jones was never tried either as a
principal or as an accomplice; he was re-
leased and is said to be living in Texas.
Patrick was convicted March q. 1902.
and sentenced to death. Since then his
fight has been continuous. In every court
In the state open to him he has made his
appeal, but always In vain Patrick's
John r. Mfllil<en of ST.
Louis, Is said to have financed his battle
at great cost. 1t Is known here that Pat
rick intends to continue his efforts to es-
ia blish his innocence.