Evening journal., 1914-04-25
New News Of Yesterday
David B. Hills Hard Luck
in Two Famous Cases
BY Holland.

I was chatting with one of the JUS
tices Of the Supreme Court of New
York State year OF two after the
death of David B. Hill, who was twice
elected governor Of New York, and
served one term I'm the United States
Senate, and who was the candidate of
the Democratic organization in New
York for the Presidential nomination
in 1892. The judge told me an inter-
esting anecdote about Mr.. Hill. but in
view OF the fact that he was one Of
the Justices who heard a great argu-
ment in a murder case made by Hill,
he asked me not to make use OF his
name.
I had said to the judge that 1 often
wondered whether Hill had taken
seriously TO heart his defeat for the
Presidential nomination in 1892 by
Grover Cleveland.
81 never saw any evidence either IN
Hills manner or in what he said that
he was particularly disappointed be-
cause Cleveland beat him for the
Presidential nomination. he replied.
81 do know, however, that he did take
to heart bitterly his defeat before the
court after he had appeared as coun-
sci for Albert S. Patrick and made an
argument In support of the reversal
of the verdict by which Patrick had
been found guilty of murder in the
| first degree
Governor Hill was retained by
friends of Patrick, who, you will re-
member, was convicted after a most
sensational trial as accessory to the
murder of a very wealthy man named
Rice, with intent to secure a large
part Of the latters fortune.
Governor Hills retainer was fix
ed at $25, ,O00 think 1t was the largest
/ fee he ever received. He took up the
case rather reluctantly, but after he
began work upon it he became in
/ tensely interested in 1t. His analysis
of the evidence upon which Patrick
was convicted was wonderfully clear
and profound He became convinced
that upon the evidence Patrick
should never have been convicted. He
began to make a personal matter OF
this professional employment, and by
the time the court was ready to hear
the argument he had become com.
pletely absorbed in the case.
His argument was one of the
ablest ever delivered before the
court. AS a piece of reasoning it was
clear, and his argument was utterly
free from any rhetorical effort. He
tried to demonstrate his case as h'
I r,r,,,fa i,,,-o do,,,,,ofrofod "a uroh1 ar,
OF mathematics.
"He lost his case, although th'
court was nearly equally divided
There was one majority against him
The loss of that case almost made
Governor Hill i'll. He took It griev
ously to heart, and It was SOM
weeks before he was able to concen
trate his mind upon his other profes
sional work.
81 have good reason for presumin
that IL was largely due to Governo
Hills argument that Patricks sen
tence was commuted by the governo
. shortly after TO Imprisonment for lif'
Now, here was a queer feature {
Governor Hills professional practic
I'm this respect He was retaine
twice in capital cases, once by IN
friends of Albert S. Patrick, and al
terward by the State to make tn
argument before the Court of Al
peals in favor of sustaining the vel
dict by which Roland B. Molineau
had been convicted, in another senss
, tional trial, of murder I'm the first d'
, degree. The friends of Molineaux II
[ tanned John G.. Milburn to make III
1 argument in favor of granting a ne
e trial. Governor Hills argument
{ favor of sustaining the verdict va
+ mastery, and yet he lost that case.
e do not know what the State paid hi
!. for this service. but il is indeed
3 curious piece of professional destir
that he should have appealed to Il
court TO reverse the trial Of one ma
convicted of murder and in anothl
I, case was employed by the State
n sustain a verdict of murder in Il
= first degree, and should lose bof
cases. To some of his friends Go
n ernor Hill intimated that he wou
. have been wiser had he remained o.
Z of politics and devoted himself excl
d sively 10 the practice Of his nrofe
{ sion"