Every evening, Wilmington daily commercial., 1906-06-18


transactions rendered void a will drawn
in 1896 by which the greater part of the
estate was left to found the Rice Memo
rial Institute in Houston, Texas. This
will was afterward upheld, the Patrick
will being pronounced a forgery.
In the various attempts to get Rice's
fortune Patrick had the assistance Of
his clients servant, c. Z. Jones, and in
the investigations Of the alleged forgeries
information was brought to light that
caused the authorities to suspect murder
Jones was arrested and made several
confessions his final story being that
under Patricks direction and urging
he had killed Rice by making him in
halo chloroform as he slept. It was
Jones' testimony that convicted Patrick.
Jones has now disappeared.
The condemned man was taken to
Sing Sing on the day sentence was pro-
nounced and was locked up in the death
house. On the day Of his sentence ap-
plication for a new trial was made by
his counsel and denied by the court
An appeal was taken from the conviction
for murder, and stay Of execution was
obtained pending the decision Of the
Court Of Appeals. In November, 1902,
application for another trial on the
ground Of newly discovered evidence
was made 10 Recorder Gofi. In Febru-
ary 1908, the Court of Appeals granted
a motion for an extension Of time in
which to bring forward Patrick's appeal.
In the following March Recorder Goff
denied the motion for a new trial.
The Court Of Appeals heard the argu-
ments in the Patrick appeal in March,
1905, and Patrick was taken from Sing
Sing TO Albany, in custody, TO be present
during the proceedings On June 9th,
1905, the court, by divided bench Of
four to three, sustained the verdict Of
the trial court. IL was thought by
some that Patrick had played his last
legal card and, failing executive clem-
ency, must die. Immediately after the
Court Of Appeals announced its decision
Patriok's counsel appeared before it and
asked for a stay Of execution to give time
for the preparation of a motion for re-
argument. This application was denied
on June l4th. Patrioks execution was
set for the week beginning August 9TH.
The motion for reargument wa.
then made and acted as stay of exc.
cution, and on October 2Sth the Court OF
Appeals decided il adversely to Patrick
10 now became necessary to resentenc,
the convicted man, and on December 5tl
of last year he was brought to this cit,
and arraigned before Justice Rogers q
the Supreme Court. Patrick made ,
dramatic appeal TO the court but IN,
justice sentenced him to execution in tn,
week Of January 22d of this year.
/ Immediately after Patrick was re-
sentenced a movement was started {,
obtain for him executive clemency.
petition praying for the commutatioi
of his sentence to life Imprisonment
was signed by number of woll-knowi
and respected men. This petition wa
presented TO Governor Higgins on Janu
AIRY 9Th. The governor did not com
muto the sentence but January 10Th. ol
representations that important new evi
} dcnce had been discovered, he granite,
, a reprieve putting of the execution from
p the time set by Justice Rogers to tn
/ week Of March 10th
j On January Slst the papers in the an
plication for new trial were sent 4
, the district attorney. The application
r came up before Recorder Gof. thoug
he wished to avoid passing on the cas-
again. The developments before hin
5 were most sensational. One Texas Wit
D ness for Patrick was sent to Sing Sin
h for perjury, others were disorediteo
s and his whole case went 10 pieces. ]
s soon became evident that decisio
+ could not be reached before the date Sc
}, for the execution, and on March l2t
S the governor granted another repriev,
{ posiponing the execution until the wee
+ OF May 18th Even this did not cover n
r delays experienced in court. and on Ma
y l4th the governor issued still another r,
prieve, putting on the execution of III
sentence until next week
e On Monday, June nth. Record,
p Gof announced his decision on the Al
3 plication for a new trial, denying n
j. motion. On Tuesday Mr. Justice Da
n of the United States Supreme Cou
p was appealed TO AT his home in Cantor
lt Ohio, by attorneys for Patrick. for
g writ Of error and stay of execution. O
IS the ground that he had been deprive
Of his constitutional rights. This VT
and stay were granted. Patrick viii I
.e under the protection of the Supreu
h Court OF the United States until his anne
'i 70 it is decided. The court is now
IS recess and viii not sit until the fir
y Monday in October. Al its last ter
"a the court reached cases within eleve
e months Of the date Of their filing.
g While these interesting proceeding
q afford ample evidence OF what Shak
speare, centuries ago, styled "the Law