The Detroit Times

NEW FIGHT FOR FREEDOM

Disbarment Proceedings May Open Way To Get Case Into Courts Again-Asks Habeas Corpus Writ.

If Decision Is Against Him He Will Be Able To Make His Twenty-Ninth Appeal.

CHRONOLOGY OF PATRICK CASE.

William M. Rice died Sept. 23, 1900.

Albert T. Patrick arrested, forgery charge. Oct. 4. 1900.

Charged with Rice murder, Feb. 27 1901.

Indicted for murder May 27. 1901.

Found guilty March 26. 1902.

Sentenced to death April 7. 1902.

Resentenced to death Dec. 6. 1905

Date of death is set week beginning June 17. 1906.

Cost of defense. estimated $300,000.

Cost of prosecution. estimated $325,000.

Time in death house at Sing Sing. four years and six months.

Total time served. more than eight years.

Number of appeals granted. 28.

NEW YORK. Jan. 26.-Albert T. Patrick. the Sing Sing "lifer" who was convicted of the murder of William Marsh Rice in September. 1902, and whose death sentence was commuted to life imprisonment. has made a new move to regain his freedom.

Through his counsel. Patrick applied to the appellate division of the supreme court. first department. for a writ of habeas corpus.

The papers upon which William L. McDonald. his associate counsel. argued before Justices Ingraham, Scott. McLaughlin Clarke and Dowling, were prepared by Patrick in his cell at Sing Sing. and, while offered as an answer to the Bar association's move to have Patrick disbarred. are in reality a move by Patrick to get his freedom.

Even if Patrick fails to get a writ of habeas corpus and the decision be given against him and he be disbarred. it opens the way for him to get his case again before the courts by appeal. In this event it would be the twenty-ninth appeal that has been granted to the man who was charged with. tried for and convicted of the most diabolical murder in the history of the state of New York.

Certificate of Conviction.

Elnar Chrystie. counsel for the Bar association, presented a certificate of the conviction of Patrick and asked that he be disbarred as the law provides in the case of an attorney convicted of a felony. The court has reserved decision on this point.

Serious charges against individuals. the courts and attorneys instrumental in bringing about the conviction. are made by Patrick. who signs his reply "Albert T. Patrick. respondent in person." Lawyer McDonald. in presenting Patrick's views, among other things. said to the court:

"Patrick replies and files a cross-petition in which he opposes the disbarment proceedings on the ground that he was not duly convicted of murder or any other felony by a court having constitutional authority to convict him; denies the so-called certificate of conviction is a true contract from the minutes or is a true copy thereof."

The reply further stated that such pretended conviction is wholly void by reason that it does not show he was prosecuted in the name of the people or that judgment was rendered either by recital or by entitlement in such action, but they show that such proceedings were without any plaintiff or actor and with respondent Patrick the sole party, except as may appear by marginal or other indexes or documents forming no part of the minutes of the conviction or judgment proper and subject to alteration in the discretion of the clerk at any time.

Allegations of Patrick.

Patrick asserts he is being falsely detained in prison by the warden of Sing Sing, Jesse D. Frost, and having been deprived of his rights by the state, claims protection of the federal court on this ground-that conviction was procured in violation of express provisions of the constitution and laws of the United-States.

He still claims that Gov. Higgins act, more than four years ago, in commuting his sentence of death to that of life imprisonment was an express violation of the constitution and laws of the United States.

Patrick now demands that the courts pass upon the legality of this commutation and if found to be illegal that a date be set for his electrocution.

Four years ago he said:

"A painless death by electricity is to be preferred to the slow process of extermination afforded by life imprisonment."

Death of W. M. Rice.

William Marsh Rice, whom Patrick was convicted of having conspired to murder, was an aged recluse who lived at No. 500 Madison-ave. with his valet. Jones, who was an admitted accomplice but gained immunity by confessing the plot. Patrick got acquainted with Jones and then with Rice and did considerable business with the old man.

On the day that Rice died Patrick appeared at a banking house in Wall st. with a check purporting to have been drawn by Rice for $65,000. The bank people were suspicious and a telephone message was sent to the Rice house. Jones answered the telephone and said the check was all right. The people were notified by the bank people and Rice's body had been embalmed and Patrick had made arrangements to have it cremated.

An alleged will then bobbed up in which the Rice estate, valued at about $10,000,000. had been left to Patrick with the exception of $500,000. which had been bequeathed to the alleged testator's relatives. Jones and Patrick were arrested for forgery, and the valet finally accused Patrick of conceiving the plot to kill Rice. The valet said he had personally committed the crime by chloroforming the aged millionaire at the direction of Patrick.

Valet Jones has disappeared as though swallowed into the earth, but Patrick has maintained that Rice's relatives could produce him if they so desired.