The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-11-28
Central Figure in Celebrated Muir
der Case To-Day Will Be Given
Liberty for Which He Has
Never Ceased to Struggle.
Always Has Protested
His Innocence.

by Governor Dix.
Patrick who was saved from the
electric chair by the late Governor
higgins in December. 1906. has made
! remarkable fight for freedom. law
yer 5y profession, he protested wheh
! Governor Higgins conmuted the deatn
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.
There bas always been an air OF
mystery in this important case. Gov
. .rnor DIX said. Quoting from the mi
mority opinion OF the Court of Appeals.
the atmosphere that surrounded the
defendant showed that fair and I'M
;artial trial was scarcely possible.
Il trust that Mr. Patrick will devote
his energies TO complete Nlnoication
of his declared innocence
During the pas. year. / have given
much consideration TO this case ana
am convinced that the defendant is
entitled to have full pardon"
May Be Released to-day.
Governor Dix said Superintendent OF
State Prisons Scott and scores OF
o
ir Patrick's behalf. The pardon was
mailed tonight to Warden John 8
Kennedy. Of Sing Sing, and Patrick
may be released tomorrow upon It's
receipt ..-.-.--
II is said Patrick plans to leave for
St. Louis tlknt home Of John r. Aeiil-
l ken. MS NaSsher-inslaw. but may re-
| turn later TO New York as claimant
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.
viii assist him in his efforts to prove
his innocence. At no time during his
long Incarceration in Sing Sing. -FOUR
years Of which were spent in the death
house, has Patrick given up the hope
CT gaining his freedom Letter after
letter has been received at the execu-
tive chamber urging that he be par
doned. and each successive Governor
since Governor Odsu has been asked 10
extend executive clemency-
Governor Higgins was so impressed
with the prisoners plea that he granted
him three respites. and eventually
committed his sentence from death to
life imprisonment.
Patrick was charged with having
brought about the death OF 3Ir- Rice.
agency at Charles +. Jones. valet
employed by Rice 1t was principally
upon the testimony OF Jones. who con-
fessed having administered chloroform
to Rice, at the behest of Patrick. while
he was asleep. that Patrick was con-
yicted. Jones escaped punishment. and
has long been able to hide his tden-
tity from the public. At last reports
he was said to be in Texas.
Reasons Hi&Ei.s Acted
In saving Patrick from the death
chair Governor Higgins gave these
reasons: 1T 10 not claimed that Patrick
committed 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 mas
ter while he lay asleep. instigated by
Patrick. and Jones. by this testimony.
has purchased his own immunity from
trial or Punishment. Neither this fact
, alone nor the review OF any Ques-
! ton Of fact already passed upon by
the courts at some stage OF these pro-
/ ceedinzs would seem to me to warrant
interfering with the Judgment OF death
pronounced against the defendant. but
three of the judges OF the Court OF
Appeals were so strongly OF the opinion
that errors were committed It the trial
which were Substantially prejudicisl to
the rights OF Patrick that I feel that
the death penalty ought not under
these circumstances to be inflicted"
Patrick was sentenced originally
April Z. 1902. to die the week commence
ing May ), and was Immediately taken
to the Sing Sing death house. An ap-
peal was taken. and on June I, 1905.
the conviction was affirmed by the
Court o. Appeals. The court later
denied an application FOR a rehearfns
and fixed the week OF August Is. 1905.
as the date Of execution Former United
states Senator David B. HIN argued
Pa,riek's case before the Court Of Ap-
peals. and Patrick was brought TO
Albany from sing sing 60 hear the ar
gumeuts.
Eventually the case was taken TO the
United States supreme Court. which
dismissed the appeal for want OF ju-
rtsdiction.
The commvtasion Of Patrick's zen.
tence By Governor Higgins DID not END
the LEGAL Aght. Patrick contended that
the sentence Of death hal been com
mueed against hts wishes ana con-
svary 10 law. and that he wss being
ILLEGALLY detained IN prison
. The punishment 81 life impviooa-
mont" he sooevte6. Is grestes snd
more horrible % endure thoa t1e esa&A
penaisy prescyfs~d by law fer nurosr
On sNe Arse eeeSee."
ADpeaSs now are peN1swg N ~
Court ~ Appeals on tcchnicaiisieo rats
ed nv the convicted lawyer. who. sur.
ROUNDED By laW 0ooks - ~ cell hss
resorsed to every seee1 MEANS % DaSa
hss releoR
oOvVsUs svUeesSo - - ssse