The Detroit times., 1911-10-18
PATRICK WILL MAKE HIS
LAST FIGHT FOR LIBERTY
Lawyer Reprieved From Sem
tence of Death Is To Ask
Gov. Dix To Pardon Him.

NE" 1Ohh, Ocl. lt.-AlDert Il.
Patrick, who Is serving a life sen.
tence at Sing Sing. for the murder OF
William NJ Rice, is about to make
what he terms his final appeal" for
liberty. Instead Of having the case
heard by the court OF appeals. at this
term. he will 90 10 Gov. DIX. Patrick
says he believes the governor will
are made known 10 him.
George Francis ONeill Of No. 5
Beekman-st., the medicolegal expert,
and personal counsel Tor Patrick, Wis
tied him in Sing Sing last week. and
they agreed on postponement OF the
court OF appeals hearing until the No.
vember term.
Patrick said to his counsel that he
expects TO be with his family, outside
OF prison, by Christmas
Mr.. O'Neill. when seen at his ONCE.
said:
Il will In a short time make an
appeal TO Gov. Dix TO release Pat
rick, and | am sure the governor will
do so, thus doing justice TO this man.
whom / think the most abused and
maligned man OF the century. That
being the case, II will not be neces-
sary TO appeal to the court OF appeals.
AS q medico-legal expert. have
made q study of the whole testimony,
especially the medical testimony upon
which Patrick was convicted. | have
always held that the testimony offered
at the trial was the poorest kind OF
medico-legal testimony, and in this
Prof. John II. Larkin. adjunct profes-
sor OF pathology In Columbia univers-
ity, and expert In the employ of the
coroner.s once, agrees with me. He
said that the testimony from q medi-
cal standpoint at the Patrick trial was
q disgrace to the medical profession.
The attack by DIR. Larkin on the
theory that formed great part OF the
basia for the conviction OF Patrick
was made ser an autopsy on the
body Of Giovanni Ferrari, an old Ital-
ian wine seller, who was found dead
some time age In cellar uptown.
Ferrari was killed by chloroform. and
Prof Harkin cites the condition OF
the victims lungs to prove the medi.
co-legal evidence offered as to the
effect OF chloroform on the lungs at
the Patrick trial was wrong, and con-
trary to the facts revealed In the Fer
rari autopsy.
I'm the testimony given at the Pat
rick trial IL was declared that In
cases OF death by chloroform coexten-
sive congestion of the lungs resulted.
That this testimony Is absolutely con-
trary to fact Is proved, asserts Dr..
Larkin, by the condition OF Ferraris
lungs, In which large areas free from
congestion were found.
The autopsy on Rice's body re-
vealed congestion extending
throughout his lungs. This, accord
ing to expert testimony In the case,
indicated that Mr. Rice had died from
chloroform, and bore out the state
ment made by Valet Jones that this
anaesthetic had been administered.
After the autopsy on Ferrari by
DR.. Larkin, and Coroners' Physicians
p. r. o'Hanlon and Timothy Leblanc.
they all declared that the testimony
offered at Patrick's trial had been
proved faulty. On the occasion of
this autopsy, Dr. Larkfn Is reported
to have said:
ar have always held that the testi-
mony offered at Patricks trial was
the poorest kind Of medico-legal evil
dence. II was q disgrace TO the medi-
cal profession. II was founded on
theory that does not hold water. That
this 10 true IL proved by the present
case. in which death clearly resulted
from chloroform. Here we found
none OF the coextensive congestion
which was found in the lungs Of Rice.
Parts Of the lungs, and large parts,
were normal
."'Mr. Rice's body had been en-
balmed, and embalming causes con-
gestion. Congestion may result from
other causes also, and II 10 impossible
to determine definitely just what
cause IL responsible for many cases
of congestion OF the lungs.
ct have always held that the con-
yiction on the testimony offered con-
corning this phase OF the case was an
outrage. and the best experts will
deny that the evidence was correct.
such 10 the unsolicited testimony
of an expert" said Mr.. O'Neill. The
cause OF the differences OF opinion
concerning the effects Of the anaes-
thetic on the lungs IL the fact that
few cases OF chloroform deaths are
the subject OF postmortem examine
ton. Men learned In the medical pro
fession have long agreed that the
testimony In the Patrick case was en-
tirely wrong"
Many other new points SCATTERING
the medico-legal testimony OF the first
trial will be introduced by MT. o'Neill
during his argument before Gov. Dix.
but he refused TO discuss them at this
time
Asked II Patrick would welcome the
finding OF Valet Jones and his broth
err, upon whose testimony he was con-
victed. Mr.. O'Neill said:
at am endeavoring now to put mat
tiers in such shape that may hunt
the Joneses."
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