Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1912-11-28
PARDON patrick
AFTER TEN YEARS
GOVERNOR GIVES COMMITTED
LAWYER HIS FULL
PARDON.
WAS A HISTORIC Case
harscd Winh Numbering Nliilam
Marsh Rice, Patrick Was fonr
Time. Sentenced to Die.

ALBANY. y. y, Nov 27.-Albert
r Patrick. who Is serving a life sem
toure in Sing Sing prison for the MUIR
der of William Marsh Rice, an aged
millionaire. in New York city, on Sep
tember g. 1900. was pardoned to-
night by Governor Dix.
Patrick. who was saved from the
electric chair by tho late Governor
Higgins IN December, 1906, has made
IL remarkable fight for freedom
lawyer by profession, he protested
when Governor Higgins commuted
the death sentence to life imprisoh-
mcnt. declaring that the governor had
no legal right to cancel the original
sentence and impose punishment OF
lie Imprisonment
There has always been an air OF
mystery in this important case Gov
3 ,rnor Dix said, and quoted from the
minority opinion of the court or ap-
pe.ds which said "the atmosphere
ihat surrounded the defendant show
+ ed that tair ana lmpaFtldI tll"' was
scarcely possible"
81 trust that Mr.. Patrick Will devote
his energies to complete Vindication
Of his declared innocence said GOV
rrnor Dix. During the past year
have given much consideration to TINS
case and am convinced that the de-
sendant is entitled to have fun par
dom
Governor Dix said Superintendent
Of state Prisons Scott and scores or
prominent citizens have appealed to
him in Patrick's behalf.
The pardon was mailed tonight to
Warden John S. Kennedy OF Sing
sing and Patrick may be released TO-
morrow upon its receipt
1t is said Patrick plans to leave for
ST J.ouis. the home of John F. MIL
lken, his brother-in-law but may
return later to New York claimant
FOR the millions left by the aged man
with whose murder he was charged
MIR. Nluiken aided Patrick in his fight
for freedom and 1t is reported VIII as
gist him in his efforts to prove his
innocence.
-Four Years in Death Ccfl.
At no time during mis- long incar-
. ccration in Sing Sing, four years OF
witch were spent in the death house
has Patrick given up the hope of
gaining his freedom. Letter after let
ter has been received at the executive
chamber, urging that he be pardoned
and each successive governor since
Governor Odell has been asked to eN-
tend executive clemency
Governor Higgins was so impressed
with the prisoners plea that he grant
ed him three respites and eventually
commuted his sentence fl ON death to
lie Imprisonment.
Patrick was charged with having
brought about the dea,h of Mr.. RICE
not by his own hand, but through the
agency of Charles Il. Jones, valet
employed by Rice. 1t was principally
upon the testimony of Jones. who
confessed having administered chic.
roform to Rice at the behest OF Pat
rick while Rice was ashleep, that Pat
rick was convicted
Jones thtdDtu pulllHii'A'''N ''''' ''f'
long been able to hide his identity
from the public. At last reports he
was said to be in Texas.
In saving Patrick from the death
chair Governor Higgins gave these
reasons:
The Governors Reasons.
eft is not claimed that Patrick COM
mitted the act in person. but that he
procured the act to be done. lie has
been convicted principally upon the
testimony Of Charles Jones, who con-
r.sged that no murdered his master
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 question
of fact already passed upon ~ the
courts at some stage Of these proceed
iugs 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 commit
ted at the trial which were substan-
TALLY prejudicial to the rights Of Pat
rick that feel that the death penalty
ought not under these circumstances
to be inflicted"
Patrick was sentenced originally on
April I, 1902. to die the week COM
mencing May and was Immediately
taken to the Sing Sing death house
An appeal was taken and on June l,
1905. the conviction was affirmed by
the court Of appeals. The court later
denied an application for rehear-
Ing and fixed the week Of August %.
1905. us the date of execution.
Wanted Death Sentence.
Former United States Senator David
= Hin argued Patrick's case before