The Detroit times., 1910-01-26

Charged with Rice murder, Feb. q.
1901.
Indicted for murder May 81. 1901.
IA Found guilty March 20 1902.
n sentenced to death April Z. 1902.
Resentenced To death Dec. 8. 1906.
X Date OF death IS set week begin
ming June IL. 1906.
IL Cost OF defense. estimated $780,
IL 900.
Cost OF prosecution. estimated
III t325. 900.
Is Time in death house at Sing Sing.
four years and six months.
Total time served. more than eight
y years.
Number OF appeals granted. 2S.
~~~-~~~~-~~~~-~-~-~~~-
NEW YORK. Jan. 26.-Albert T.
Patrick, the Sing Sing 'lifer" who was
convicted OF the murder OF William
Marsh Rice In September, 1902. and
whose death sentence was committed
to life imprisonment, has made new
move To regain his freedom
Through his counsel Patrick ap-
piled to the appellate division OF the
supreme court. first department, for a
writ Of habeas corpus. The papers
upon which William L. Mcdonald, his
associate counsel, argued before JUS
ticeS lugraham, Scott. cMLaughlin.
Clarke and Bowling. were prepared by
Patrick in his cell at Sing Sing, and,
while offered as an answer to the Bar
association's move to have Patrick dis.
barred. are in reality a move by Pat.
rick TO get his freedom.
Even II Patrick fails to get q writ
of habeas corpus and the decision be
given against him and he be disbar-
red, II opens the way for him to get
his case again before the courts by ap-
peal In this event II would be the
twenty-ntnth appeal that has been
"granted To the man who was charged
with. tried for and convicted OF the
most dlabolical murder In the history
of the state of New York.
Certificate Of Conviction.
y .Elnar Chrystie. counsel for the Bar
association. presented a certificate OF
the conviction OF Patrick and asked
that he be disbarred as the law pro-
vides In the case of an attorney con
victed of felony. The court has re-
served decision on this point.
Serious charges against individuals.
the courts and attorneys instrumental
I'm bringing about the conviction. are
made by Patrick. who signs his reply
'Albert T. Patrick. respondent in per.
SON" Lawyer Mcdonald, In present
ling Patrick's views. among other
Kings. said to the court:
Patrick replies and files a cross
petition IN which he opposes the dis
harment proceedings on the ground
that he was not duly convicted of muir
der or any other felony by a court
having constitutional authority TO
onvict him; denies the so-called GER
kificate OF conviction Is a true con.
tract from the minutes or is a true
'copy thereof"
The reply further stated that such
pretended conviction Is wholly void by
reason that II does not show he was
prosecuted In the name OF the people
or that Judgment was rendered either
|by recital or by entitlement in such
action, but they show that such pro-
ceedings were without any PLAINTIFF or
actor and with respondent Patrick the
sole party, except as may appear by
marginal or other indexes or docu-
ments forming no part of the minutes
cf the conviction or Judgment proper
bind subject to alteration in the dis.
cretion OF the clerk at any time.
Allegations Of Patrick.
Patrick asserts he is being falsely
detained in prison by the warden of
SIng Sing. Jesse ID. Frost, and having
been deprived of his rights by the
state, claims protection of the federal
court on this grOund-that conviction
was procured In violation of express
prvisions Of the constitution and laws
of the United States.
He still claims that Gov. Higgins
ect, more than four years ago, In conf
muting his sentence OF death to that
of life imprisonment was an express
violation Of the constitution and laws
of the United States.
Patrick now demands that the courts
pass upon the legality OF this commu
tation and II found to be illegal that
II date be set for his electrocution
Four years ago he said:
"a painless death by electricity is
to be preferred 10 the slow process OF
determination afforded by life impris
onment."
Death Of w. M. Rice.
william Marsh Rice, whom Patricl
was convicted OF having conspired &c
murder was an aged recluse who lived
AT No. 500 Madison-ave. with his
valet. Jones, who was an admitted &C
complice but gained immunity by con
Tossing the plot. Patrick got acquaint
Cd with Jones and then with Rice and
did considerable business with the old
man.
On the day that Rice died Patrick
appeared at a banking house in Wall
st. with a check purporting to have
been drawn by Rice for $4,000. The
bank people we're suspicious and q
telephone message was sent to che
4 Rice house. Jones answered the tele
phone and said the check was AL
right. The people were notified By
the bank people and Rice's body had
. been embalmed and Patrick had made
arrangements to have II .cremated.
An alleged will then bobbed up IN
which the Rice estate. valued at about
$40, 0OO,0 900, had been left to Patrick
with the exception Of 100000. which
had been bequeathed TO the alleged
testator's relatives. Jones and Pat