The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-21
PAYRICKRSCAPRSDEAYHCHAR
GOVERNOR COMMITTEES SENTENCE
T0 LIFETMPRISONMENT.

He Does So Because Three OF the Court %
Appeals Judges Held That Errors Were
Committed 40 T~rial-Pstriek Alleged
10 Have Said he Preferred TO Die.
ALBANY, Dec. 2o.-Gov. Higgins to-day
committed to life Imprisonment the sentences
OF Albert t. Patrick. who was convicted of
the murder of William .Marsh Rice. In
announcing his decision the Governor gave
out the following statement:
ALBERT T. Patrick has been convicted
OF the murder of William NJ. Rice and the
judgment Of conviction has been affirmed
by a divided court. 1t is not claimed that
Patrick committed the murder in person.
but that he procured the act to be done. He
has been convicted principally upon the
testimony of Charles +. Jones, who con-
fessed that he murdered his master while he
lay asleep. instigated thereto by Patrick.
and Jones, by this testimony, has purchased
his own lmgunity from trial or punishment.
Neither this fact alone nor the review
OF any question Of fact already passed
upon by the courts at some stage Of these
proceedings would seem to me to warrant
interfering 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 were committed at the trial
which were substantially ~prejudicisl 70
the rights OF Patrick that I feel that the
death penalty ought not under all the dr.
cumstances to be INFLICTED.
"In view Of these facts and the grave
doubts expressed by those Judges, I am
satisfied that 1 ought to relieve the de-
PENDANT from the extreme penalty Of the
law and commute his sentence to imprisop-
ment for life"
Patrick's reported declaration that he
will refuse to accept the Communication
of his sentence to life imprisonment be-
cause he did not ask for IL, did not want IL
and the application had been made with
out his consent was called to Gov. Higgins's
attention. Patrick is alleged to have said
that he preferred to die and that he could
not he forced TO accept a commutation
Patrick must be careful, = said the Cow
eTnor, "or he will he in the Mattea wan
State Hospital for Insane Criminals. He
has been under TOO great a strain and I
understand has almost or quite lost his
head. He cannot determine what his
punishment shall be. The courts and the
law determine that. 1t is a mistake to say
that he did not ask for Executive clemenoy.
| have not only his latest written state
ment, but several others from hi m asking
for a pardon
Gov Higgins will not give out his letters
from Patrick. as he says he cannot see that
any enlighten ment could come from them
TO the public.
PATBICK's WIFE TAKES HIN THE NEWS.
OssININO, n. Y. Dec. 2O.-Albert r.
Patrick's wife carried the news to him this
afternoon that Gov. Higgins has commuted
his sentence. But he will not he officially
notified until Warden Johnson receives tina
necessary papers from Albany tomorrow
morning. Thursday is one of Mrs. Patrick's
regular visiting days and upon her arrival
at the prison she was ushered into the death
house, where she remained for a couple Of
hours. When she finally came out into tho
open air on her way 10 the OssiniDg station,
here she took a train for New York, she
was met by a group of reporters, but refused
10 tell them what Patrick had said when
told of the Governor action.
Patrick, while showing some anxiety ~
" NV httoilA VI tA- appeal To- VII
to feel that Gov. Higgins would take favora-
BILE action in his case. Patrick up to a few
days ago had insisted that he would be con-
tent with nothing short of an absolute par
don. 1t * said that he began his appeal
TO the Governor with the words, In asking
for pardon"
When Official Intelligence of the Govern
or's action hos been received Patrick will
he removed from the death house, where
he has been confined for about four years
and eight months. and placed in the ON
mon prison in the section occupied by
"%Iifers." He will not have to wear strir e..
az the amended law does not require prfon-
ers serving a life sentence to wear any
uniform.
Warden johnson { liked with Patrick
tonight and The latter expressed his dis
satisfaction at the Governors action.
Patrick said that he would continue 10
fight for his freedom, and would be salts
fled with nothing else.
SEWN TIMES TO DEATH.
Albert T. Patrick's fight to escape the
death penalty on the charge OF numbering
William Marsh Rice, the eccentric and rich
old man for whom he was legal adviser.
was perhaps the most determined and
resourceful contest against the law ever
made by a convicted man in this State.
The fight lasted from the date Of Pstriek's
first arrest, in October, 1900. until yester-
day. In hat time a date for execution
OF sentence had been fixed seven times.
The various steps have cost the State per-
haps $3.50 900. and il liz supposed that Pat
rick's friends spent that mach TO save
him from going to the electric chair. Pat
rick's courage and determination and his
ability in handling his case aroused
interest in the public mind
William Marsh Rice had accumulated
a large fortune in Texas before he came
to this city, but he had lived here the lisc
Of a ~reoluse, and there was general surprise
when it was learned after his death that
his estate was worth about 81. OO0, goo. He
lived at 800 Madison avenue, with only one
or two attendants; Charles r. Jones, his
valet. who acted also as private secretary.
practically taking care Of the old man.
Patrick vas still in Texas when he was
first pmclCve1 "a Rica'a coY,paal He