Norwich bulletin., 1912-11-28

Albany. N. Y, Nov. 27.-Albert T. Patrick, who is serving life sentence in Sing Sing prison for the murder Of William Marsh Rice, an aged million aire, in New York city on Sept. 2S 1900. was pardoned tonight by Gov ernOr Dix.
 Was Sentenced to Death.
 Patrick, who was saved from the electric chair by the late Governor Higgins in December, 1906 has made remarkable fight for freedom. law yer by profession, he protested when Governor Higgins commuted the death sentence to life imprisonment, declar- ing that the governor had no legal right to cancel the original sentence and impose a punishment of life i'm prisonment.
 Governors Statement.
 Governor Dix announced that he had pardoned Patrick just as he was about to leave the capitol for the executive mansion
 There has always been an air of mystery in this important case" he said. Quoting from the minority opin- ion, the atmosphere that surrounded the defendant showed that a fair and impartial trial was scarcely possible
 Given Case Much Consideration.
 T trust that NIT. Patrick will devote his energies to complete vindicaton of his declared innocence.
 During the past year I have given much considerat ton to this cease, and am convinced that the defendant is entitled to have a full pardon"
 Recommended by Prominent People.
 Governor Dix said Colonel Joseph F. Scott, superintendent of state prisons, was among those who recommended Patrick's pardon. He had received letters, he said from scores of prom inent citizens in Patrick's behalf, but he declined to say who the writers were.
 After the governor signed the pardon an attache of the executive department dropped the document into the local postofiice tonight in an envelope ad- dressed to Warden J. s. Kennedy of Sing Sing. If the pardon reaches the prison tomorrow Patrick may be re- leased upon it's receipt, though he may not leave the prison until Friday
 May Fight For Rice Millions.
 It is said Patrick plans to leave for St. Louis. the home of John T. Milli- ken. his brother-in- law, but may re- turn later as a claimant for the mil Hons left by the aged man with whose murder he was charged. MT. Milli- ken aided Patrick in his fight for free dom and it is reported will assist him fin his effort to prive his innocence.
 At no time during his long incar- ceratiOn at Sing Sing, four years of which were spent in the prison death house, has Patrick given up the hope of securing his freedom. Letter after letter has been received at the execu- tive chamber urging that he be par ooned and each successive governor since Governor Odell has been asked to extend executive clemency.
 Accused of lnstigating Rice Murder.
 Governor Higgins was so impressed with the prisoners plea that he grant cd him three respites and eventually commuted his sentence from death to life imprisonment.
 Patrick was charged with having brought about the death of MT. Rice not by his own hand but through the agency of Charles P. Jones, a valet employed in the Rice household. It was principally upon the testimony Of Jones who confessed to having ad- minisiered chlorOfOrm to the old man while he was asleep at the behest of Patrick, that the lawyer was convicted Jones escaped punishment and has long been able to hide his identity from the public. At last reports he was said to be in Texas.
 Reasons For Committing Sentence.
 In saving Patrick from the death chair, Governor Higgins gave these reasons:
 Tt is not claimed that Patrick com nitted the murder in person but that he procured the act to be done. He has been convicted principally upon the testimony of Charles F. Jones' who confessed that he murdered his master while he lay asleep, instigated by Patrick and Jones byb this testimony has purchased his own immunity from trial or punishment. Neither this fact alone nor the review of any question Of fact already passed upon by the courts at some stage of these proceed ings. would seem to me to warrant in- terfering with the judgment of death pronounced against the defendant; but three of the seven judges of the court of appeals were so strongly of the opinion that errors were committed at the trial which were substantially prejudiced to the rights of Patrick that l feel that the death penalty ought not, under the circumstances to be inflicted"
 Embalmers Make Experiment.
 It was to the opinion of the minority Of the court of appeals that Governor Dix referred in his statement tonight as Co his reasons for pardoning Pat rick.
 At the request of the Medical-legal Society of New York, the New York State Embalmers' association at a meeting here year ago made dem onstration on a body in an attempt to prote that the cOngested appearance of the lungs of Rice was due to the Injection of embalming fluid as claim ed by medical experts for Patrick and not Co the administration of chloro- form The results of this test, it is understood, were submitted to Govern or Dix.
 Sentenced to Death in 1902.
 Patrick was sentenced originally or April V, 1902. to die in the electric chair during the week of May 5, of the same year. He was taken to the Sing Sing death house on the day of his sentence. An appeal wa staken which operated as stay of execution and or June 1, 1905, the conviction was af- firmed by the court of appeals. A few days later the court denied an appli- cation by Patrick's counsel for an op- portunity to move for a rehearing and the court fixed the week of August 25 1905 as the date of execution.
 Stay of Sentence Granted.
 Former United States Senator David R. Hiil argued Patrick's case before fMa cOurf of aDneale and Rotr.;cIx him