The Birmingham age-herald., 1912-11-28
Was Serving Life Sentence for Murder of William
 Marsh Rice
SPENT FOUR YEARS
 IN THE DEATH HOUSE
Governor Higgins Commuted Death Sentence to Life Imprisonment. Fight for Pardon Has Never
 Ceased-History of Crime

Albany \. Y. November 27.-Aibert I. Patrick, who is serving a life sentence In Sing Sing prison for the murder of wis- liam Marsh Rice, an aged millionaire. in l New York city on September 9, 1900, was pardoned tonight by Governor Dix.
 Patrick. who was saved from the clsc- trc chair by the late Governor Higgins in December 1aos, has made remarkabis fight for freedom A lawyer by profess sion, he protested when Governor IIis- gins eommuted the death sentence to life Imprisonment. declaring that the gov ernor had no legal right to cancel the original sentence and impose Il punish ment of life imprisonment
 eThcre has always been an afr Of mys- tery in this important case" Governor Dix said. quoting from the minority opin- ion of the court of appeals The atmos- phere that surrounded tho defendant showed that fair and impartial trtaA was scarcely possible
 s1 trust that MT. Patrick will devots his energy 10 q complete sindieation of his declared innocence
 During the past year I have given much consideration to this case and am convinced that the defendant Is sntishs4 to have fun pardon"
 Many Requests for Clemency
 Governor Dix said Superintendent of State Prisons Scott and scores of prom inent citizens appealed to him in Pat rieks behalf. The pardon was mailed tonight to Warden John $. Kennedy of Sing Sing and Patrick may be released tomorrow upon It's receipt
 Ii is said Patrick plans to leave for St. Louis, the home of John r. Milli- ken, his brother-in-law, but may return later to New York as a claimant for Che millions lert hy the aged man with whose murder he was charged. Mr Mil- nlxen aided Patrick in his fight for free dom and it is reported will assist him in hls efsoris to proye bis inrpeetce. l At no time during his long inearcer~sl ton in Sing Sing, four years of which were spent in the death house has Pat rick given up the hope of gaining his freedom Letter after letter has been received at the executive chamber urging that he be pardoned and each successive governor since Governor ODell has been asked to extend executive clemency.
 Governor Higgins was so impressed with the prisoners plea that he grant, ed him three respItes and eventually commuted his sentence from death to life imprisonment
 Charged With Murder of Rice
 Patrick was charged with having brought about the death of Mir. Rice. not by his own hand. but through the agency of Charles r. Jones. valet. employed by Rice. It was principally upon the testimeny of Jones. who con fessed having Administered chloroform to Rice at the behest of Patrick while Rice was asleep that Patrick was con- victed Jones escaped punishment and has 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 req sonss
 "It is not claimed that Patrick com mitted the murder in person. but that he procured the act to be done. He has been convicted principally upon the testimony of Charles r. Jones, who confessed that he murdered his master while he lay asleep, instigated by Pat rick 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 by the courts at some stage of these proceedings would seem to me to warrant interfering with the judgment of death pronounced against the defendant; but three of the seven Judges of the court of appeals were so strongly of tho opinion that errors were committed at the trial which were substantially preJudiced to the rights of Patrick that l feel that the death penalty ought not, under these circumstances. be inflicted"
 Sentenced in 1902
 Patrick was sentenced originally April z, 1902, to die the week commence ing May 5. and was immediately taken to Sing Sing death house. An appeal was taken and on June 1. 1905. the conviction was affirmed by the court of appeals. The court later denied an ap-
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