Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-12-10


First and foremost 1t should be
borne in mind that the fact that Pat.
rick forged the viii, his interest in
which furnished the motive OF the al.
legged murder has been established
in way which precludes the posi-.
biity OF reasonable doubt. The judg-
ment setting aside the forged will
and establishing the older Will was
not only affirmed by the Appellate Di.
vision, but affirmed In language OF ex.
ceptional emphasis on account OF the
peculiarly convincing character OF the
evidence. The Court OF Appeals. to
which the case was then taken. did
not deem it necessary to file any opin-
| ion. but simply affirmed the decision
OF the Appellate Division. Further.
| more. it Is to be noted that neither in
| this civil case nor in his own trail for
| murder did Patrick avail himself OF
the privilege OF taking the stand III
his own defence or in his own favor,
Therefore, while Patrick has not been
convicted of iorgery-because he has
not been tried for forgery-yet so far
as any opinion or any action Of per.
sons dealing with him is concerned,
he must be regarded as forger OF
the worst type. Whether it Is desir-
able to grant not only liberty, but full
pardon to such a man is a question
upon which ii would seem unneces-
sary to waste any argument
That the case against Patrick in the
murder trial involved many complex
tiles and some weaknesses, must be
admitted. But the jury which tried
him was an unusually good one, and
pronounced him guilty; and. although
the Court of Appeals was divided four
to three in its refusal to grant Il new
trial. the dissent OF the minority was
based on grounds to which the prac.
tee of today would give decidedly
less weight than was the case ten
years ago. The tendency of appellate
courts to upset decisions in murder
cases, as shown in number of con-
spicuous instances in those days, fur.
il,l, RI Md nf A
grounds for that general conviction
among the public of the inetficiency
OF our criminal procedure which has
been SO marked feature of our re-
cent history, and which has been re-
flected in salutary toaing up of that
procedure. One circumstance con-
corning the trial itself which has
largely been lost sight Of, and which,
as a matter of everyday judgment,
though not of legal evidence, is in the
highest degree significant, was the.
failure of Patrick to call House, one
of his counsel present in the court
room. to contradict the tdestimony in
regard to a statement Jones had made
in Houses presence; for the break.
ing down of Jones' testimony at this
time would have been fatal to the
prosecution.
These frasmentary considerations
are adduced not to prove that Patrick
was guilty, but in some measure to
indicate the strength of that presump.
ton of guilt which, after conviction
and adjudication by the highest
courts. must in all cases be regarded
as attaching to the convict applying
for a pardon. 1t is not the proper
province of the Governor to liberate
a prisner simply because in his judg.
ment the trial was not properly con-
Quoted. The time for reviewing errors
OF that kind is past when the highest
judicial tribunal has rendered it's de-
cision. The only true Justification,
for pardon are, first, that the man,
though guilty OF the crime, has sufti-
GENTLY eXpiated it on account OF eX-
tenuating circumstances or for other
reasons; and. second that in point
Of fact he is not guilty. The first is,
in this case. entirely out of the ques.
ton, for if Patrick was guilty as
charged he was not only murderer,
but murderer of the most cold-blood-
ed and atrocious kind. The only ques-
ton, therefore, is whether Gov. Dix
took his action in pursuance of such
considerations az, should establish in
reasonable minds the fact of Pat
ricks innocence. That he has made
All Investigation Of 'he case sufficient
ly searching for this purpose he gives
no indication. and in granting the
pardon upon any less sold ground than
this he has done an act distinctly cal
culated to weaken the arm OF the law
in its dealings with the gravest crimes
with which the community has to con-
tend.-New York Evening Post.
The governor of South Carolina has
been talking again. This time he ia.