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About Custer County Republican. (Broken Bow, Neb.) 1882-1921 | View Entire Issue (Aug. 2, 1906)
r LIFE THE 5T AKE . I II Albert T. Patriclc's Long Fight to Prevent tile Carrying Out of the . . Grim Sentence of Death. " , HAS MADE THE LAW A PLAYTHING I. . Sentenced in 1902 for the MU1'der of Millionaire William Marsh Rice , By Skillful Maneuvering - ing lI lIas Thus Far Evaded the . Hands of the Executioner. . Now Yorlr.-Talto the a\"erage liur- l1erer. Sentenced to die , he bows to the seeming Inevitable. LIl < o a thing whoso spirit has already crossed the border-lIne , froni life to death , he mechanlcally walts for the end , some- times. moaning , sometimes p1'llylng , but always waiting-waiting for the executioner to beclwn him forth. Nowhere can'a more strlltlng con- I trast to the above be found than In the amazing and even brilliant fight of Lawyer Albert T. Patricl ; : against the law , his own stacIe in trade , sa's the New York World. Arrested In February , 19,1 , , for the murder of Wi1llam Mm'sh Rice , an eccentric old millionaire who had been found dead five months previously - viously under suspicious circumstances - stances in his apartments at No. 500 Madison avenue , Patrlcle was tried , L found gui1ty and sentenced to die in T the electric chair in the weele of May 6 , 1902. More than four ; re rs have : passed since then , and yet Patrick : . Is still very much all\"e , and actuall ) " has a longer lease of Ufe ahead of him now than he had on April 7 , 1902 , when the grim death sentence was pronounced for the lIrst time upon him. Dangerously near to the dead-line , Pntricl has been forc d time after time , but 1'1' sldllful maneuvering he has evaded the executloner's hand and obtained another respite. As the case now stands , Patrick is safe at least until next 'October , when the United States supreme court will vass upon the writ of errOl' granted on June 12 by Justice Day , Thla , writ was granted at Canton , 0" within - in six days of the tlmo set for Pat- ' . f - : . . . . . ' ' 1./ / . , 1 - " - = - - - . . : : : : : : . - - . . . " - : : : : : - - : : : ' , = - . ' " , " . I \ ) ' , t. fMJ&T T p ; ' I eJ" - I l'lck's execution , and after Ilreimra. tlons for putting the condemned man to death had already been commencCl\ at Sing Sing. It was the closest shave 1'atrlele ever had. When Millionaire Rice was found dead In 11Is apartments at No. 600 Madison avenue , on SeltemlJCr 23 , 1900 , there was absolutely no suspicion - cion that his law'er , Patrlclr , had murdered - dered him. Not until Cour days later , when the funeral bad been stopped by order of the coroner and Rice's ( body sent to the morgue , did Patrlcl. ' learn that h was u. IIU8110Ct. Six - . . . . . , days from the data of Rico's death detectives hegan to shadow Patrick , and finally , on Octoher 4 , Patricl and Hlce's valet. Charles 1" . Jones , were arrested , not on n charge of murd01' , but for forgery connected with Rice's will and 11. $25,000 checle which Patrick had tried to cash after Rice's death. On the day followlng their arrest , Patrick and Jones were held in $10- 000 hail each on the forgery charge. The bail was purposely placed at that high figure , in ord01' that the two prIsoners might be detained while the investigation of the circum , stances surrounding the mysterious death of 1\11' . Rice could be probed. Then , while Patrick and Jones were endeayoring to get somebod ) ' to bail them out , the pollce and coroner worl\Cd hard to solve the murder mys- tery. On Octoher 27 the result of the anaiysls of Rlce's body was announced - nounced , showing that the aged mH- 1I0nalre had been poisoned. Had Been Poisoned. Next the pollce turned their attention - tention to Valet Jones. fhey "thlrd- degreed" him for theo days , and then he told them what they already suspected - pected : Patrick had murdered Rice. Two days later Jones made a still more detailed confession , shoulderinl ; ' all the gui1t on PatrIck to save his own neck. Having done that , Jones cut his throat in prison , but the polIce - lIce doctors stitched up the gash and saved him for further confes- sions. Then , suddenly , on February 25 , Patrick made his first move to get out. The ball , $10,000 , necessary to \ r n r : " ( RIG EL IIIR lIb01'l\te him , was produced , and Pat- rlcl. had alreadY loft his cQll and was almost free , when orders came to 1'0- fuse the ball and put Patrick back III his cell. Two days later Patrlcl ! was formally charged with the murder - der of Rico and held without ball pending a hearing. Event. > In Patrlcl/s case came swiftly - ly after thill. On April 9 Jones de. clarell that Patrlcle Imd admitted to his lawmrs : In Jone ! ! ' presence , that h had ItlIled Rico. On April 12 Pat. rick "all remanded on the charge of muraer , l'our days later , at a pro. . ' - ' . . . . . . - - 111I1In01r ) ' examination , he was h.fJld fori lho gral1l1 jur ) ' , I\tul on April : :5 : that lJOdy returned an Indictment ngalnst Patrlelr , rharglng him with mll1'ller 11\ the Irst degree. Next day Pat- rlele wa ! ! formall ) ' arrnignCll before Hecorder GaIT and remanded for lrlal. 011 Oclober 14 , when mal'O than a 'ear had Imssed slnco the death of Rice , Patrick's law'ers wont Into cOllrt lIud made n motion for their client's release on the ground that two tl'lal terms had passel1 without the 111strlct attorney bringing Patriel ; : La trial. This motion was denied. Palrlck was placOlI on trial for his life on the following January 20. Postponements came all l"ebruar ) " .1 I1tHl li , owing to the Illuess or .Turor .Tolm D. Campbell , nlll1 It was not until - til 1\I\I'ch \ 2G that the tI'lal ended with Patrlcl's cOllvlctlon. lImne. dlatel " following the anlloltncemcnt - - - - - - - - - - - - - PatrIck's next mo\"tI . 'M Dloro suc , cessful. 'rho court of Ilpponls Oil July 24 , just 1-1 lIa's be fore Putrlc1e was tc die , ! ; l'antel1 w. ! ! In ) ' of execution peUll. ing Il new hearlu ! ; aUlI re-argument on the grounds of newly dlscov01'ell o\ ' ! ' donee. This WIIS followed on October 2 b ) ' motion for ro-arg\lment of Pat- rlcle's origlnul appeal , Imt on Oclob01 27 the court of appcals decided agnlns ! Patrlel ; : by refulng ! to reopen his case I1ml denying the motion for rc-argu ment. On November 10 Patrlcl ; : nsl < ed the comt of al1\1ea18 \ to amend the record of decision In the case. 1IIs motion wa llenlel1. Matters began to look ' ; 1"I\ve. On JUly G Justice Hagel's called Pat. riel ; : to the bar In the crim1111\1 brnncll of the supreme court nlHl sonlollce him to 1I1e ill the wcek beginning .Tanu nr ' 22 of this ) 'ear. Then Patt'lci. mnl1c a lOrsonalullfJcal to Qov. 1IIggins for 0 sta ) " of exccutlon. 'rho allpclll was do. 5) . , clV'.fEc5 ( t1..ff" E4 TIIEf77EI1PTE.tJ c5I/IC/IJE. of the jUl'Y'S yer lct of "guilty of murder In the fist degree" Patricl 's law 'e : : ; flied notice of their Intention to niJ cal from the verdict , and to move for a new trial. Sentenced to DIe. Hecor er Goff called Patricl. to the bar 011 April 7 , and atter denying the mot 1011 for n new trial and another motion for the arrest of judgment , he sentenced Patrick to die III the electric chair III the week beglnnlnl : 1\Ia ) " 5. A notice of appeal was at once flied with the court of apleals. This acted temporarily as a stay of e ecution , and the dreaded week of May passed with Patrlcl. still alive. A delay of almflst three ) "ears followed - lowed , during which Patrick success. fully chcclm1l\ted e\'er ) " move made to end his life. Patrick's law"ers had six months from the date of the notice of appeal In which to present their case to the court. The six months exlred ) on October 7. 1902 , but on the day previous went before the court of appeals - peals and aslwd for an extension to January 15 , wllhln which to tlIe Pat- rlcl's aiIWal for a new trial. 'I'wo dn 's lat01' the court refused the alllIcation for an extension of tlmo. I . 'I'hls left the case In suspense. The. COUl't record stolIed ) with the court's refusal to extOlHI the time lImlt , which , by the way , had already ex- 1)lrld. ! The court of apeals ) , although It had stollpell the execution of Pat- rlclr , had no jurisdiction to fix a now date for ca1'l'ying out the sentence. Things were at a standstill. Patrlee } hrol\O the Ice on November 17 , 1902 , by filing a motion for a new trial. On November 2G the hearing of the motion before Recorder Galt was 1I0stiloned until Decmeher 5 , 'I'ho ) "eal' 1902 c10sed with Patrlcl. waiting - ing in his coil fOl' Recorder Goff to deelllo whether he woul11 grant the motion for a new tlal or not. New Year's ay , 1903 , found Patt'iclt anticipating all unfa vorablo decision from Recorder Goff hy prellnrlng an alilCal from the antlcllJl\ted decision. J 'l'bruar ) ' 9 ) ) assCll without the record. I'r's decision beln announced , and the court of appeals gmnted Patrlcle an extension of time under which to file his allpeal If 11ece38ar ) " . Onlarch 2 HcC'order Goff denied the motion for 1\ now trial. Patrlcl. Immedlatol ) ' illod his notice of appeal , and nothing more could he < < lone to. ward carr'inb out \h : > death sentence for another six months at least. The court of aplleals the following . June decldcd against Patricl" reCu.slng to grant a new trial and affirming the ju gment of conviction , Two dara later Patricle prepnred a new appeal for presentation to th , court of nppeals for It new hellrirtg and Ctrgumont. This time It toole the court of alpeals jUt three da's to decide against Plltrlcl.'G newest move. On .Tuno 14 his application was refused anl' the court IIxe he we ok or August 7 for his e tecutlou. , - _ . . . . . - . . . ' - . I , . , j tOmE 1't7/JP/y6 t'r ILLlctV l 'E RICE nled. Patrick then made a publlc ap , peal for "n square deal. " This was on Dccemher 2:1. : Tlmo WIIS getting shol'l anll Patrick's resources seemed ex. hausted. As n result of Patrick's appeal man pelitioUJ ! reached Gov. Higgins on De , cember 30 , aslting him to save Patrick's 1Ife. Patrick followell these with an- othN' appeal to the gOVel'l1or for a sta ) ' of execution , but this , too , the governor - nor rcfuse to gl'l1nt. When Januar ) ' 15 came anll Patrick's execullon was only lIistant seven ays , the govel'l1or granted Patrick an extension - sion to March 19 in order that he might presellt the testimony of the Texnn witnesses - nesses who CnnH ! to New York city 10.- . tel' to tell what Vaiet .Tones had told them about Patrick's innocence. Patrick waited until February 18 before - fore filing his motion for n new trial on the grounds of newly discovered' evi- dence. His fight for n new trial began before Recorder Goff on February 21 anll endeddlsastrOlIHI ) . , ono of the Texan - an witnesses being al'l'csted and sent to jail for perjury. On 1\1arch 12 , ono weele from the dat of execution. Patrlcle received anothcx reprieve , this time to 1\1ay 1 , and 011 r.la ) " 14 , with the day of execution om week away once 11I01'0 , GOIIlgglm granted a furthel' resilito to Juno 18. GOHlgghlS dealt Patrick 11. hare' ' blow on 1\1ay 30 by yetolng a leglslntiy ( hl11 pnsed at Albany which would have pcrmlttcd him to ohtaln easily a ne" trial on the grounds of newly dlscov. ered eYidollce , Another very harll blow came or .Tune 11 , when Recorder Goff hanrIcl' ' down a decision lIenylng Patrlcl 's mo , tion for a new trial. Patrlcl apparent , Iy hnd reached his last ditch. Ho waf to 1110 within a weel , . But on June 12 Il writ of error waf granted on his application to the Unit. ed States supreme court. This acted 1\1 a stay of exccmtlon and Is not returna. . ble until the October term of court. In his prolongell fight Patrick hai had the assistance of many celebratel attorne's , but almost every move madl hns heen at his own suggestion or tha of Altol'ne ) ' Bell Thomas , who has beel his most constant adviser , Publlc sentiment in New Yorle nai 1.Jn a reat factor in the case , Tha Hleo was murdered has been proved be YOllll all dO'lht. but many belleye thl millionaire's valet , Jones was the as sassln , Both Patrick and Jones bene fited in a pecUll'lar ) " way through thl death of Rice. During his stay In jail Patrick ha marIe hl1nself the idol of the prlsonerf. nctlng aEl their legnl advisor In man : cases. His Imowledge of the Jaw I pmfound , and many a crlmlnaJ , It i alleged , hns nttalned his lIbert ; Ulrough c1ever technicalities deviaed b : Patrlclt , The state's attorney's offic would be glnd to huve him lIberatell a t1le death sentence , so long delnye carried out. ' 1'ho case ! ! hews as perhaps never b tore in criminal history how easily I man of resources can evade punish Dlent for his mlsdee < < la. - Manna , the Bread. from Heaven ! FIFTII-In ClolIll and Pillar Series A STORY or Tnt WILDERNESS JOURNEY . or TUt IItDREW : PEOPLE , . tbe "llIabw.y aDd Oy" , . , " l'reaeber ( CopnlitM.IVIJe. " 7 the author. W.tI. CJ.on.\ Scrlr.tll1'o Authorlt ) . : Bxodu8 , chnp- or 16. - IlEHE WIUJ nol n 1ItUe mlll'mlll'lng when bel\utlful , refreshing - freshing BUm was left bohlnd. On every hmlll Was heard the 81)01 < onO . . . . . . - word or regret , \ \\O \ . . " " - . . : . . ' " IUlll the faces of . - . : ; the IIc01110 ns the ) ' . G " folcled their tents - 'r-t : nnd lacled them- q. Holves for the journey - . noy reHected only. too plnlnly lIle dls- ponte:1t they felt within. How doIlghtful hllll bClJn the short rest thoro. 'fhe cool water nnd the ( ndt of the duto palms hall seemell to thorn thc very acme of human comfort , und & . :3 they hall restell unllol' the /lhado / the ) ' hall tnllwd togeUler of the , llolllhtEl of the placo. After the long , , atlguing journey UCl'OSS the dry nnll parched wllsle ! ] slnco leaving Bg'pt the vlace had been 1I1te a perfect par- mUse , unci the ' Imd wonllered what Ule Promised Land mut ! bo If It was moro tt' be cJeslrod thlln thfu plnco of 12 eep , cool , inexlU\ustiblo wells of vater , nnd the great gro\"o of llRlm trees which not anI ) ' sheltorell from the aoarchlng rays of the hot sun , hut gave of their abundant fruits for UIO roC1'\19hlng of the loople. 'rho III'ovi- alon ! ! they had brought with them from l'gypt : , whllo wholesome nnd nbundnnt up to this time , were dr ) " und not particularly t\lpetlzlng , and so Ule rresh fruits of the Inden trees had been eagerly gathered and eaten with intense reUsh. All this hnd made the pcopJe content - tent to remain , and In the joy and satisCaction of the present 0080 and comfort they had ceMod to think of the Promlsod Land towurll which they were j < .ul'lleying. 'fhey had rojolced wIth henrts overflowing with gratltudo for the leading of the Lord which hud brought thom thlthor. They wore sure now the Lord had been , Uroctlng their journoy. They quito forgot Ule hard , ships and trials of the wny ever whlcl ! they hr.d C0I110 , and wondoroll how it could have been that they had e\'el doubted him or murmured agalnsl him. For while they I'estod there 1\1 beauUful BlIm it was easy to be joy. ful : uul to trust God. Dut at lUIt : when ono morning the , . Oloud urted and the trumpets blow and the orders were given for thl brenlting or tlie call1p , the peopil , loolced out dlsC'onsolateiy upon tIll atrotoh of sand and rocls lying bnrt I before them. Again tbo heat and till fatigue of the journe ) ' and the parch ing thirst which was poorly sluIced bJ the tepl water from the water bottles brought to them dlscomCort of bo ) nnd irritation of spirit , nud doubts aUl questlonlngs began again to creep intc their hearts. Was the Lord leading them aright after all ? Why need they plunge in t ( tJuch trying journey , when ElIm , the place of refreshing , was just hohhll thorn , and where they ml1ht abi o yel many llays ? 'rhus d.ld the people , quickly forget the gOllllness of tIll 'Lord , and oubt his wisdom as lu faithfully led them forward towards [ better country and a larger life. Dut ! lS though the discomfort of the I journey was noL enough to try then and maltO them murmur , when thl I people had selUed down In camp tlln . night after the long march , they dls I covorel that the provilons ! wore run ! nlng low. While at Ellm the ) ' hnd no I been conscious of the Im'lr , but no\ ' shut 111 on every sldo b ) ' the wilder I ness of ba1'l'en san s , and WIUl nonl of the fresh ates to tulO away till I dryness of their unleavened cal < CE ! they fud enl ' awalrened to a reallza r tion that mUe was left of that whlcl - they had brought with them fl'Ol ] Eg'pt. I t Just who first made the discover : . and soun ed the first note of alarm I not Imown , ! Jut in an incredibly shor ; space of time the cry spread through out the enUre camp and everybod. . was a8klng of his neighbor : 3 "How much hust thou in tll ) " lar , - Or ? . " 3 'fhis led to careful search , and as th - pcople came to understand how \"er Jaw Indeed was their supply of provl Ions , for no man hlld m01'e tha enough for another meu\ \ , the cry WII ) raised that. they would perish of hUll t gel' there In the wilderness , Confl : 1 slon and tumult tilled the camp. J the anger horn of the terror tuggln at Uleir hearts because of tllil calamlt which the peopJe saw 51.\1'ing them i - the face , they besieged their ruler : ) demanding of them -vhat shoul 1 - dono. - "Would to God we had lUed by t1 : ) hand or the Lord In the land C Egypt , " tbey crlod , In their cllstres a wrlnglr.g their hands In the Intenslt I , of their emotion. "In Egypt we dl yo lit by the flesh pots , ald did cat brea a to the full , but now ) 'e have brougl s us rorth into this wiltiorness 'to kl 'I t11ls whole Ilssembly with hunger. " ' 'I Thus did they cry out a lnst thel o leadet'8 unUi at last they were drive r to ssele the face of Moses and affil , before whom they I fd the mattQ showing how derporato was the SItUl 1- tlOD , aad how t tonlng the attltul n o ! th peoplo. 1- "Why , bad Wf1 not hastened to the _ Ur beHeve they woulll 11a\ . elan" " tin In Ulolr displeasure , " they < :1'10' ] , "rot' when they asltodlfl where rood wan C011llng from , wo could not Ivo thom aUswer. And noW what say- cst UlOU ? Hnth the Lord led un thither - er to glvo us 1\ prey to hunger ? " : 'los ( : & looltcd Into the fnces beCore him , srnrtlell nnd troublell , and nol n. 1Ittlo alarmed by this now crisla which had sUddenly opened before him. What answer could ho mhlto ? What 8l(1) coulll ho talte to allay Ulls tumult - mult ? 110 lenow not where fOOll could bo had ! He lmew onlr that the people were eallng of their last cnl < es , and that tilt ) cry of distress nacI been raised in the camp. Yea , nnd ho Imew thin ono thin more , for as ho raised his eyes from the darl < , dlslrustful faces hoforo him. the ) ' fell upon the Cloud which bov- ered in fnlthful uttendance over thom. und ho became conscious or the DI- vlue I'reSC)1ce ) and restful calm and conlldneo stole In u)1On ) his heart. Ho remembered as in nn Instant how when face to fnco with the crisis ( \t U10 Hell flea the I..orcl had dollvorod. 110 remembered - membored the wnters at Marah , sweet- enecl under the touch of the branches pointed out to him b ) ' God. He re- callell the wells ot water and the palm tl'ces r.t mltll to which the Lord hod so graclousl ) ' led them , o\'en whl1e the ) ) eollo were IlcclarlnJ. ; that the wlI- del'l1Co'ls was a dl'eluHul place nnd there was 110 phlCO where they could IInd 1'es t. t.And And as thosa recolloctlons crowdell in 1I1)on hi ! ! heart , ho tool ( new cour- age. God hlHI helped In times pnst , he would not full him now. With the confidence born of faith , therefore , he 1001.cd I1lnln Into the faces of the men before him und said , with quiet cheol'fulness : "Command that the peolle gaUler to- gelllel' botoro the Lord , for JIO has n messa. ! o for his pcople. 'l'hlnk not that he 1111S forgotten theo , or thnt ho w1\l \ Ict theo lWl'llIh here in the wll- dernC8s. IInst thou forgotten the de- lIve1'l\uce at Pihahlroth ? or the mlr- I1clo at ,1\urah ? or the llllcO to which ho led theo at BlIm ? Go , then , and call I hI ) peOIlo togetherl" Almost shamefncelUy at the searchIng - Ing l'ebulto , the rulers departed , aUll whllo they were malting Imown to the peole ) the mcsHuge of 1\oses , the latter - ter was bowed before the Lord , t01llng him of this new problem and rec lvlng from him thd solution thoreto. LlIto Sl1loUlclol'lllg volcano , Tcstlng fl'om lIB Ilrst olltbllrst of vlo1ence , tbo lIeolo ) gathered as they were bid , but It was IIlaln to see that bllml unbelief - lief i\l d shllt out from their vision all thought of possible dollveranco from the calamity which throatenell thom. With nothing but bnrren wapto on evol'y hand , whore was there food to be had ? No , now , not even God could deliver ? Dut 1\oses hnd summoned thom. They wOllld hour what ho had to say before giving way to the pont- UI ) passions within. The sun hall slink to rest , bringing ever the lanl1calo ! ! the shadows of the evening hour , and whllo the curth light Calls the Hoavonl ) ' light of God's presence - ence In the Cloud be lns to glow and cnst llH choerlng ra ' 8 ever that vust gathering. Unmoved by lIle sight , so hard In unbellof were their hearts , the people atood half sllUenly , but wlUmi attentive. Upon Moses' fnce , uplifted to the Cloud ancl reflecting its glory , there nhone a qlilet lIeace which subdued - dued the spirits oC the people as they hehel:1. Surely , Indeoll , tholr leader ha a message from God , they thought. "In the morning ye shull Bee the clary of the l.or , for ho hath heard ' ' ' fol' have not ) 'our 11lurmlll'ings , they been against liS , but agalnat the Lord , " Moses cried In a loud vol 00 , and to the fur outsitlrts of the gathered throng. . hi ! ! words were repeated by tholle placed aveI' the various divisions - sions of the pcoplo. "In the morning ye shall cat bread to the full , tor ho has sr.ld : "Dehold , I will rain broad fl'om Heaven for you ; und the people shall go Ollt and gather a certain rate every day , that I may prov them , whether they wll1 walle In my law or no. " . lIa1f doubting , half wondering , the peopie depnrt In allence , for none darPod question how this thing could come tIms3 , whlIe the glory of the I , Cloud shone round thom and the com- 1- man:1lug : words of Mosei sounded In their cars. 11 " 'In the morning ) ' 0 shall eat bread to the fUU , ' " the people re- y a poate , ] over and over again as they t staggered before the promise of the _ Lord. How could It be ? Yea , he had said it ahollld he rained from Heaven , y hilt how better could they understand , - thnt wonderflll thing. ' 1'he light bas only begun to redden o In the cast when there Is 1\ stir In the y camp of the Hehl'ew pcople. There has 1- come ono running crying that ItVIW n even so as Moses had eclared the II Lord lnd : said It shoulll be , and he 1 _ held out In hi ! ! hnn s a something 1 _ which loolw:1 : whlto and round Jike n coriander seed , for ho had In ready g I faith gene forth In response to Moses' y words. And soon the p oplo are eagor- I n Iy scattered over the surrounding coun- ! s , try gathering Ill' this now an strange 10 thing , und , I1H they retllrn laden with their new-follnd treasure , the ) " whls- pOl' cine 10 another : "Suroly , the Lot'll hath remembered f us , and glyen us to cat of brea from Hoaven. "Yca , " came the glad response , "now Id do wo know that there is none other It ; God Hko him In all the nations about II Now rlo we know that ho careth Cor hi p ple , so that even In the bl\1'NI places of the eLrth they are fed Cl are sll.llitled. ! " The Domb-Throwing Anarchist. Emllo Castclar , the great Span , statesman , once declared tbat bomb th10wlng anarchist Is a dOl e , orate , WIose brain has been OXt' , ' ro b ) ' debal1cl101 or ideas. "