New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-07
Mentions Dix's Heroic kinsman.'

Patrick declared that the proof vas
ample that he was railroaded and that
no evidence Of his guilt had been shown.
He reiterated that chloroform az adj
mlnlstercd In the manner described by
Jones. the valet who was the principal
witness against him. would not kill
He said that the legal profession was
united In declaring that he did not
have fair and impartial trial. con-
tinuing:
The Governor could do no act OF more
lasting popularity or Of public benefit
than 10 declare his belief I'm my inno-
csncc. the unfalrness of my trial and the
injustice OF my Imprisonment and his
firm determination 20 see that | nave an
opportunity 10 fight in the open and de-
fend myself against the accusations
brought against me- ! am sure that the
Governor will act In heroic way. worthy
OF his kinsmau. and so link their names
together I'm the estimation OF the people
for all time TO come. For, LET II be Known
that / do not purpose 10 play the part Of
shuttleCock and battledoor OF fate with
out a purpose So far as IL Hes within
my ability my case shall prove warn
ing against the abuse misuse and neglect
OF official power and point the way to
more intelligent ard moral conduct Of
affairs.
Patrick declared that he wished to
be free TO establish his innocence In
court and TO AFFORD the state an oppor-
tunty To try him again for the murder
Of Rice. He made the peculiar request
that IL the Governor should act I'm his
case his action be not such as TO re-
quirc an acceptance by him. saying:
The Court Of Appeals has held that the
acceptance of pardon by one Roberts
barred an action by him based upon his
assertion of innocence The Appellate
Division In my case held that an uncon.
ditional Communication of my sentence did
not require my consent or acceptance.
While the question has never been
passed upon by any court, | think IL likely
that the courts will hold. by analogy TO
the case Of pardon. that the acceptance
OF "A conditional Communication would be
an Implied admission Of guilt and legality
OF conviction and thus bar proceedings
TO obtain a new trial or otherwise estab-
lish my innocence. since violation or
the condition would involve execution OF
the sentence commuted.
THE court might likewise seize upon
such acceptance TO hold that | had Ike
wise and thereby accepted the commute
ton by Governor Higgins Of my sentence
OF death TO life imprisonment, which !
have heretofore persistcntly rejected. IL
IS idle to attempt 10 decide these ques-
lions in advance Of the courts since they
mo- longer understand subtle principles
Of law or endeavor to apply them, but
administer "A rude justice under color OF
law
So little il known OF the nature OF
penal clemenCy that ! feel that II Is
proper 10 point out that what Is needed In
my case Is an authoritative or uncOndl-
tional act OF commutation which is I'm
it's nature an act of special legislation BY
the Governor under authority Of the Con-
stitution and the effect OF which Will be
TO remove every preteXt for keeping me In
prison without Gripping me.
CHARGES Decision Known in Advance.
The papers in the case include sew
eral letters written by Mr.. Milliken to
the late T.. w. Hofcut, Governor
Hughes's former legal adviser In one
of these Mr.. Milliken says:
Judge Otto Rosalsky told Morris
Myers three weeks before the opinion
Of the Court OF Appeals was handed
down that II would be adverse to Pat
rick. and that Judge Gray would read
the dissenting opinion. He told Myers
that he got this information from the
District Attorneys Office, and at that
time Judge Gray's son was Assistant
District Attorney"