Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1912-11-28
Lawyer Who Made Long Fight
for Life After Sentence to
Electric Chair Finally Gains
Freedom.
EFFORTS FOR LIBERTY
FINALLY REWARDED
Chief Executive Points Out
That Conviction Was Sc
cured on Confession of Mur-
derer Receiving Immunity,

Thy Morning journal Special Leased Wire)
Albany. \. ", Nov. 21.--Albert r.
Patrick. who is serving life sentence
IN sing Sing prison for the murder
OF William Marsh Rice an aged mill
ltonnirc. in New York city on Septem-
her ~, 1900, was pardoncd tonight by
Governor Dix. Patrick, who was say
ed from the electric chair hy the late
Governor Higgins in December. 1906,
has made remarkable fight for free
dom. A lawyer hy profession, he pro-
tested when Governor Higgins COM
mutcd the death sentence to life Inn
prlsonment declaring the governor
mad no legal right to cancel the orig
mai sentence and impose a punish
ment of life Imprisonment
Governor Dix announced Just as he
was about to leave the capitol for the
executive mansion, that he had par
doned Patrick.
There has always been an air OF
mystery In this important case" he
said Quoting from the minority
opinion of the court of appeals. the
that surrounded the de-
PENDANT showed that fair and inn
partial trial was scarcely possible
II trust that Mr.. Patrick win de-
vote his energies to complete vindi-
cation of his declared innocence. Dur
ing the past year. | have given much
consideration to this ease and am
convinced that the defendant Is en-
titled to have a full pardon"
The pardon was mailed tonight to
Warden Kennedy. Of Sing Sing, and
Patrick may be released tomorrow
upon its receipt It Is said Patrick
plans to leave for st. Louis. the home
of John 4, Milliken. his brother-in-
law but may return later to New
York as 9'aiinant for the millions
left by the aged man with whose
murder he was charged. Mr. Milliken
aided Patrick In his fight for freedom
and II is reported Will assist him IN
his efforts 10 prove his innocence. AT
no time during his long Incarceration
in Sing Sing. four years Of which was
spent in the death house, has Patrick
given up the hope of securing his
Freedom. sending letter after letter to
the executive chamber, urging that
he be pnrdoned.
Governor Higgins was so impressed
with the prisoners plea that he grant
ed him three respltes and eventually
commuted his sentence from death to
life imprisonment. Patrick was charg-
ed with having brought about the
death of Mr.. Rice, not by his own
hand, but through the agency OF
Charles L. Jones, a valet employed
by Rice. Ii was prinicaplly upon the
testimony OF Jones. who contested
having administered chloroform to
Rice at the hchest Of Patrick while
RICE was asleep, that Patrick was
convicted. Jones escaped punishment
ana has long been able to hide his
IDENTITY from the public. At last re-
Dorts he was said to he in Texas. In
'aving Patrick from the death chair.
Governor Higgins gave these reasons;
"lt Is not claimed that Patrick COM
nitted the murder in person, but that
le procured the act to be done. He
vas convicted principally upon the
estimony Of Charles r. Jones who
confessed that he murdered his mas
er while he lay asleep lnstgated by
patrick. and Jones by his testimony
iad purchased his immunity from
rial and punishment. Neither this
act alone. nor the review of any
question of fact already passed upon
" the courts nt some stage of these
would seem to warrant
with the judgment of
Icath pronounced against the defend
mt; hut three Of the seven judges
# the court of appeals were SO
trunglN OF the opinion that errors
we're committed at the trial which
we're substantially proiudicial to the
lights OF Patrick that ! feel that the
cath penalty under the circum-
tances ought not to be inflicted
Patrick was sentenced originally on
.piil Z. l9o2. to die the week COM
lcncing MAY 8. and was Immediately
AIKEN to the Sing Sing death house.
IN appeal was taken and on June l,
905. the conviction was affirmed by
he court Of appeals The court later
enied an application for rehear-
le ana fixed the week of August 20,