Morning Oregonian. (Portland, Or.) 1861-1937, November 28, 1912, Image 1

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    TURKS I
ND1SPQSED
TO YIELD LIGHTLY
Fresh Picked Troops
Now Hold Lines..
PORTE'S ATTITUDE CHANGIN
Many Difficulties Appear in
Way of Armistice.
POWERS ARE MORE CALM
Danger That Europe Will Be Divided
Into Two Hostile Camps Much
Diminished Albania Pro
claims Independence.
LONDON. Nov. 27. The tension in
the Balkan crisis is sensibly relieved
by the news that the peace plenipoten
tiaries are continuing their negotia
tions and that Great Britain and Ger
many are working actively to secure
a peaceable settlement between Aus
tria and Servia.
According to one Constantinople re
port, the difficulties in the way of arranging-
a formal armistice are so
great that the negotiations are taking
the form of seeking a basis for peace.
The danger of the reopening of hos
tilities, however, is still serious. Ap
parently only an Informal armistice of
48 hours has been agreed upon and it
is reported that the Bulgarian forces
are moving closer to the Tchatalja
lines and entrenching themselves In
readiness to renew the attack.
Turks Stronaly Reinforced.
The Turks have an army of more
than' 100,000 and soon will have 130.
000. for the most part fresh picked
troops, behind the lines and It is cer
tain, according to all the correspond
ents, that they will give a good account
of themselves if the fighting is re
turned. tinder these circumstances, with
Adrianople and Scutari .still holding
out, Turkey Is little likely to show a
yielding altitude in the peace negotia
tions. The report that the Servians have
reached Durazio appears premature. A
wireless dispatch of today's date brings
the interesting news that Albanian in
dependence has been -proclaimed, that
the Turkish Government Is preparing
to depart and that the town of Durazzo
is accepting the regime without oppo
sition. Britain and Germany Aarreed.
What attitude the Servian army and
Government will assume toward this
development should afford some Idea
of whether, as reported, Servia Is will
ing to accept the suggestion of an
autonomous Albania.
The greatest weight Is attached in
the diplomatic world to the seemingly
authenticated report that Great Brlt
a'n and Germany are now acting in
cordial co-operation on the basis of
postponing all issues until after the
war settlement. A reassuring state
ment comes from St. Petersburg that
Russia and Austria do not desire to
fight over a port In the Adriatic.
Thus what appears to be an immi
n.nt danirer that Europe will be divided
into two hostile camps seems to be
dissipated for the time being at least.
PEACE OITLOOK BRIGHTER
Austria Has Not Demanded Reply
From Servia Within Set Time.
- -t x T . fT,'h r honlf Intr rftm
mittee of the Polish Club has Issued
. .i. i . UA Pnlae in iTnl toi ft.
a nouiicaiiu" ... -----
strongly advising against runs on the
. .... w CABturHav n
pan ks wnicn weie ue6 -
various pmi-To.
t. t -aa avnramiaq t Ylfk CODTlC1
tion on the strength of explanations
given In authoritative quarters that the
fears of a general war are unfounded
. . KA B.vmor nnapA tendency
ana mtn. ihc o. r -
is noticeable in political quarters. The
signs that peace will be maintained,
says the committee, are multiplying
dally.
The Politische Korrespondenz learns
tnat me Auairia uu t ......
. . i ..- Haitian t WT
mumcuLiuiiB ic5iuihs - , r
tory were begun by Servia, which,
. . 1 I ..... n . "i and ftt-
mrougn n iiinnoic ". . ...... , -
temptea io juomy
The Vienna Cabinet replied, giving
1- . I. - Afinla.A o T Ral.
Its views inrougn io .
grade, without asking for a counter
declaration, jncrnvio .
a reply was demanded of Servia within
a snort urac " 1 " 1 -
P HACK NEGOTIATIONS GO OX
Turkish and Bulgarian Delegates
Confer at Bnglitche.
CONSTANTINOPLE. Nov. 27. Nego
.. w Ha Tti,-lrl-h nri Bui
nations utiu ...... -
earian peace delegates continued to
dav at Baghtche. They were of a pre
liminary nature and will be resumed
tomorrow.
Oiman NizhI Fasha, the Turkish Am
bassador to Germany, one of the Re
gales, arriveu i v-.. ---
He had a prolonged itnerview with the
Grand lxier ana lumciiutuuj
e hA Ministers.
a. mrcLiufi .
Official denial Is given to a report
that the government ims ucwuc.
, . w . u na.HomTitiirv rerirne. The
ADOUBIt me j T, ,
report of the recall of the Austrian Red
Cross unit irora jurej
clared to be unfounded.
Tarrer of Girl Gets Limit.
KrtUWAI.K. O.. Nov. !7 Ernest
. . ..it.j wn veks tro of as
w r 1 1 :i . tun' ivv-.u . .. . ...
satilt and battery in connection with
the tarring of Minnie La Valley at
W est Clarksfield. last August, was sen.
fenced to six months In the workhouse
. . ine nf 1200 and costs, a
total of 1300. This was the extreme
EDUCATION IS TOO
NICE, SAYS GAYNOR
MAYOR. SAYS "REFINEMENTS"
CAN" COME LATER.
Talk About "Pedagogues" Vexes
New Yorker, Who Thinks
Schoolmaster Good Enough.
NEW YORK, Nov. 27. (Special.) "I
am still of the opinion that possibly our
education is becoming too nice and too
refined for every-day use.. My notion
of our obligation to the children of the
city is to give them a good, sound, prac
tical education. The refinements and
niceties come later. There is such a
thing as making education altogether
too exquisite and too fine."
Mayor Gaynor today expressed these
views on public school study In reap
pointing ten members of the Board of
Education.
The whole aim." he continued, of
the common school system ought to be
to bring out boys and girls fitted for
some occupation in life. If It does not,
it fails. , .
I have heard recently m connection
with an investigation of the department
of education great talk about peda
gogies and pedagogy. The word peda
gogical Is used right along. In Greece
a pedagogue was an old slave who took
children to and from school. He : was
not a teacher. We use the word for
teacher. I am satisfied to say school
teacher- and schoolmaster' and science
of teaching.' without bothering my
head with -pedagogue.' 'pedagogy,
pedagogical.' and so on."
The Mayor added: ,
The principal reason why the state
should educate children is that we are
governed by universal suffrage, and we
therefore should educate children so
they can vote properly."
WHALE OIL HALTS DUCKS
Grays Harbor Scene or Uniqne Sur
prise to Fowl.
..t, viw 97. (Sne-
ABE.BJJ.r.. -
cial.) Hundreds of ducks have been
... . vv tnr .Rev-
floundering Jn tne mw
eral davs, made unable to fly for any
distance by coating of whale oil.
which escaped from a tank owned by
the American Pacific Whaling Com
pany at its station at Bay City, near
kee . . i..t nrei1r a. landslide
louring si'" "
broke the drainpipe of the tank and
. n nil inroad
upwards or ia oarreio -
si...!.. Stinks were
over tne water. "'"F-"e
surprised and found themselves unable
r. .. i t make mat-
to fly in tne murmus. " --
n .n.ii their feathers
ters worse, i"
to gather In strings, and heavy rains
did not add to the birds' comfort or
appearance. Hunters who have at
tempted to eat the birds caught in the
oil have ueen sorry.
CANAL OPENING DATE SET
September 23, 1913, 400 Tears
After Balboa's Discovery.
. x-- 17 Arrnrdintr to
NEW , ,
Representative Fitzgerald, chairman of
the House appropriations committee,
the first ship to pass through the
Panama Canal will be sent through
that waterway, now fast
completion, on September 25. 1913. the
400th anniversary of the discovery of
the Pacific by Balboa.
ia returned from the
Mr. iuisci a
Canal Zone today at the head of a
party of nine memDers oj.
appropriations, commlt.tie. who made
the trip to the Isthmus.
Mr. Fitzgerald was enthusiastic over
the progress of the work on the canal.
CONVICTED POISONER FREE
Witnesses Disappear
. . 1 Vmy
Trial Is Being Ordered.
xrL-nr 1--MJT.- Nov. 27. Maurice M.
Lustig, convicted 30 months ago of
poisoning his wife anl long an uccu
t n "rteath house" cell at Sing
Sing, walked forth from court here to
day, a free man.
A new trial has been granted to Lus
tig by the Court of Appeals, but As-
. lTtnrnv Nott told
Bisiaui iJ'oniv. -
Judge Mulqueen in special sessions to
day that two of the most important of
i... hH rilsanneared
lue peuc b . - -
and he could not hope again to convict
Lustig witnoui moir ieiunuj.
n T.nctlir In leave Court
1Q Hliunnifi ......
Judge Mulqueen stipulated that he
could yet oe iriea ji i" uu" "v
nesses should be found. Lustig was a
private detective.
SALOON LICENSE $9000
Liquor Dealer Taxed at Hate of
$5.63 for Each Person in Town.
nwcuT Tnra TVTiw 27. Consider
H. 1 1, " - -
, m AvArv man. woman and
. . . . . v. .. i enn nwin h of Dewett will
have to spend 15.63 for liquor next
year if Fred Schlofeldt takes in enough
to pay his saloon license, .na u.
$9000 has been accepted by the Town
This does not include the 600 state
license. He will have tne exclusive
right to sell liquor in the town. He
paid 4200 for his town license last
year.
SUGAR BOWL DEATH-LADEN
Surgeon-General Says People Eating
Should ITse Tongs.
WASHINGTON, Nov. 27. Loaded with
heavily germ crusted.
the restaurant sugar bowl is as great
a menace to life as any anarchlstio
bomb ever hurled.
Holding this opinion, Surgeon-Gen-Bine
of the Public Health
Service, declares that proprietors of
public eating places should compel their
customers to use sugar tongs Jn remov
ing the sugar and never to remove It
with their fingers.
SECOND
CHANGE
PLATFORM FOUND
Bull Moose Mystery
Grows Deeper:
LONG PARAGRAPH IS ADDED
Government of Large Units
Idea Is Afterthought.
CHANGES PRIVATELY MADE
Striking Out of Clause Abned at
Combinations Supplemented; by
Addition of One Urging
Greater Unification.
MADISON, Wis., Nov. 27. (Special.)
A second mysterious change in the
National platform of the. Progressive
party came to light today in the in
vestigation of the "killing" of an all
important anti-trust declaration. The
new revelation was that a long para
graph in the printed platform appar
ently, was tacked on the plank, headed
"Commercial Development"
If the anti-trust provision had been
retained In the printed platform, it
virtually, would have nullified the point
and purpose of the new section, which
crept in mysteriously, so tne one ,was
removed and the other retained. -
Eliminated Paragraph Quoted.
The paragraph that was removed
follows: '
We favor strengthening the Sher
man law nrohibltlne agreements to
divide territory or limit output, refus
ing to sell to customers who buy irom
hualnesx rivals, to sell below cost in
certain areas while maintaining higher
prices in other places, using tne power
of transportation to aid or Injure spe
cial business concerns and other un
fair trade practices."
This eliminated clause was tne nnai
one of the "business" section.
Long Plank Interpolated.
Thi fnllowine- Is the .additional pro
vision whioh investigators found at
tached to the plank on "Commercial
Development":
"It Is Imperative to the welfare of
our people that we enlarge and ex
tend our foreign commerce. We are
nre-eminentlv fitted to do this because
as a people we have developed high
skill in the art of manufacturing, our
business men are strong executives,
utrone- organizers. In every way pos
sible our Federal Government should
co-operate In this Important matter.
"Anyone who has had opportunity to
trtudv and observe first hand Germany's
course in this respect must realize
f-nnfluHftrl on Paxe 2.)
f ' ' ' ' ' ' ' ' ' ' ' ' 1 ' ' ' ' T 1 ' ' ' ' 1 T " 1 ' ' ' ' ' . '
TWINS FIRSTBORN
OF BRITISH LORD
NOBLE WITH AXXUAL INCOME
OF $1,500,000 IS FATHER.
Lord Howard de Walden, Soldier,
Poet, Yachtsman, Dramatist and
Sportsman, Is Young Husband.
LONDON, Nov. 27. (Special.) Twins,
a boy and a girl, were born to Lady
Howard de Walden today. Such an
event In the case- of firstborn children
is rare In British aristocracy.
Lord Howard de Walden. soldier,
poet,- yachtsman, killer of big. game,
dramatist, composer, musician and all
around ' sportsman and one of the
wealthiest In Great Britain, married
Miss Margherita van Raalte, oldest
daughter of the late Charles van Raalte
at the parish church of St. Marylebone
on February 19 of the present year.
The wedding was a quiet affair.
Lord Howard de Walden, who before
his marriage and even since rarely fig
ures in society, has an income of $1,
500,000 a year. He is about 32 years
old, while his wife was just 21 when
they married.
The wedding was the outcome of a
vohtlnar romance. The young peer be
came acquainted with his wife while
cruising about Brownsea Island, which
la owned bv Mrs. Van Raalte.
In literature and the drama Lord
Howard de Walden figures under the
pen name of T. E. Ellis. He wrote the
libretto of the grand opera "Children
of the Don," which was recently pro
duced In London.
WOMEN JURORS EXCUSED
Prosecutor Says It Wonld Bo "Un-
g-allant" to Require Service.
PITTSBURG. Kan., Nov. 27. On the
motion of W. P. Morris, Assistant Coun
ty Attorney, that it would be "ungal
lant" to allow women to sit In the trial,
nine women jurors Impaneled yester
day in what Is known here as the
"Enoch Arden" case were released to
day In the court of Justice Pomeroy,
and a jury entirely of men "Impaneled.
The case is that of Antonio Grover,
In which Antone Bognu charged Gro
ver with improper attentions to Mrs.
Bognu.
"This is a mean case for anyone to
handle," Attorney Morris said, "and as
men, gallant men. we should not ask
women to try It." .
KLAMATH FALLS UPHELD
Judge Benson Would Have Evidence
of Xegal Election. ,
. . . ..tr ' '
KLAMATH FALLS, Or., Nov. 2i.
(Special.) In the case of Rabbes and
Leonard against the Mayor and City
Council, asking for a mandamus de
claring the commission form of charter
legally adapted at the last city elec
tion, today Judge Benson sustained
the demurrer of the city on the ground
that there was not a sufficient showing
as to whether the election was a legal
one and on other minor defects in the
complaint. The Judge gave the plain
tiffs five days in whioh to amend their
complaint. When this is done, if the
complaint is found in proper form, the
case will proceed to trial.
ti. . o-r-a-nA inrv Yirnhahlv will Tot re
turn any indictments before Friday
night, and perhaps not until Saturday.
DEFENDANTS MUST
14
Shake-Up in Dynamite
Cases Ordered.
LAWYER REBUKED BY COURT
Indemnified Bond Declared
Against Public Policy.
REASONABLE TIME GIVEN
President and Vice-President of
Ironworkers' Union Escape by
Quick Readjustment Holi
day Is Ttcspccted.
INDIANAPOLIS, Nov. 27. On th
ji iu t Via rvrnspnt bonds, aggre
fiiuui" ...w -
gating $105,000. were Indemnified and
therefore invalid, 1 of the 4 oeien
dants in the. "dynamite conspiracy'
trial were instructed by the court to
j. ,. "within a. reasonable time1
they must procure new bonds or remain
In Jail during the Intervals oein
f the trial.
The court said that as it was on
the f h. holidv he would not en
force his Tullng tonight, in which
fnr the defense said the
defendants must inevitably have gone
to jail, for new bonds could not De
had on Buch short notice.
Three Defendants In Jail.
Thru nthcr defendants, Herbert S
Hockln, Indianapolis, and Edward
Smvthe and James E. Ray, Peoria, m.
have been confined In the county jail
i , tnilv of Federal officers for
several days because they were unable
to furnish bonds aggregating JIB.ooo.
t ih nririiment over the point,
Federal Judge Anderson accused Al
fred R. Hovey, of the defense's counsel,
nf heine- "insolent" to the court, add
ing: "If you repeat the offense Til put
irmi where vou will need some Donas.
At first District Attorney Miller In
cluded Frank M. Ryan, president of
the International" 'Association or uriage
and Structural Ironworkers, and John
T. Butler, vice-president of the union.
-mrmn- those whose bonds, ne saia,
were indemnified, but later attorneys
for them announced that the indemnity
had been withdrawn and the bonds
men alone were responsible for the ap
pearance of these defendants.
Limit Placed on Llberty.-
Mr. Miller intimated that some time
before next Saturday might be the
limit upon which the men may remain
at lihortv on their present bonds.
Judge Anderson ruled that a bonds
man who was secured against loss,
( ConcI uded on Page fi.)
GIVE
NEW
BONDS
PRINCESS' SCHEME
OF ECONOMY FADES
NEW YORK COSTS $3 A MINUTE,
NOT WEEK.
Still, Says Yonne Collorcdo Manns-
feld, of Austria, Every Moment
AVas Enjoyable.
VEW YORK. Nov. 27. (Special.) On
board the Cunard liner Mauretanla,
which sailed for Liverpool today, was
Prim-ess Yonne Colloredo Mannsfelu, oi
Austria. When she arrived three weeks
ago with her mother, the Countess
d'Etchegoyen. she declared she was go-
iiis to live while In this city on 3 a
week. She engaged a suite at the
Ritz-Carlton and attended the Horse
Show several times. Just before the
bie- steamer sailed she was asked it
she had limited herself to $3 a week.
The Princess laughed and replied:
"No. It cost me 3 a minute."
Then she added: "But I enjoyed every
moment. I think men of 'America are
interesting. In fact. I find wherever
I go that men are much more interest
ing than women. I like the men of
America because they are Intellectual
and are full of vivacity. You may rest
assured that not a long period or time
will elapse before I return to this
country."
SCHOOL ELECTION IS VOID
Judge Kules Vote In Junction City
Proposition Was Irregular.
EUGENE, Or.. Nov. 27. (Special.)
Efforts to organize a union high school
lotript Trrith Ttmotlnn CMtv as the cen
ter, have for the present failed, due to
the decision yesterday of Judge L. T.
Harris, who holds that there were Ir
regularities in the election of last
Spring sufficient to Invalidate me pro
aatn.a TiiricA Karris finds that in
two of the school districts which it was
proposed to incorporate in the union
district, there were not sufficient legal
signatures; that in others the notices
faded. out too soon and that there Is no
proof that some of the required notices
were posted as required by law.
Jens Nelson, Edward L. Ay era, James
pni,F.t t t itIt-Vo w. vt. Bowers and
S. L. Jensen are, therefore, held to be
without powers as directors oi ine pre
tended union district, and are required
to pay the costs of the proceedings.
Junction City High School became so
crowded with pupils rrom mat cuy ana
u ..,n,,n.llnir Histrfrta that the Junc-
I 11 pui 1 uul.u.'Tl ' - "
tlon'officials decided to take advantage
of the union high school plan as the
best solution. Considerable opposition
developed, however, and everyone of
the outside districts returned negative
majorities on the proposition, but were
overruled oy tne larftcr io.v..i nmo .
in.it. in .Timotlon Citv. Tho conse
quent litigation has Just been settled. ,
MEDFORD TO HAVE MATRON
Woman Police Will Be Paid $75
Monthly by Club Members.
MRDFOHD. Or.. Nov. 27. (Special.)
Medford is to have a police matron
and the women of the greater Medford
club are to pay her salary. This was
a decision reached at a meeting of the
club today when a committee reported
that the city fathers, while in favor
of the idea, declared they had., no
funds to devote to that purpose.
The salary will be J75 per month
and the women plan to raise tho funds
until the new city budget is prepared.
The duties of the police matron will be
to look after boys and girls on the
streets, see that the curfew law is en
forced, attend upon any feminine in
mate of the city jail, see that the
sanitary laws, particularly regarding
tho meat markets and bakeries, are
enforced and in general discharge those
duties which come witlln the peculiar
province of a woman peace officer.
BUMP ON HEAD IS SEVERE
Vanderberg, Hit by Elevator, Falls
Two Stories, Lands on Skull, Lives.
A freight elevator descended on
George Vanderberg, a mason living at
First and Mill streets, and hit him on
the head, he was thrown Into the ele
vator shaft and landed 25 feet below,
on his head, and material from the
elevator also landed upon him. yester
day afternoon, but Vanderberg sus
tained no further hurt than a cut In his
scalp and a skinned ear.
Vanderberg was looking down the
elevator shaft of an apartment-house
under construction at King and Davis
street, thinking the elevator for freight
supplies was below hlni. It was above
and descending, it struck him on the
head, throwing him two stories down
into the basement of the building,
where he landed squarely upon his
cranium.
He is expected to be out of bed in
two days and to leave the Good Samari
tan Hospital In a week. Doctors who
attended him are surprised that he Is
not dying from skull fracture.
FIVE CARS GO OVER BANK
Two Killed, 22 Injured In Wreck on
Pennsylvania Near Philadelphia.
PHILADELPHIA, Nov. 27. Five
sleeping cars and a day coach were
hurled over a 20-foot embankment at
Glenloch on the main line of the Penn
sylvania railroad shortly before mid
night tonight
It is reported that two persons were
killed and 22 Injured
SNOW COVERS NEW YORK
Northern Part of State Swept bj
Storm Almost Like Blizzard.
WATERTOWN, N. Y., Nov. 27. Snow
in some sections 24 Inches deep cov
ers Northern New York State this aft
ernoon, as a result ofa storm of al
most blizzard proportions that raged
throughout the day, greatly hampering
railroad traffic.
About six inches of snow has fallen
here.
ALBERT T. PATRICK
PARDONED BY OIX
Governor Doubts Fair
Trial Was Had.
"AIR OF MYSTERY" IS NOTED
Hope Is Expressed Prisoner
Will Obtain Vindication.
REMARKABLE FIGHT MADE
Death of Millionaire Rice In 1900
Followed by Battle for Freedom
by Lawyer Noted In Annals
of Criminal Trials.
ALBANY, X. Y., Nov. 17. Albert T.
Tatrlck, who Is serving a life sentence
In Sing Sing prison for the murder of
William Marsh Rice, an aged million
aire. In New York City on September
13, 1900. was pardoned tonight by Gov
ernor Dlx.
Patrick, who was saved from the
electric chair by the late Governor Hlg
glns in December, 1906, has made a re
markable fight for freedom. A lawyer
by profession, he protested when Gov
ernor Hlgglns commuted the. death sen
tence to life imprisonment, declaring
the Governor had no legal right to can
cel the original sentence and Impose a
punishment of life Imprisonment. N
- Dlx Notes Air of INyatery
Governor Dlx announced that he had
pardoned Patrick, just as he was about
to leave the capitol for the executive
mansion.
"There has always been an air of
mystery in this ' important case," ho
said. "Quoting from the. opinion of
the Court or Appeals: 'The atmosphere
that surrounded the defendant showed
that a fair and impartial trial was
scarcely possible.'
"I trust that Mr. Patrick will devote
his energies to a complete vindication
of his declared Innocence.
"During the past year I have given
much consideration to this case and
am convinced that the defendant is en
titled to have a full pardon.
rromlneat ,lfo Join In Appeal.
Governor Dix said Superintendent of
Prisons Scott and a score of prominent
ni-nn annealed to him in Patrick's
behalf. The pardon was mailed tonight
to Warden Kennedy, of Slug Mng, ami
Patrick may be released tomorrow
upon Its receipt.
It Is said Patrick's plans are to leae
fnr St. Louis, the home of John T. Mil-
Ilken, his brothor-in-law, but may re
turn later to New York as & claimant
rnr th millions left by the aged man
with whose murder he was charged.
Mr. Milllken aided Patrick in nis
fight for freedom, and, It Is reported,
will asBlst him in his efforts to prove
his innocence.
Hope Never Abandoned.
At no time during his long incarcera
tion In Sing Sing, four years of which
wor- snent In the death-house, has
Patrick given up the hope of freedom.
Letter after letter has been receiveu
at the executive chamber urging that he
be pardoned, and each succeeding Gov
ernor since Odell has been requested
to extend executive clemency. Gov
ernor Hlgglns was so Impressed with
the prisoners plea that he granted
him three respites and eventually com
muted his sentence from death to life
Imprisonment.
Patrick was charged with having
brought about the death of Mr. l'.lce.
not by his own hand, but tnrougn me
agency of Charles F. Jones, a valet
employed by lUce. It was principally
upon the testimony 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 in Texas.
fiullt Doubted by nlgfflna.
In saving Patrick from the death
chair, Governor Hlgglns gave these
reasons:
"It is not contended that Patrick
committed the murder in person, but
that he procured the act to be done.
He has been convicted principally
upon the testimony of Charles F.
Jones, who confessed that he mur
dered his master while he lay asleep,
instigated by Patrick and Jones by
this testimony has purchased his im
munity from trial and punishment.
"Neither this fact alone, nor the re
view of any question of fact already
passed upon by the courts at some
stage of these proceedings would
seem to warrant interfering with the
judgment of death pronounced against
the defendant; but three of the Ave
Judges of the Court of Appeals were
so Btrongly of the opinion that errors
were committed at the trial which
were substantially prejudicial to the
rights of Patrick that I feel that the
death penalty, under the circumstances
ought not to be Inflicted."
Flrat Conviction Affirmed.
Patrick was sentenced orlglnully
April 7, 1912, to die the week begin
ning May and was immediately
taken to the. 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 application for a rehearing
and fixed the week of August 25. 190.-1.
as the date of execution.
David B. Hill argued Patrick's cae
(Concluded on Page 2.)
1
ocnalty;
107.5v