The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1909-03-06
PATRICK WEEPS AS
he FIGHTS FOR
FREEDOM
.cIvE ME LIBERTY OR GIVE NE
DEATH" PRISONER EXCLAIMED
IN SUPREME COURT SHOUTS
,NconERENT ACCUSATIONS.

NEW YORK. March 6.-Friends to-
day are wondering II the long impris-
onment in Sing Sing has unbalanced
the mind OF Albert Il. Patrick. convict
ed OF the murder OF VIM. Marsh Rice,
the Texas millionaire. ten years ago.
Patrick argued his application for free
dom In habeas corpus proceeding
before the appellate division OF the
supreme court In Brooklyn. yesterday.
He shouted incoherent and amazing
accusations at Recorder Con-. who pre-
\ sided over Patricks trial for the muir
der OF Rice, and against District At
'torney Jerome and everybody else con-
nected with the prosecution. lie wan
Idered far from the point on which
the court had asked him TO argue and
apparently wanted the appellate divis-
Ion 10 review the findings OF the court
OF appeals. the court OF last resort,
which already has passed on his case
AT times ne wept. Again he turned
10 the spectators in the court and ha r
rsngued them, Again he addressed
invectives to Assistant District
Attorney Taylor, who appeared TO
oppose his release. Once, at least, the
presiding Judge had TO interrupt and
call him to order.
He rambled through his argument
at least four times during the three
and half hours he was on his feet
Even the justices grew drowsy toward
the end and jumped with a start each
time he Numbered out the old accusa-
tons In a more vociferous way.
Throughout his argument Patrick
referred to himself as the relator
and never in the first person.
II am here 10 argue before your
honor" he said, because the penai
sentence passed upon the relator *
more horrible than the death sentence
could possibly be-
AT another point he said: The trial
Of the rclator was a conspiracy. The
county OF New York spent 500 600 10
send the relator TO his death.
When dishonest judge and dis
trict attorney can railroad an innocent
man TO prison Notwithstanding a scru-
tiny OF the facts shows him TO be per-
fectly innocent. then. indeed. the
foundations of our liberties are imperil-
ed"
Patrick was addressing the specta-
tors at this point and Justice jerks
admonished him TO address the court.
Patrick apologized, but was soon turn
ing around and stretching out his arms
to the spectators again.
When he at length turned TO the
consideration OF the illesality OF the
Communication the justices Strengthened
up. Patrick dropped all his previous
argument against the iilegaiity of his
conviction and assumed. as he said.
for the purpose of mis- argument, that
his conviction was legal. He said {
the governor had no right TO commute
q sentence of death without the con
Sent OF the relator.
District Attorney Taylor replying,
said:
aAs a matter of law or fact. y
reiator must either stand by the COM !
mutation of his sentence or repudiate
II. Logically or legally, the matter
stands thus: Either the relator was
legally spared the death penalty or he
was not. And IL he was not. the com
mutation is void. and as though IL haG
never been
"Give me liberty or give me
death" interrupted Patrick at the top
of his voice, jumping up and waving
his arms.
please do not interrupt me- said
Mr., Taylor.
Patrick sat down and Mr. Taylor con
tinued, saying gravely that If Patrick
repudiated the Communication OF his SEN
1ence there only remained the carry
ing out of the sentence originally i'm
posed. death. IL might sound cruel to
cirque so. Mr.. Taylor said. but the re.
1ator had left him no choice.
M Mrs. Patrick sat beside her husband
an court. She seemed much affected
ny what he said and his manner OF
undressing the court.
Al the conclusion OF the arguments
the court announced that two weeks
would be given for the filing OF briefs
Patrick was taken back 10 Sing Sing