The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1906-09-21
PETITION HIGGINS.
Over Three Thousand New York Ply
sfcians Ask Justice for Patrick.


Albany. N. Y. Sept. 2o.-Nearly g.
500 physicians Of the State. represent
Ing 551 cities and towns and including
some OF the best known In the pro-
fession, are signers Of a petition pre-
scented to Governor Higgins today in
behalf of Albert T. Patrick, the law
yer convicted and under sentence of
death since 1901 for the murder of
the aged Texas millionaire. William
Marsh Rice. in September. 1900.
The petition reads as follows:
1--WE, the undersigned physicians OF
New York State, have read the meoi-
cal testimony presented in application
for new trial to Recorder Com In the
case of Albert T. Patrick( charged
with the murder of william Marsh
Rice.
The conclusions Of the experts who
testified on the motion are quite at
variance and the questions are novel
as well as grave and important to the
members of society. and especially to
the defendant and therefore should be
Justly solved. To this end we petition
your exceilency to appoint commits
sion composed of disinterested experts
selected from the medical profession to
examine impartially into The questions
at issue and report their findings at AZ
early a date as possible and thus avoid
the possibility Of mistake In the case
of Patrick, as we'll as to get the final
and just solution of the question:
The main medical question involved.
vital in the conviction OF Patrick. Is
whether the congestion OF the lungs.
alleged to have been found In the au-
topsy on Rice's body, could have been
| caused by embalming fluid, or must be
the result of chloroform with which
Jones, Rice's valet. In one of his sew
eral contradictory confessions. said he
tha al PAfFlEkH
direction.
The petition was presented by +. ..
Logan. a prominent Chicago business
| man, who is a partner of John T. Mil
iiken, whose wife Is Patrick's sister;
Lyman C. Smith of Syracuse. and sam
ueI B. Thomas of New York, OF coun-
| sci for Patrick.
Mr. Thomas said the request for sig
natures had not been sent to tho ply
sicians of the State until the second
| week in July and UP to date nearly
$500 have returned their signatures
and more are coming every mall. On
ly four physicians, Mr.. Thomas says
| and one OF them was indirectly con-
nected with the case had returned the
petition with refusal to sign. With
the petition was filed about $50 let
tiers from prominent physicians. sew
eral of them addressed to the Cover
nor and sent through Mr. Thomas re-
| inforcing the formal petition.
A marked feature of these letters
! was the contempt expressed by many
of the writer's for expert testimony,
rendered for pay by one side or the
other In criminal cases.
| Governor Higgins received Messrs'
| Logan end Thomas and later explained
the nature of the. application. saying.
II told those gentlemen / knew %
no authority vested in me by which l
could appoint the commission for whica
they asked. nor OF any Jurisdiction on
my part over the case in the absence OF
a definite application for pardon or
executive clemency. They are to file
with me references to the law upon
which they rely in asking for this med
| Ical commission and intimated that
they might make application for ar
don or other form of clemency In case
of the failure of the pending applica-
ton for admission IF the case to the
United States Supreme Court.
"Thise is a case of very great I'M
rortanae, involving Issues beyond the
simple question of one mans life, ana
must have the various legal aspects Of
il carefully examined before l can t9ll
what s my power and my duty"