New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-17
FOR NEW PATRICK TRIAL
To Be Made Soon
Prisoner Confident of Acqmttal.

Ex-Judge W. NJ X Olcott of counsel for Albert
II Patrick to whom Governor Higgins granted
reprieve on Monday, Will about January z
formal notice District Attorney Jerome
that he will apply for a new trial for his client
This application will be made before Recorder Gofr
on or about the first Monday in February,
The District Attorney will be served with several
affidav1ts containing the evidence on which
the application is based. This concerns the cir
cumstances surrounding the death OF William
Marsh Rice and afidavits from well known med
ical men, experts on chIoroform and Others which
are intended to prove beyond reasonable doubt
that Mr.. Rice could not have met his death in the
manner testified 10 the first trial. Eight afi-
davts tend to dsprove the testimony Of Jones, the
valet
When ex-Judge Olcott was asked yesterday TO
say who the witnesses would be and what
would be their testimony, he replied:
"Out of courtesy to Recorder Golf it would man
ifestly be improper for to discuss the new
evidence. can say, however, that it will relate
TO questions of fact and particularly as to indi-
Gated scientific questions. We will have medical
experts who will be able to challenge any wit
nesses the District Attorney may have TO prove
that the death Of Mr. Rice could possibly have
been caused in the manner testified TO at the
trial.
DR. Allan McIane Hamilton also declined to go
into the new testimony for the same reason as
given by ex-Judge Olcott. He did say. however:
understand that the only examination Of the
lungs that was made at the autopsy vas Dy lie@s
the crqdest kind Of work There was no misc Ser0 o.
poison fo1Sd n the body was little mercury
which vas no more than could have been caused
had been given TO Mr.. Rice,
Dr. Hamilton wished to deny a statement that
he had accused the District Attorney Of question
ing the genuineness Of the signatures 10 the doc
tors petition
Among the letters recently received by DR. Ham
iIton in connection with the case is one from DF.
c. H Hughes a neuroogist of St Louis and the
editor Of a medical paper devoted to that branch
of the science Referring to the fact that Jones
testified that he had placed chloroform cone over
Mr. Rice's face and went away leaving it there,
DR.. Hughes writes that he regards the CONCLUSION
S ffst death f TePe f 4ae as the
The assertion or conclusion that the old man
even to a stupor in the manner asserted, is too
ridiculous for consideration by any angestag ta
chloroform to more than six hundred patents a4d
a small cone handkerchief or a piece of lint and
"i Dr. E Harrison Griffin, of No 112 West 45th-st.
You know, as well as every medical man knows,
how much post-rn0rtem IS worth on body that
has been enbaImed The judiciary in these cases
this their life study and they could tell how much
the testimony would be worth Still, here is a case
of the man Patrick, who Is sentenced to death py
juryrnen who know absolutely nothing about me
perfect. still we know when we cannot give an
opinion, namely when body has passed through
1t is learned that those Interested IN Patrlck
defence have got medical testimony from several
men whose reputation is beyond question regard
ing the mpossbility of chloroform having caused
the death Mr.. Rice. This testimony, 1t IS sald,
will be the result of experiments that have been
made within the last few months for TINS particular
purpose, and that the doctors stand ready 10 give
a demonstration before the court of the truth or
their conclusions, II it should be required There
also eight afdavits tending to disproVe the
testimony OF Jones.
Although II is NOT the programme. 1t is prob
able that the of Patrick will be brought up at
the annual dinner and installation of officers of the
Medico-Legal Society at the Hotel Aston tonight A
select committee of the society, appointed IN NO
vembeT, 1904 consider the medical evidence IN
the reported their opinion that the dea TN
of Mr.. Rice due natural causes ana not 70
chOrofOrn. Less than a week ago Dr clark sen
president of the society. sent copies OF petIuoh
asking Governor Higgins to pardon Patrick 70
the members Some Of these petitions that Were
signed and returned sent to Governor higgins
prior his granting the TeprieVe. The others that
are coming in VIII be held pending the result OF the
!, application & trial. If this application
fails they will be to the Governor Dr; Ben
tonight Will report the society on his acton ~
sending the petitions and will probably Tea9
letters he has received from Professor Even, OF
the Of medical Jurisprudence IN the Shlcago
Law School and DR.. Miller. of philadelphia, the
microscopic of the Medico-LegaI Society IN Wn1o9
they give their reasons for holding that II was
impossible that the death of Rice was due 10
chioroform ~. ri:
Principal Keeper Connoughton of Sing sing Prs
on when he made his regular ROUNDS yeSteId1iy
and called the condemned prisoners toid IaflCS
about his repreve. Patrick received the 1nforIa-
ton with his usual cool demeanor ana seemed 10