The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-03
NEW REpRTEVE FOR PATRICK.
yr,PJyG on NOTION FOR NEW
TpI,I IDJOI RNED no APRIL 3.

a. Nav he Produced In Court When the
raso Comes y, Though His Lawyer
unn,t Help Texas witnesses start for
lilo Wore AfildaVits Are Admitted.
.,hort T. Patrick, who is under sentence
Iaath for the murder Of william Marsh
pi,o cot another lease of life yesterday. He
.,as sentenced to die in the week of March Is,
h,t the hearing on his motion for a new
trial on newly discovered evidence was adj
io,Irned by Recorder Golf until April 3.
Roth the Recorder and District Attorney
Jerome promised that there would be an
other ~reprieve granted to Patrick from the
Court of Appeals
From what developed at yesterdays
hearing It is probable that Patrick will be
produced in court when the hearing Is re-
eumed. Mr.. jerome wants TO ask Patrick
II he will waive his privilege and allow
LAWYER Frederick B. House to testify to
an alleged confession which Patrick is said
IN have made to Mr.. House in the Tombs
and which is said to have been substantially
the same story as that told by Valet Charles
F. Jones on the witness stand at the Patrick
trial. Shortly before adjournment yester-
day Mr.. Jerome turned to w, M. X. Olcott,
counsel for Patrick, and said.
"In the meantime will you see your client
and ask him if he is willing to waive his privi-
lege so that Mr.. House may be allowed to
tell what happened between him-and Mr..
Patrick in the Tombs2"
If MIR. Olcott heard what Mr.. Jerome had
said he made no move. Mr.. 0lcott has been
asked the question before and he has de-
clined to say what he would do. Mr.. Jerome
went on to say that he was sorry that he
had to refer to the subject again, but it was
OF such great importance that had to.
1T would be an excellent chance for the
defendant to clear himself said Mr.. Jerome.
addressing the Recorder, "but he does not
avail himself Of it. He will not even appear
in his own behalf on this matter to obtain
executive clemency. From my understands
Ing of it his counsel will not take any step
to make sure Of his clients attitude in the
matter. Probably he has good reasons
Of his own for not doing so. At the same
time / would like to know what he intends
to do. I don't want to have the trouble Of
bringing this prisoner here, as 1 may nave
to do if it comes to the worst"
Mr.. Olcott was mute. Mr.. Jerome turned
to him.
what do you say2' he asked.
i simply decline to nswer said Mr..
olcott calmly. Then he got up from his
chair and said to the Recorder:
why should | do anything in the matter?
/ don't even know that my clients affidavit
would be admitted"
Now it's not a question of getting a new
affidavit" said Mr.. Jerome with a smile, |
1T is simply on the proposition of enabling
me to continue with the examination OF
Mr.. House, which was interrupted"
II is understood that Mr.. Jerome believes
he can produce Patrick in court, although
the Recorder expressed some doubt on that
at a previous hearing; Mr.. jerome would
not say what he intended to do. Mr.. Olcott
said that he Intended to see Patrick Just
as soon as possible.
John T.. Milliken, brother-in-law OF
Patrick, who has spent thousands Of dollars
to save Patrick's life, did not appear yester-
day to be examined by Mr.. jerome on an
affidavit he has submitted. On Mr.. Jerome's
motion the Milliken affidavit was excluded
from the motion papers. Mr.. Olcott scored
one victory, however: After a strong pro-
test by Mr., jerome the Recorder admitted
the affidavits {. five Texans which were
made after the original papers in the motion
were served.
The afidavits are from H. n. Icet, a
lumberman of Cove, Tex; DR.. Solomon
Williams. also of Cove; Edwin D. Mckenzie,
a court 5tenographer of Houston; Adolph
Goldman, a real est tate dealer, and ex-Chief
of Police Blackburn of Houston. Icet
and DR.. Williams, according to Mr.. Olcott,
nave refused TO come North. The other
three were Here, but their affdavits were
submitted so late in the proceeding that
Mr.. Jerome did not have a chance to look
them up.
All the Texans have started back for their
homes. AS to the five new affida Wits the
Recorder ordered that they be on hand
on April 3 to be examined, II they are not
the affidavits will be excluded.
Now ! would like to know" said Mr..
Jerome, If we are to get any more aft
davits before April 81
IF there are | shall not consider Them"
said the Recorder.
But protested Mr., olcott, new things {
are coming in every day. For instance, |
q reputable lawyer Of Houston has sent I
word to me that he has been consulted 5
times by Lafayette Jones, a brother {
OF Charles F., as to whether Charles Jones j
could be prosecuted in Texas for perjury
committed in New York. The perjury.
according to lafayette Jones. consisted i
the testimony given by Charles Jones '
That he had received a bottle Of chloroform 7
from his brother in Texas. | submit that
you might give me eight or ten days to file
any additional affidavits | may get"
The Recorder said he would not consider
such proposition and then struck of
the record the affida Wits of James Riordan,
Angelo Barba and Fayette Lee. They
affidavit of Corporal Alexander B. Stan Il
bury Of the Thirteenth United States In y
Iantry was also stricken out. ACCORDING g
Mr.. Olcott Stanbury is on his wav here II
rom the Philippines on a special furlough >
granted by the War Department. The u
said that if Stanbury showed q
10 he could be examined n