Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-11-28

Albany. y. Y, Nov. 21.-Aibert r. Pat
rick. who is serving life sentence il
Sing Sing prison for the murder OF Will
liam Marsh Rice, an aged millionaire
in New York City Sept. %, 1900 was par
doned tonight by Gov. Dix
Patrick who was saved from the cree
trio chair by the late Gov Higgins in
December 1906. has made a remarkable
fight for freedom. y lawyer by profess
sion, he protested when Gov. Higgins
committed the death sentence to life im-
prisonment. declaring that the governor
had no legal right to CANCEL the original
sentence and impose a punishment OF
life Imprisonment.
Gov Dix announced that he had par
doned Patrick just as he was about to
leave the Capitol for the executive man.
sion.
.'There has always been an air of mys-
terry in this important case" he said.
Quoting from the minority opinion,
The atmosphere that surrounded the de
PENDANT showed that a fair and impartial
trial was scarcely possible
81 trust that Mr. Patrick will devote
his energies to complete vindication of
his declared innocence
During the past year ! have given
much consideration to this case ana am
convinced that the defendant is entitled
to have a full pardon.
Gov, Dix said Col Joseph f Scott, SUI
perintendent of state prisons, was among
those who recommended Patriek's par
DON lie had received letters, he said
from scores of prominent citizens in Pat
rick's behalf but he declined to say VINO
the writer's were.
After the governor signed the pardon,
an attache of the executive department
dropped the document into the local
post office, tonight. in an envelope ad-
dressed to Warden John 5. Kennedy OF
Sing Sing. If the pardon reaches the
prison. tomorrow, Patrick may be re-
leased upon its receipt although he may
not leave the prison until Friday.
1t is said Patrick plans to leave for
St Louis. the home of John T. Miliken
his brother-in-law. but may return later
as claimant for the millions left by
the aged man with whose murder ne was
charged. Mr. Milliken aided Patrick In
his fight for freedom and it is reported
will assist him in his efforts to proce his
innocence.
At no time during his long incarcera-
were spent in the prison death house,
has Patrick given up the hope OF secur-
ing his freedom. Letter after letter has
been received at the executive chamber
urging that he be pardoned. and each
successive governor since Gov. odell has
been asked to extend executive clemeney.
Gov Higgins was so impressed with
the prisoners plea that he granted him
ND led
his sentence from death to life imprison-
ment.
Patrick was charged with having
brought about the death of Mr.. Rice
through the agency of Charles F, Jones
valet employed in the Rice household.
1t was principally upon the testimony oil
Jones. who confessed to having admins
tered choroform to the old man while
he was asleep, at the behest of Patrick,
that the lawyer was convicted. Jones
escaped punishment.
In saving Patrick from the death chair
Gov Higgins said:
"Three of the seven Judges of the court
of appeals were so strongly of the opin-
ion that errors were committed at the
trial which substantially prejudiced the
rights of Patrick. that | feel that the
death penalty. under the circumstances,
ought not to be inflicted"
1t was to the opinion of the minority
of the court of appeals that Gov. Dix
referred in his statement, tonight, as
to his reasons for pardoning Patrick.
At the request of the Medcal-Legal
Society of New York, the New YorN
State Embalmers' Association at meet
ing here, a year ago, made demon
stration on body in an attempt to
prove that the congested appearance OF
the lungs of Rice was due to the mice
ton of embalming fluid as claimed by
medical experts for Patrick. and not to
the administration of chloroform. The
results of this test. 1t is understood
were submitted to Gov. Dix
Patrick was sentenced originally, April
z, 1902, TO die in the electric chair dur
ing the week commencing May OF the
same year. He was taken to Sing sins
death house on the day of his sentence
An appeal was taken which operated as
stay of execution and. June /, 1905, the
conviction was affirmed By the court OF
appeals. a few days later the court
denied application by Patricks coun-
sci for an opportunity to move for re-
hearing and the court fixed the week OF
Aug. 20. 1906 as the date of execution.
Former United STATES senator David b
Hill argued Patricks case before the
court of appeals and Patrick was brought
to Albany from Sing Sing to hear the
arguments.
After the court had adjourned for the
term Judge OBfien one of the thret
judges who had dissented from the af'
firmance of the Judgment of conviction
granted the stay. The case eventually
was taken to the United States supreme
court, which dismissed the appeal fol-
want of jurisdiction.
The Communication of patrck's sentenc,
on Dec. 20, 1906, by4lov. Higgins did no
end the legal fight. Patrick contendet
that the sentence of death had beer
COMMITTED against his wishes ana con
trary to law and that he was being He
gally detained in prison.
''The punishment of life Imprisonment,
he asserted, sis greater and more nor
rible to endure than the death penalt,