The Birmingham age-herald., 1907-12-23

appeared only too ready to tell all about his plans.
 Patrick intends to get out of state prison by an absolute pardon, which he expects to receive from Governor hughes. He has planned to lay before the governor soon an application for a pardon on the ground that there-never was any proof-direct or otherwise that Rice had died any other than na- tural death.
 'I claim," Patrick dictated to the cor respondent "a conspiracy between the public prosecutor and the trial judge to secure my conviction without legal evidence, but by fraudulent means.
 Claims There Was Collision.
 q further claim that by collision be- tween the trial judge and the district attorney the record of my case was fraudulently altered in many material respects during the printing of records, without notice to my attorneys, so as to make a pretended case against me for consideration by the court of ap- peals, so as to cover up the manifest errors committed at the trial.
 'rhe further ground for my libera- ton will be that Governor Higgins had no legal authority to commute my sen tence, the power of cemency being a mere grant, acceptance thereof be- Ing necessary to validity in the same manner and form as a deed is given.
 At any rate, the governor had no right to inflict a greater punishment. 1 maintain that life Imprisonment i'll the manner and form as administered in the state prison of New York is a worse punishment than death. A painless death by electricity is to be preferred to the slow process of extermination afforded by life imprisonment
 Death Preferable to Life Term.
 Do you mean to be understood as saying that you would rather have died in the electric Nchair had you the choice than to have accepted communication of sentence to one of life imprisonment at the hands of Governor Higgins%' asked the reporter.
 T mean just what I say" replied Patrick. You might say, and it is true, that where there is life there always is hope. And so 1t Is in my case. But what mean to say Is this have spent nearly five years in the death house. During that time I have seen IT men taken out of the adjoining cells to be strapped in the electric chair. I have talked with all these men and I don't kHow of single one who did not tell me that he preferred death in the electric chair to life imprisonment. By that l mean to be understood as saying that a man who knows that there is nothing to interfere with his life Imprisonment that he must spend the remainder of his life in prison-that there is absolutely noth- ing for him to hope for-this man, I say, had much better be put to death in the electric chair than escape the death pen a1ty by communication Of sentence which, in fact, means nothing less than a slow process of extermination.
 Money Keeps Him in Prison.
 Governor Higgins commuted me over my protest and after previous aud re- peated warning that I would not ac- cept it. Governor Higgins communica- tion was based upon the advice of his legal adviser that there was not suf- ficient evidence to warrant my con viction. Three million of Rice's estate, substantially all of the funds of that estate outside of the real estate, has been employed directly or indirectly in accomplishing my conviction and con tinued Imprisonment"
 Patrick was then asked whether in his opinion he believed that Jones was still alive and whether he might be located.
 As far as Jones is concerned" said Patrick, q believe that he is under control of Captain Baker of Houston, Tex, and that the district attorney could produce Jones at will It Is matter of common Knowledge in Texas that Jones and his family showed great financial prosperity at the conclusion of this case. Jones told many persons that he had not killed Rice, but had so testified in consequence of official pres sure.s
 Conspiracy to Murder Me-"
 Yes. there was conspiracy to mur- der me under the guise of the law.
 They may have believed was guilty. They secured my conviction by false means and they did it consciously. There cannot be any question that Rice signed the disputed writings, as testi- fled by the witnesses eor the will who have not been impeached in any way, who are persons of good character and standing and who, although indicted nearly seven years ago of forgery for the strategic purpose of affecting their testimony, have never yet been brought to trial and in my opinion never will. On the contrary the district attorney repeatedly offered tn em immunity from all punishment provided they would plead guilty to some offense. in addition to which the persons claiming to be the representatives of the Baker interests have repeatedly offered - them large sums of money for the same purpose, all of which they have rejected.
 By manipulation of the district at- tOrney ana Dy the employment Ol large sums of money, as well as false state ments made, the public was led to be- lieve that the crime of forgery and murder were committed. This was aided by the testimony of hired experts in handwriting, who were paid large sums of money, that they were forg- cries Upon the reasons advanced by the handwriting experts and the gem era1 atmosphere of guilt thus created, the prejudices of the persons knowing MT. Rice's handwriting were excited and the opinions which they expressed were merely suggestive and precon- ceived.
 "Rice Died Natural Death"
 "The public has a miscopception about the whole thing in that they i'm agine that Jones killed Rice. Jones never so testified. He said that Rice was in an ailing condition, that he was irrational. Jones said he picked him up and put him in bed and left him there, and that Rice apparently went to sleep. Jones said he never saw him open his eyes any more after that. He