New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-11-28

| ernor Dix to PARTON my husband |
| 'unscientlhc lie" regarding the effect Of
| chlprofOrm on the human anatomy.
| Colonel William c. Church, foreman or
the grand jury which indicted Patrick,
said last night that he was glad TO hear
| that the lawyer had been pardoned.
81 never believed Patrick was guilty or
murder" said Colonel Church, but a
prima facie case was made out to the
grand Jury by the District Attorney
Jones, the valet, told conflicting stories.
and ! asked him. very positively whether
he had been promised immunity. He said
he was from Texas. and that IL was the
custom there that when a man turned
states evidence he was freed.
Jones swore that he had chlOroformed
| Rice, and DR.. Austin Flint testified that
no man could have been killed that way.
Jones said that he then threw the cloth In
the fire and that 1t exploded, and DR.
| Flint swore that a chloroformed rag
would not explode; that II would burn,
/ but not explode.
IL asked the District Attorney what lie
was going to do with this man Jones,
who had confessed murder, and the Dis
! trict Attorney told me he would take
care OF him all right.
"Patrick's story was almost Incredible;
! It was a very difficult story TO believe,
| but that man was never murdered-he
died natural death. Patrick was never
accused OF murder. but OF insugatng
murder, and 10y this man Jones, who was
proved TO be an Internal liar, and am
! very glad TO hear that he has been par
| doned."
Unjust Conviction, Says Moore.
| Robert NJ. Moore. who was chief coun-
sci for Patrick, said last night he was
glad that Governor Dix had pardoned
! Patrick.
1t was an unjust conviction" said Mr..
! Moore Il feel that twelve years
wrong has been righted. The bulk OF the
evidence submitted BY the defence should
! have brought about an acquittal II was
! not an impartial trial. have always felt
| confident that Mr.. Patrick Is innocent.
| There was never any positive evidence IN
troduced showing that Rice died violent
death. This fact was also agreed upon
! by Justice O'Brien. OF the Court Of APP
peals who wrote the dissenting opinion
| when we appealed the conviction.
"One OF the most important points In
the testimony concerned the condition OF
Rice's lungs. Physicians testified then
| that. theoretically. embalming fluid could
not be carried 10 the lungs. Later the
New York County Medical Society and
| three thousand physicians In New York
petitoned Governor Dix 10 pardon Pat
| rick. because they found Il IL possible
for embalmlng fluid to be carried 10 the
| lungs.
Charles Jones, chief witness FOR the
state. confessed at first that RIces death
was due TO a volatile poison Later he
changed his confession, and again
changed it, TO as many as FIVE times. l
believe that II man makes a confession
and is telling the truth there need be but
one confession.
Also | submitted aiildayits containing
a statement from merchants OF Houston,
Tex, swearing that Charles Jones had
admitted to them that he had testified TO
faIsehoods and that he was paid for testi-
| flying.
Albert r Patrick Is one man I'm a
thousand While In the death house he
displayed remarkable fortItude and Was
always sanguine and cheerful OF the out
come He took an active interest in the
preparation Of his case and always
looked forward to pardon"
Patrick Planned Defence.
Clark Bell, seCretary-treasurer OF the
Medlco-L Legal Society, which interested It
self I'm Patrick's behalf. said that Gov
| ernor Dix had done the right thing by
pardoning Patrick.
"The Medico-Legal Society demanded
an unconditional pardon for Patrick"
| said Mr.. Bell, "as soon as Governor DIX
went into office. We had similar de-
mand filed with Governor Horace White,
but he notified us he would not have time
10 take II up and. that Il would have TO
90 over TO the incoming Governor.
1--WE based our demand on the ground
that Patrick was innocent OF crime. and
| that his trial was a miscarriage Of jug
tIce. Experts reported that Rice's death
| hv chIoroform in the manner testified to
by Jones was impossible. His story was
a humbug.
| "A committee from our society waited
| upon Governor DIX ano AFTER Hnns our
papers discussed the aspects OF the case
with him. and we have been waiting for
his action ever since. lie has done the
right thing"
George Francis ONelll, Patrick's legal
representative in this city. said
Il have just telephoned Mrs. Patrick at
her apartment, and, as can be imagined
she is greatly surprised and pleased with
the fact that probably tomorrow she will
have her husband with her, after an abb
sence of more than ten years.
Acting on Mr. Patrick's advice, O'Nell
said he had not attacked the verdict
from a legal standpoint. but rather laid
out his work to show that the medical
testimony introduced at the trial was
fallacious
True, Mr.. Patrick and myself prepared
An elaborate brief for submission TO the
Court OF Appeals, but from time to time
/ had the hearing Of this appeal adj
iourned. and UP to date It never came on
20 be heard" Mr.. o'Neill explained.
IT believe Governor DIX realized that
10 convict a man upon purely medico-
legal testimony, which testimony was