The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-21

have certified at banks some checks dated
the previous Saturday and signed William
M. Rice" Two of these checks were ac-
fiIally certified, but one for SIS. 600 caused
suspicion when il was presented to Swenson
d Son of IS Wall street. The Rice signature
was declared a forgery and Patrick and
Jones were arrested on a forgery charge.
Previously what ~purported to be Mr.
RIces last will, making Patrick residuary
iegatee, had been made public. Mr.. Rice
had executed a will in 1895, leaving the
bulk of his fortune to the William Rice
Institute for the Advancement OF Science,
Art and Literature in Texas. Mr.. Rice had
founded the institute in 1891. This will was
afterward upheld, the Patrick VIII beng
pronounced a forgery.
Both Patrick and Rice were arrested or
q murder charge in April, lSOl. Patrick
was convicted OF murder In the hrst degree
by a jury in the Court Of General Sessions
Recorder GoI presiding, or March 20, 1902
and was sentenced on April 3 to be put
to death in the week beginning May 5 OF
that year. Jones made a confession IN
which he said that under Patrick urging
he had killed Rice by making, the ola man
inhale chloroform while he slept. 1t was
Jones's testimony that convicted Patnck'
Afterward Jones disappeared.
The condemned man was taken TO sing
Sing ON the day sentence was pronounced
ana locked I'D Ill the ueutn lOubts Oh Sho
day of his sentence application for a new
trial was made 10y his counsel ana denied
by the court. An appeal was taken ana "A
STAY of execution obtained. In November,
1902, application for another trial on the
ground of newly discovered evidence was
made 10 Recorder Gof. In February, 1903,
the Court of Appeals granted a motion Tor
an extension of time in which 10 brlnB
forward Patrick's appeal. In the following
March Recorder Gof denied the motion
Cor a new trial.
The Court of Appeals heard the argu-
ment in the Patrick appeal in March, 1905,
and Patrick was taken from Sing sing TO
Albany, in custody, to he present at the
proceelings. On June ., by a divlded bench;
the court sust lined the verd lct of the RAJ
court. IL was believed that PatSick mad
played his last card and would have TO die
Immediately, however, Patrlck's counsel
asked the Court of Appeals for a stay OF
execution to give time Tor the preparation
Of "A motion for reErgument. This appllca-
ton was denied on June II. Patrick's
execution was get for the week beginning
August Z.
The Court Of Appeals on July "a granted
a stay of execution pending a new hearing
and ~reargument on the grounds OF newly
discovered eviIence. On September 70
a petition signed by $500 physicians OF the
State YVES sent 10 Gov. Higgins asking him
20 appoint "a commission TO eXamlne I'M
partially into the medical questions at issue
In the case, because the conclusions OF
the experts who testified on the motion
for a new trial re quitSat variance. The
Governor replied that he had no authority
20 appoint such a commission at that stage
of the proceedings. A motion for a reargu-
ment Of Patrick's original appeal was made
on October >, but or October 20 the court
decided adversely TO Patrick. IL then
became necessary TO resentence the con-
victed man, and on December 5 of last
year he was brought to this city and ar
~aN0nnd hafnra InGffpa RI CyAYS nf the SlDrpIn9
Court. Patrick made n dramatic appeal
20 the Court, but the Justice sentenced him
TO die in the week of January p this year.
Immediately a movement was started
90 obtain Executive clemency. A petition
praying for the Communication OF his sem
tence to life Imprisonment was signed
by a number Of well known men. This
petition was presented to Gov. Higgins on
January 5. The Governor did not COM
mute the sentence. but on January 10. on
representations that important new evil
dence had been discovered, he granted a
reprieve, putting off the execution to the
week Of March 10.
On January 81 the papers in the applica-
ton 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 develop
ments before him were sensational A
small army Of Texans appeared in Patrick's
behalf. One Texas witness was sent to
Sing Sing for perjury, others were dis
credited and his whole case went TO pieces.
On March IL the Governor granted another
r~eprieve, p%ostponing the execution until
the week OF March IL. Even this did not
cover the delays experienced in court, and
the Governor granted another reprieve,
putting of the execution. Last June
Recorder Cor denied a motion for a new
trial. At once Justice Day Of the United
States Supreme Court was appealed to at
his home, Canton, Ohio, for a writ Of error
anh STAY of execution.
The withdrawal Of the application TO the
United States Supreme Court was made
only a few DAYS ago, when friends OF Patrick
with his consent. appealed TO Gov. Higgins
for a communication II the sentence.
PATRICK MAY GET TO COURT AGAIN.
II was said at the District Attorneys
Office yesterday that no one connected Will
the office had been consulted about com
muting Patrick's sentence which, s unusual
Following Patrick's arrest David l.
Short, a COMMISSIONS Of Deeds, and Morris
Meyers, a lawyer, who was in Patrick's
office, were indicted for forgery in con-
nection with the rejected will. IL il now
the intention OF district Attorney Jerome
to put Shor and Meyers on trial. They
have been out on bail. II they are tried
Patrick may be brought from Sing Sing
as a witness and asked IL he ever made a
confession TO Lawyer Frederick b. House
who was his counsel, that he had killed
Rice. All efforts to get an answer 20 tina
question ave been futile, because Patricb
would never consent to House testifyine
on the subject.