The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-06-16

NaY W That yeaf, The cgiHta f0g Which
h. eas tried eaa me- klnihu N WfbhfAa
" ffef, = fieh iHgalid wrN Nfvanrrd IN
vpars whg dled Mtdi~Hlv on September
~ iWn IN hts apartment IN ME clty
PttAtcN had hren Ries ? LEGAL advlaet
for nina months before his drHth. ahd
IN that time hts silent MA alleapt ~ have
nade n viii In the laeyer's favuf snd
~ havs transferred NE entlgu estate,
afnnuntiHa Nv w. tnO ON. Nv him Theas
transactions rendered void q will drawn
In lsps nv whlch the greater part ~ N"
estate VS. left Nv found ths Hlcr Memo'
rial Institute In Houston, fes This
ell waa aNerwssd upheld, Tho Patrick
will belne pfonounced . forgery
In The variouA attempts w ct RicR's
for,una PatRfcR hal The asrlsiance ~
hls clients servant. q. y JoSss, and In
Tho Investigations ~ the alleaei for
acries Information vac brought " HIGHT
that caused The authorities IN suspect
murder. JOKES WA arrested and ma'ie
several confessions, hla final story being
that under PATRtcE's direction and urR-
Ing he had killed RIGS by making him
Inhale chloruform A. he slept. II " q
toSEs's testimony that convicted PAT
RtcR JOINS has now disappeared.
The condemned man was taken n
Sing Sing On ths day eentence wa
pronounced and was locked up In tho
death house. On the day oi his sentence
application for q new trial was made by
his counsel and denied by the court.
An appeal was taken from the conviction
for murder, and a stay Of execution was
obtained pending tho decision Of the
Court Of Appeals. In November, 1909,
application for another trial on the
ground Of newly discovered evidence
was made to Recorder GoPF. In Febru-
airy, 1909, 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 GoFB
denied the motion for a new trial.
The Court Of Appeals heard the argyll
ments In the Patrick appeal In March,
1905, and PATRICK was taken from Sing
Sing to Albany, In custody, to be pres
ent during the proceedings. On June 0,
1905, the court, by a divided bench Of
four to three, sustained the verdict Of
the trial court. 1t was thought by
some that PATRICK had played his last
legal card and, failing executive Glenn
ency, must die. Immediately after the
Court Of Appeals announced its decision
PATR1CK'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 IA. PATRIoK's execution was set
for the week beginning August 7.
The motion for a reargument was
then made and acted as a stay Of exc
cution, and on October 20 the Court Of
Appeals decided 1t adversely to PATRICK.
1t now became necessary to resentence
the convicted man, and or December S
OF last year he was brought to this city
and arraigned before Justice RoGERs OF
the Supreme Court. PATRICK made a
dramatic appeal to the court, but the
Justice sentenced him to execution In the
week Of January 20, this year.
Immediately after PATRICK was re-
sentenced a movement was started to
obtain for him executive clemency. A
petition praying for the Communication
of his sentence to life imprisonment
was signed by a number Of well known
and respected men. This petition was
presented to Governor HIGGINS on jan
uary s. The Governor did not COM
mute the sentence, but January Is, on
representations that important new evil
dence had been discovered, he granted
a reprieve putting of the execution from
the time set by Justice ROGERS to the
week Of March 10.
On January 81 the papers in the ap-
plication for a new trial were sent to
the District Attorney. The application
came up before Recorder GoFF, though
he wished to avoid passing on the case
again. The developments before him
were most sensational. One Texas wit
for perjury, others were discredited,
and his whole cas- went to pieces. 1t
soon became evident that q decision
could not be reached before the date
set for the execution, and on March 70
the Governor granted another reprieve,
postponing the execution until the week
of May IS. Even this did not cover the
delays experienced in court, and on May
IA the Governor issued still another re-
pr'1ve, putting of the execution OF the
sentence until next week.
On Monday Of this week, June II, Re-
corder GoFF announced his decision on
the application for a new trial, denying
the motion. On Tuesday Mr.. Justice
DAY Of the United States Supreme Court
was appealed to at his home in Canton,
Ohio, by attorneys for PATRICK, for a
writ of error and stay OF execution, on
the ground that he had been deprived
OF his constitutional rights. This writ
and stay were granted. PATRICK will be
under the protection OF the Supreme
Court OF the United States until his APP
peal to it is decided. The court is now
in recess and will not sit until the first
Monday In October. AT It's last term
the court reached cases within eleven
months Of the date OF their filing.