The Alamogordo news. (Alamogordo, N.M.) 1899-1912, 1906-12-29
w. E. WARREN B BRO.
Druggistsl-t-i4On the Corner.
Sentence COmmuted.

bert 7. Patrick was saved by
Gov. Higgins today from the
death chair, in the shadow Of
which he has stood for nearly
five years. He was convicted in
March, 1902, of the murder of
William Marsh Rice, an aged
Texas millionaire, in New York
City.
In a brief memorandum lay
ing stress upon the dissenting
opinions of the Judges of the
court of appeals, which affirmed
Patrick's conviction by a vote of
four to three the Governor an
nounced he had commuted the
death sentence.
In the memorandum Gov. Hig-
gins calls attention to the fact
that it is not claimed that Pat
rick committed the murder him
self, but that he caused the act
to be done, and that he had been
convicted principally OH the tes-
timony of Charles F. Jones,
Rice's valet, who by his testi-
mony that he murdered his mas
ter while the latter was asleep
at Patrick's instigation purchas-
ed immunity from punishment.
However, Gov. Higgins states,
neither this fact alone nor the
review Of any of the acts already
passed on by the courts, would
seem to warrant interference in
the fulfilment of the penalty i'm
posed, but that because of the
fact that three of the seven
Judges Of the court of appeals
were SO strongly of the opinion
that errors were committed at
the trial which were substantial
ly prejudicial to the rights of
Patrick, he feels the death SEN
tence should not under all the
circumstances be inflicted.
Later in the day the Governor
strongly intimated a doubt of
Patrick's entire sanity, attribut-
ing 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 dis
patch from a New York news
paper to a correspondent in which
it was asserted that Patrick de-
MED having sent the Governor
any appeal for clemency and
would refuse to accept the CON-
mutation and insist upon his
right" to die.
Patrick can not determine
what his punishment shall be-"
said Gov. Higgins. He is mis-
taken if he says he sent ME no
In fact, / have
several; one in particular ask
ing for a pardon. He will have
to be careful or he may find him
self ip Mattewan. The long strain
seems to have been too much for |
him."
In the Governors memoran-
DUN, the following appears:
Albert 7. Patrick has been
convicted of the murder Of Will
liam NJ. Rice and the judgment
Of conviction has been affirmed |
by a divided court.
1t is not claimed that Patrick |
committed the murder in per rsOn
but that he grocured the act to
be done. He has been convicted |
principally on the testimony Of |
Charles F. Jones, who confessed |
he murdered his master while |
he lay asleep, instigated thereto
by Patrick, and Jones, by this
testimony, has purchased his
own immunity from trial or pun
ishment.
Neither this fact alone nor
the review of'any Of the facts
already passed on by the courts
1T some stage of these proceed
ings would seem to me to war.
rant interfering with the iudg-
ment of death pronounced against
the defendant, but three Of the
seven Judges Of. the Court Of Ap-l
peals We're SO strongly Of the
opinion that errors were COM
ct the trial which were
substantially prejudicial to the
rights Of Patrick that | feel that
the death penalty ought not, |
under all the circumstances, TO-
be indicted
In view Of all these and the
grave doubts expressed by these
Judges ! am satisfied that III
nu0hf III ra1sava tIn Hne,r u |