New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-03-06
COURT HEARS PATRICK
IMP4SSIONED PLEA FOR
LIBERTY OR DE4TH.
Points to T7co Years an Prison Since
Sentence as TioIation Of Con-
Stituti0naI Rights.

Albert T Patrick appeared before the Appel
late Division q the Supreme Court for the Sec
ond Department yesterday afternoon TO continue
the argument begun early in the week on the
writ or haIcas corpus for which he had applied
Patrick presented his traverse TO the return OF
Mr.. TAYLOR. an Assistant District Attorney Of
New York County. and Mr. Taylor demurred
Then for three hours Patrick argued on the
demurrer.
Patrick contended that the state neither could
nor should execute him afuch Of his plea was
addressed 10 the large crowd in the courtroom
and at one point Justice jerks reminded him
that he should speak to the Court. At one time
the prisoner asserted that he was 80 Samson
who would tear down the pillars that supported
the temple Of justice" He said that justice was
becoming subverted and that district attorneys
nowadays protected the rich. oppressed the poor,
picked out the men whom they wished TO prose
cute and that no one in the community was
safe.
In discussing a passage Of the Massachusetts
law he said that an extract which he read was
passed in the days when men believed in the
torments of hell. Since then, he continued. re-
ligious ideas had changed and nowadays men
DO not fear the torments of he'll AT least. l
haven't any fear of them" he added In CLOS
ing his appeal Patrick called on the justice not
20 take an inpressionistic view Of the law,
When you decide this case he said. ne sure
that either I am an innocent man, and snoulo
60 free or else that l am heinous scoundrel
and deserve to go down TO my fate-2nd then
the people will be satisfied with your decision.
Patrick began his argument with the asser-
ton that the Governor had no power TO substi-
tute one punishment for another-that the Gov
ernor had no right TO sentence him to life i'm
r3risonmcnt when the Legislature had DECIDED
that death should be the penalty for murder IN
the first degree. and after the courts had sen
fenced him TO the chair A communication. he
said. differed from = pardon in that pardon
must be accepted by the criminal 10 be Ell
fective H never had and never would accept
the communication, he said.
He said that he had shrunk from appearing
before the court make the argument. He
would. he said. be compelled to go further than
the question Of his innocence or guilt and would
have TO attack the validity of his conviction and
bring charges against the men who pu; him IN
prison. From this he said he shrank
Patrick then read from his traverse TO the
Assistant District Attorneys return charging
Recorder Golf. District Attorney Jerome ana
others with entering into conspiracy to con-
vict him, innocent or not He said that Judge
GRAY. Of the Court Of Appeals, had treated him
unfairly when his case was up for review. be
cause his son worked in Mr. Jeromes office;
and. last that he had petitioned the Governor
for his freedor1-for remission of sentence-afd
got communication and was now held unlawfuly
in a state Of servitude, "a punishment harder 10
bear mere horrible. than DEATH
To convict him. he said, 100000 in private
funds had been expended and more than 100000
in public funds Public sympathy was di-
verted by the Governors edict," he added. and
I wholly repudate it and viii ever repudiate it.
/ pray for an order setting at liberty
Mr. TAYLOR IN reply said that Patrick was
calling on the Court TO pass on conviction ana
sentence already passed on by higher court
Judge Gray he said. had been cleared OF the
prisoners charge. His reputation Of the COM
mutation Mr.. Taylor said, does not aHecl the
validity
-TIbc71,- or DEATH the prisoner said, in half
audible tone of voice.
Mr.. Taylor insisted that if Patrick refused TO
accent the communication the courts could TX the
date for the execution Of the sentence
Mr.. Patrick, in his reply. said that the case
narrowed down 10 evidence Of dishonesty IN the
proceedings prior TO his conviction If 1 am
DJt TO death" he declared, they (the puDhc
officials viii be guilty Of murder
Regarding the reduction Of his sentence. which
he said WAS worse than the original sentence,
Patrick offered to bring witnesses before the
court 10 1,rove his assertion. In RENTING his
sentence he said, the Governor did away with
III, first sentence. and even if the communication
MAS proved Illegal the original sentence, he said,
could not be revived
He demanded his freedom On the ground that
h had served two years in prison and that he
was now to be put to death-providing the Gov
errors Communication was found void and the
original sentence revived-whch was greater
punishment than had been meted out TO muir
ders in the first degree under the same law
This he said was unequal treatment and con-
trarv to the federal Constitution
Patrick has two weeks TO submit a brief and
Mr. Taylor will have a week TO prepare an
answer.