The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1910-01-26

Date OF death ~ set week begin
ming June - 1905
: Cos, OF defense, estimated $500
5 Cost OF prosecution. estimated
Time In death house Al sing sing (
} four years and six months
J fetal time served more than eight }
years
) Number OF appeals granted. Is
-~~~~~-~-~~~-~-~~~~-~~~~--
NEW YORK Ian, 26-Albert r.
Patrick, The sing Sing "lifer" who was
convicted oI the murder OF William
harsh RICE In September. 1902, aud
whose ded;h sentence was committed
TO life imprisonment. has made new
move tn regain hi. freedom.
Through his counsel. Patrick APP
piled TO thc appellate division OF the
supreme court. first department, tor
wit u haheas corpus The papers
upon which William l.. Mcdonald, his
associate counsel. argued before JUS
tees Ingrahdm. Scott. Mclaughlin.
Clarke and bowling. were prepared by
Patrick in his cell al Sing Sing. and.
while offered as an answer to the Bar
associations move 10 have Patrick dis.
barred. are in reality a move by Pat
rick 10 get his freedom
Even II Patrick fails to get writ
OF h2beas corpus and the decision be
given against him and he be dlsbar-
red, IL opens the way for him TO get
his case again before the courts by ap-
peal In this event II would lie the
twenty.nnth appeal that has been
granted To the man who was charged
with, tried for and convicted of the
most diab0lical murder in the history
OF the state OF New York
Certificate Of Conviction.
Elnar Chrystie counsel for the Bar
association, presented 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
in bringing about the conviction. arc
made by Patrick. who signs his reply
Albert T. Patrick respondent in per
son. LAWYER Mcdonald. in present
Ing Patricks views. among other
/ things, said 10 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 corr.
having constitutional authority to
convict him. denies the so-called GER
tficate OF conviction is a true con
tract from the minutes or is a true
/ copy thereof"
The reply further stated that such
I pretended conviction Is wholly void by
reason that IL does not show he vas
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 a. may appear by
marginal or other indexes or docu.
ments forming no part OF the minutes
cf the conviction or judgment proper
and subject 10 alteration In the dis.
oretion OF the clerk al any time
Allegations Of Patrick.
Patrick asserts he is being falsely
detained In prison by the warden OF
Sing Sing. Jesse D Frost and having
been deprived OF his rights by the
state, claims protection OF the federal
court on this grCuud-that conviction
was procured IN violation OF express
provisions OF the constitution and laws
Of the United States.
He stiIl claims that Gov. Higgins
act more than four years ago. in com
muuug his sentence OF death TO that
Of life Imprisonment was an express
violation OF the constitution and laws
OF the United States.
/ Patricl, now demsHds that the courts
pass upon the legality OF this commu.
tation and II found 20 be Illegal that
a date De set 20" his rlectrocutiou
-Four years ago he said
\ painless death by electricity is
TO be preferred 10 the slow process OF
determination af;orGed by life imprls.
onment'
Death Of w. NJ. Rice.
William Marsh Rice. whom Patrick
AS convicted Of having conspired TO
murder. was an ageu recluse who lived
al No. 800 Madisuu.ave with hls
valet. Jones, who wis an admitted &C.
oompiice tut gained immunity by con.
Tossing the plot Patrick got acquaint.
.ce with tones and then with Rice and
Idid considerable business with the old
man
On tne day lNat Rice died Patrick
appeared az banking house I'm wall.
ST with check purporting to have
been drawn by Rice for sos 900. The
bank people were suspicious and
telephone message was sent 10 ,he
Rice house. Jones answered the telc.
phone aud said tao check was sI
night The people were notified by
the bank people and Rice's body had
been emhaima1 and Patrick had made
+ arrangements 20 have Il cremated.
An alleged viii then hobbed up in
which he Rice estate valued at about
Sl0o0o0ao had been lett to Patrick
with the exception of $500. 900. whitn
had been uequesthed TO the alleged
testatGr's relatives Jones and Pat.
rick We're arrested for forgery, and
the valet finals accused Patrick or
ccncciing the plot TO kin Rice The
}nlet SAID hc rad personally com
mited "a crime by chloroforming the
AGED millionaire at the direction d
Patrick
Valet Jones has disappeared az
though swallowed 10 10 the earth. bui
Patrick aas maintained that Rices
relatives could produce him II they so