Bryan morning eagle and pilot. (Bryan, Tex.) 1909-1909, 1909-02-20
TO SET PATRICK FREE.
speclaI % nrynn Morning Earle.

Sing Sing, Lawyer Albert Patrick now
serving a committed sentence of life
Imprisonment for the murder of vii
liam Marsh Rice, is preparing to renew
his fight for freedom. Two weeks
hence his case will come before the
full Appellate Division ON a writ OF
habeas corpus. Patrick himself will
appear before the court and argue in
support of his contention that the com.
mutation of the death penalty to life
Imprisonment by the late Governor
Higgins was not warranted, in that it
was change>of punishment not pro.
vided by statute for the crime for
which Patrick was convicted. and that
The change was to his disadvantage.
in that 1t was an imposition of a differ.
emf and greater punishment. Many
eminent legal lights do not hesitate TO
express the opinion that the noted
prisoner is in sight of freedom.
Patrick's fight for life is the most
remarkable of its kind eve made in
this country. His fight for freedom
promises to be equally notable. and
perhaps as successful. No other per.
son was ever confined as long I'm a
death house awaiting execution as was
Patrick. For more than four wears
and half he lived within the shadow
OF the eiectic chair. During that time
he was present when seventeen other
unfortunates We're taken from their
cells and marched along the narrow
passage which separates the con.
demned cell block from the execution
chamber. Several times Patrick saw
the death watch close in upon him.
He heard the State authorities rs thev
tested the electric current in the rom
adjoining the one where his cell was
located. His sentence was finally com.
muted to life Imprisonment BY Cover.
nor Higgins in December 1906.
Patrick was convicted of murder in
the first degree by a jury in the New
YORK courts on March %. 1907. and
was sentenced on April s. to be mt
TO death in the week beginning on
May of that year. He was tried for
the killing OF William Marsh Rice an
aged Texas millionaire, who died nm.
der suspicious circumstances on Sent
20. 1900, in his apartment in this citv
Patrick had been Rice's legal adviser
Tor nine months before the latter's
1eath' and during that time his client |
was said to have made a will which |
transferred his entire estate amount.
ing to S4,OOO,OOO to the lawyer. Bv a
VIII drawn in 1896 the greater mart
d the estate was left to found the
Hlce Memorial Institute in Houstop
IeNas' This will was afterward nm.
'eid' the Patrick will being pronounc.
ed a forgery. Patrick. according IN
testimony was aided by Rice's sery.
am. c. +. Jones, and it was in the in. |
'estigations of the alleged forgeries
that information was brought IN light
causing the authorities to suspect mur.
der The valet was arrested and con.
-essed that under Patricks direction |
and urging he had killed Rice by max.
ng him inhale chlorform as he silent,
In November, 1902, a stay of execut. |
ION having been granted. application
Tor another trial was made to Record.
PIP Cor. In February 1903. the Court
ii Appeals granted a motion for an
extension of time in which to bring
Onward Patrick's appeal In the fol.
owing March Recorder Cor denied the
notion for a new trial. The Court of
appeals heard the arguments in the
Patrick appeal in March. 1905. On
.une 9, 1905. the court. by a divided
'ench, sustained the verdict of the
rial court. Immediately after Pat.
'ick's counsel appeared before the
'ourts and asked for a stay of the ey.
'cution to give time for the preparat.
on of motion for reargument. This
application was denied on June IA
'atrick's execution was set for the
week beginning Aug. :. 1905. The
notion for reargument was then made
md acted as a stay of execution. and
N Oct Is, the Court OF Appeals de-
.ided ii adversely to Patrick. In spite
Vi the dramatic appeal to the court.
'atrick was sentenced to execution in
ne week of Jan. %. 1906. In Decem.
Ter his sentence was finally commuted.
n June last an application for a writ
" hebeas corpus was denied by Judge
-acombe in the United states Circuit
,ourt. Last month a similar applica.
ION was made to the Appellate Divis.
on OF the Supreme Court and was
granted by Justice William J. Gaynor
I Patrick should gain his freedom as
result of the hearing. which is set
or March 1, it will mean the end of
he most famous cases in the criminal
ecords Of this country.
Rnussd Vie Susn;nions