The evening world. Newspaper, June 9, 1905, Page 3

, Words, (STORY OF HOW PATRICK Pomioyts et After Fighting His Conviction Inch by Inch Man Who Killed Millionaire Rice Is Defeated in State Court of Last Resort. BROUGHT TO THE GALLOWS BY VALET’S TESTIMONY. Only Condemned Murderer Who Was Ever Allowed to Listen to His Case in Court of Appeals—Miillions Involved in Rice’s Will. MRS. ROGERS MUST DIE ON THE GALLOWS Judge Peckham at Albany Denies Writ of Error to Vermont Woman, ALBANY, June 9—Judge Rufus W. Peckham, of the United States Supreme Court, to-day declined to grant a writ of error which would allow the case of Mrs, Mary Rogers, of Vermont, now under sentence or the murder of her husband, to gu to the United Etates THE RICE MURDER CASE AT A GLANCE. W. M, Rice was murdered Sept, 28, 1900, Charles F, Jones, his valet, and Lawyer Albert T. Patrick were arrested on Oct, 4, 1900, They were both indicted for forgery and for murder, Patrick’s trial for murder lasted nine weeks and threo days, be- ginning Jan, 20, There were 102 witnesses—elghty-six called by the prosecution and sixteen by the defense. The record includes 1,500,000 words of testimony; also 288 exhibits 1204 by the prosecution and thirty-four by the defense, The trial cost New York County about $80,000 and cost the defense about $25,000, plus counsel fees. The estate of Wiillam Marsh Rice, which furnished the motive for ithe crime, is worth between $6.000,000 and $8,000,000. Patrick’s jury took less than three hours to convict him. The juries in the cases of Carlyle W. Harris, Dr, Robert Welsford ‘Buchanan, Dr. Meyer and Roland B, Molineux, all convicted of murder by poison, took much longer to agree upon a verdiat. \ ALBANY, June 9.—The Court of Appeals to-day, by a divided court, swoting four to three, sustained the lower courts in adjudging Albert T. Pat- rick, the New York lawyer, guilty of murder, first degree, in causing the death of Millionaire William Marsh Rice, On April 7, 1902, Patrick was eonwicted on an indictment charging him with the murder of Rice by chloroform and mercury, administered to him during his sickness on Sept. 2, 1900. The case reached the Court of Appeals on March 14, this year, when David 8, Hill, who appeared for the appellant, based his argument for @ reversal mainly on the contention that the condition of Rice's body, re- wealed by the post-mortem examination, might have been caused by fluids used in embalming. Judges Stood 4 to 3, foterminati being admitted, if ‘The prevailing opinion is by Judge He iracenee atone ae alent Gray, with whom concur Judges Bart- leone) poi possible from the ta lett, Haight and Werner, There is a | °lo Ajasenting opinion by Judge O'Brien, Chief Judge Cullen and judge Varn concurring, Chief Judge Culler fling also & memorandun, ‘The acoused was a New York law- Natural Death Incredible, er a review of the evidence the pmpion continues: well find upon the 'The jury i Pe evidence death wee not the result of natural causes, and that it was et and has succeeded in postponing | duo sume oriminal’ eponcy.. They the ultimate decision of his fate for gota’ well, gonclude that Seen enh over three yeuts ihe cppley a acu- and (that, in sured ot, the matical men and resourcefulness t has ex- Inions, ‘M co' ly be. accou: lor cited the wonder of the members of |a# having tmppened in, amet vieetied the bar and the public at lange, Tho | {0 ,by Jones: the ‘nhl oroforn opinion ‘of the court, written by Judge| wus sleeping Ihe mated in the rautapey Feat eed te conditions Rn wre and 1 chat “optntan, | Torily ‘nosounted fore teat by onions: rhe Andine of meroury In, the body corroborated Jones Rts havi Cway,-is very exhaustive, reviewing ¢ formidable record In every detall and containing upward of sixteen thousand Judge Gray cots forth that the theory ef the people was that the defendant had conspired with Charles F. Jones, the valet, or, oa sometimes called, the secretary, of Rice, to kill Rice and that the defendant procured Jones to administer chloroform to him while he wes asleep in the accomplishment of their joint purpose. This purpose, they may, was motived by the desire to ob- ‘tain possession of Rice’ a will in favor of the defendant and ‘through vartous transfers to him of jes, to weaken his system. “T think that the verdict rested uy Panatentory. Syidence a ‘the truth I of Jones’ story and of the con- nection of the defendant from the in- Septon to the close of the . The ju in be f inoenevng tal fo in by themwelves, y to the stendant's was the mtad tet (i “Tt was not claimed," sald the Judge, | Soncelved “thet Patrick personally committed the murder; for the prosecution hed the voluntary soareeeion of Jones that it ie wre indus id onlrainat' net ena indi toed | et commdéaa|o1 The lence, ie: | pendently of “Bie tewtimony ‘of the ac- FRuent with a cruching st cetendaat ta, the de- iorats Burmese to Chat pe tie als he might dingentng hat ma- 6 eee prmieta lesa i fhe trial op aa, orper ex: opinion hones id oann er Ws area a ‘when, the Imaplioation and aide # put the defendan: rea Bore saw, if he alded Prewent or rectly "or indirectly, di, 1d 01 hi to | Lhe awency eon ef aided iedvor, het Thduced ere she shetiad troum- veda! io outticlent for thelr KILLED A. MILLIONAIRE, Albert T, Patrick's case will go into criminal history as one of the mont re. markable murders and murder trials of the age. The evidence adduced name rt T, Pat jon of tho Vin the nai ok, al attention: of @ bank fn ine rao and led to an 10s race) iG vel the opinion or ‘iminal wyers he Court o} ee wet but olan, whion Ne holds @ ston, fe x4 = Maly y aprained of date yea maeterplees In. Grime. , as had moved ae Yo from Texan, where he ner mt fortune of milli apartment at No, ladison ue, end Ml) ey, Yolen, hom he we i valet, iach rought given mercurial piiie to. eene naan thou it | ont Court. This decision maar1s that Mfrs, Rogers | must die on the gatows Juns 3. | Her only hope és in a further reprieve by Gov. Bell, of Vermont, but the Gov- ermor to-day stated emphatioally that he wou!) not further intervene in tho jease, and that the law would nave to take its course, Friends of the prisoner therefor epee no «hance of saving her, although a final plea will be made to the Governor | to put off the hanging until the Legis- lature can consider an application for her pardon, The motion before Judge Peckham was made at the Judge's office here to-day by Lawyer F, M, Butler, counsel | for Mre. Rogers. Mr, Butler argued that there was a Federal question involved from the fact that the Vermont laws provid~ fo meane for a retrial of Mre, Roses upon newly discovered evidence, The highest court of the State had refused a new trial, and since the Leg- islature, which alone has the power to He held thet the State court should not have fixed the date for execution until after the next meeting of the Lepigiature. MIDDLEBURY, Vt., June 9—Gov. Charles J. Bell, who was in Middle- bury to-day, when Informed of the de- olgion of Jud; cham, mate the fcl- towing statement: “My etand In t.e Rogers case le precieely the same to-day ae when | first reprieved Mre, Rogers. Under the law | wae obliged to grant the e.cond reprieve. Now that the writ of error hae been denied the law must take Ite course.” fegal interests, Patrick placed an ad- vertiwement in a ‘New York new: er penne for Information i ve, Thus they became acquainted, and Jones, wh had a. powerful. Influence over the old millonatre, Introduced Pat- Mek into the household, . What Aroused Suspicion, m Rice on Sep’ 3 potay vatier smadnten 2” Olin open: ininene that day Albert at. tek” Hi ed at th pan tise Of } M. Bwenson & ap aval sersh ov Wo heck ‘Able to oheclin a and appar- Rice. at the bani house, Mand ‘no. suspicion attached to re ghecks until w olerk noticed the mise spgiied word on one of them He called a she, Bice apartinents fa it, a 1s at the t's elbow, Jones sald nothin, et to the bankers until the Sa iecet upon talking fo, the miliionalre, ‘Then Jones palled, up Patrick ft Yersation with them called up Swenson ff Bons ie and told them m, that Rice fad just led, when, when, ade matter of fact, snitly: Hy pening the signature of Mr, ‘ati known jabs l} eens, The funeral was stopped and Autopay wi was i of the id Dr. Witt Alscovered’ the viscera traces “ot Patrick and Jones were ar- meroury, Nina {t_was discovered that Patrick rest hel checks tor $20,000 signed by Rice, and In existence by an mernite the effect th, ; HRA, was fae 1 ho was made thi a tee oot more than, 85,000, 100. Pe took the place of one m in 1896, which left ine, bulk of the oatate to relatives and to a fund to found the Rice Inatitute at Houston, Tex. Patrick had covered LAR tracks cley- erly and the detectives made little prog- let. consented that under Patrick's direction ihe had slowly poisoned Rice with meroury; tha the old man died hard, and that anally he was chloroformed; ‘that Meatgnment and Patrick will Were for: A: ft Plotted to selse the whole Rice eetard, Valet Now in Tex: Jones, the valet, after his confession made reveral attempts to commit sul- clde, He was kept in hiding by de tectives empboyed by the Mlatrict-Attor: fon any months and a constant At pardon, will not meet until October, | 1908, the only recourse ts the United States Court, UNG | pelligerents' reapective capitals that it MIKADO STOPS WAR WHILE CZAR TAKES Armistice Practically Declared, Oyama and Linevitch Both Having Been Ordered to Halt Bloodshed in Manchuria Un- til a Decision Has Been Reached. (By Assoclated Pre: ST, PETERSBURG, June 9—6.10 P. M.—A council of Ministers presided over by the Emperor in person was held at Tsarskoe-Selo this afternoon to discuss the situation in regard to the present developments, The Czar’s brother, Grand Duke Michael, who has arrived here from Berlin, is believed to be the bearer of a personal message from Emperor William advising the conclusion of peace. Ambassador Meyer was in constant communication with Washington | led to the Foreign Office, where he had half an hour’s earnest conversa: mitted to him. Extreme reticence continues to be manifested, but it is apparent | that the great announcement for which the world is waiting will not be made from here or from Tokio, but from Washington. It is not likely to be delayed beyond Monday at the latest. No | hitch has occurred and the outlook continues favorable to peace. The French Charge d’Affaires M, Boutiron, the German Am- | bassador Count von Alvensleben and the British Ambassador Sir Charles Hardinge were among Ambassador Meyer's callers this afternoon, The Government is plainly preparing the public for the announce- | ment that the Emperor has decided to conclude peace and that the negoti- ations have been begun by permitting the publication of all the foreign despatches bearing on the subject. In well-informed circles it Is believed that Japan has already ine structed Field Marshal Oyama to stay his hand, pending the result of the present tentative negotiations, and that Gen, Linevitch has also been confidentially advised of the situation. Nevertheless the irreconcilable remnants of the war party are believed to be urging the Russian Commander-in-Chief to assume the offensive in the hope of achieving a victory and thus change the Emperor's present dis- position in favor of the conclusion of hostilities, If such an intrigue is in progress {t has no chance of success, It can be assumed that there will be no further bloodshed in Man- churia until the belligerents have decided whether it Is now possible to agree on peace terms. 'The Government in the present emergency is acting with great wisdom, It is preparing to time the proclamation of a National Assembly with the announcement that peace negvtiations have begun. The committee of Minieters is hurrying through its examination of the Bouligin Rescript Commission's project for the Gosudarstvennala Duma, “Imperial Duma,” scheme already outlined in these despatches, its consideration having com- menced yesterday and continuing to-day, yidence accumulates that President {sion of a limited armistice and a selec: Roosevelt's efforts In behalf of peace | tion of a place for the future negotla- rted by practically every | tions, and the plenipotentiaries In the eee Rie by ihe transmission | opinion of the diplomats will make the he |Next move, as jt is not believed that through thelr represontattyog ore it [Japan will’ divulge her terms until the plenipotentiagies ts The Ambassador of ono of the great Wuropean powers expressed the opinion to the Associated Press that “the ex- changes would not ocour either at ‘Washington or at any European capl- tal, but upon the battlefield in Man- ohurla, 1s the solemn conviction of their re- spective Governments that the time has arrived for, the warring countries to ecnelude péace. The President's endeavors seem lim- {ted to bringing the plenipotentiaries of Russia and Japan together to arrange the preliminary terms for the conclu- BROKERS CORNER MAN ON (CHANGE FOR “RAFFLES.” Mistake John Belling, Physical Instructor, Who Was in the Visitors’ Gallery, for Mystertous Personage Exploited by The Evening World, and Fail to Land $100. Tt was nip and tuok, ‘They reached him together. Each stuffed into his hand a plece of Paper on which was scribbled, "You are the Myaterlous Mr, RaMles of The Evening World.” Mr. Belling denied that he was Mr. Raffles, and the market fell off half a point, AN of which proves that they looking for easy money on the Exchange, Business must be dull on the Btock ange. one Bolling, a physical ewlture in- structor of No, 10 Kast Forty-second street, went into the visitors’ gallery to-day to see the bulls and bears do tricks, He wore a smooth face and a brown derby hat. In a few minutes he saw that he was attracting a great deal of attention, A couple of hundred brokers were standing in the middle of the Exchange floor gazing at him and shouting words ) he could ngt distinguish. are lenly two messengers appeared In ift ineauiey yeh) hase ‘a dash for him. l Lif ter ning GIRL DIES ON TRAIN. Unto the Cook When your POSTUM ie not Black and Rich with a Good COFFEE SNAP op Victim of Disease, Miss Jessie Bishop, twenty-one years old, of Woodbury, N. J., died euddenly to-day while aboard a train just before entering the Grand Central depot, Her death was due to heart failure, to which she had been subject for'the past Mine Jena! UP PEACE TERMS this morning. He received a long cipher despatch and soon afterward hur- | tion with Foreign Minister Lamsdorft’ concerning the information trans. | Btock | WOMAN LEAPS TO DEATH FROM STEAMER DECK Passenger on the Hartford Jumps Into the Turbulent | Waters of Hell Gate, A woman who boarded the steamer Hartford at Hartford, Conn., last night to come to this city jumped overboard to-day as the boat wae passing through Hell Gate and was drowned. She gave the name of Listner to the purser when jshe paid her passage money, but ni to say whether she was marrie ingle. The woman took @ berth in the general stateroom, where th were about a score of other passengers. Her bagwere was placed in the berth and she re- mained on deck until late in the even- Ing, Little attention was paid to her by the officers of the boat, however, and It 19 not known whether she retired or not, The appearance of the berth indi- cates that it was not slept in, There waa nothing in her ‘bageago to sive any clearer clue to the identity of the woman than that her name was Listner, A card of n Harlem woman was found in the pocket of one of the dresses of the missing woman, The po Ice refused to give the name of the woman, but a detective was sent to question her on the chance that the | Hartford woman had written to her and was on her way to make a visit. papas ets |\THINK THIS GIRL WAS THE SUICIDE. HARTFORD, Conn., June 9—Leah Leltman, @ girl of nineteen years, wee & Passenger on the steamer Hartford for New York, yesterday, She had been employed an n tailorese tn a local de- partment atore, and boarded at No. 969 Windsor avenue. At thet address {tt was mie the girl had recently tost loyment, and wae ving to New York taal hat ater brother. 18 conned! ° an Forward. It Je ell ey 6 aly thait she nves the girl who lea the deck. No reagon for sutctde i “cnown to her friends here, FOUND DROWNED WITH FEET TIRD. NORTH KINGSTON, R, I, June 9.— The body of a man with feet tled and with an overcoat on, in the pocket of which were two window welghts, was picked up near Quonset Point to-day by Leland Shippee, a fisherman, The tndy had deen in the water probably for about three weeks, There wae no Indication of foul play. Tt ie RUE da the body Tomy be that ot Her! Gunn, formerly of Brat- tleboro, Vt., who has been missing for about two weeks and who, on the of palling from Now York to Provid: on a e#teamer, wrote a friend in Br tleforo siying he should drown himeelf in Long Island Sound, ———— SPEED TRAINS MAKE GREAT RUNS, HARRISBURG, Pa., June 9%—Two mpeed trains were run over the Penn- sylvania Rajlroad to-day. One train started from Altoona at 7.33 A. M, and arrived at Harrisburg at 941 A. M. making the run of 183 miles in 128 min- utes, On the Philadelphia division the sec- ond train left Girard avenue, Philadel- Dhia, at 10.16 und reached Harrlabur at 12.05, making the distance of 10. Milles’ n 100° minutes whan average speed of the first train @ fraction over 62 miles an ‘hour, aad that of the second train 56 miles an hours The second train had a det iy tion of eleven minutes due to Bach train had five Renan yen a alt: road couches, the of which Is equivatent to that of i a Soro sed new flyer between New York and Chicago, witch will have a combination car and parlor, sleeping and dining care, Did Jacob Finelite, old and rich, with a family of grown-up children, marry ¢leven-year-old Lena Stark, as the sitt, her mother and a Gosen witnesses say he did, or is he thy vistim of a con- sptracy? ‘This case of the wealthy old real ewtate dealer and the mere ohlld of humbdlq parents who claims to be his wife, and whose contentions are seem- Ingly corroborated by overwhelming evi- Genoe, is one of the most remarkable that has come up in the local courts in years, It was e pitiful ploture that the unfortunate little child and the white- haired old man presented in the Jeffer- son Market Police Court yesterday when the ohild and her mother de- manded thet Finellte do something toward tho litte girl's support, a aituation ao unprecedented that Mag: {strate Finn could not decide what to do, and 90 adjourned the whole matter until next Wednesday, when it will he taken up in privete, _ Story Told by Mother. Mra, Btark, the mottvr of the alleged ohild wife, gave The Evening World the following account of the events lending up to the marriage of her daughter to-da: “Bome years ago, when Lena was a Tere baby, we lived in a double house in Baxter street, which waa owned by Mr, Finellte, He had « clothing store there and employed my husband a From the time Lena was a baby Mr. Finelite was very fond of her, He made @ great fuss over her at all tines. “Six months ago Mrs, Finelite died, and we left the Finelite family. It wasn't long before Mr. Finelite came to me and sald that he would like to have Lena come to the house and take care of things for him. Lena was a good tle housekeeper In spite of her youth, and It wae perfectly natural to me that he should want Lena to do eome house- work for him after hie wife died. I con- sented to the arrangement because we were in bad abape financially, and need- ed every doftar thet could be earned. “After Lena had been with Mr. Fin- SERUNT ACCUSED OF USING POISON Committed to Hackensack Jail on Charge of Menacing Lives of Family—Said to Have Con- fessed to Judge. (Boeciad to The Evening World.) HACKENSACK, N, J., June 9.—Luoy Willlama, a colored domestic, twenty three yoars old, wan committed to th Hackensack Jad! to-day on the charge of attempting to polson Mrs, Agnte Yeern and her famlly at Rutherford, ‘The girl, It !s raid, confeased to Judge Sabriskle this moming that she placea Bquantity of Faria green in a teapot, but refused to tell why she did tt SUMMER EXODUS, Weip’°X, ant POURS ARISES. WE CA NOW Di Midelspes ON THE TIMP ¥ FIND AT THE RESORTS, IT, SioANOT ARITTLE.......pouNp LOC a err eaten ren MEROCOLATES Aye pounp 15¢ 19¢ RY CARAMEL S, WALL NUT, OHCCOLATE VANTIN A RY, POUND We will detiver 1 to 10 bs, at the following rates: Manhattan Isand, 100. Brooklyn, Jersey City, Hoboken or the Bronx, I6¢. No goods sent ©. 0, D, AND 4 NSH IP IT FOR UNITED STAT HS—OR THE WO. Midd FOR tH THAT MATTER—AND Y: GET SPECIAL for FRIDA _ SPECIAL for SATURDA | CHOCOLAT RY crvsn...pounn LOC] RcokKNtT Rete Aounn 10 CITY PROPLE LOOK KBPS: ON OF "CANDY FO! YOU 10 ANY POINT it THE QUESTIO: WORN rr AusonU tT FRESH-WB ‘set GRADE CHOCOLATES "AND ty ATL CMOCOLATES. 80 KINDS, Ln 24¢ TUTTI FRUTT! MARSHMALLOWS .......PounD 25C CHOCOLATE ROASTED JORDAN ALM rounn 40¢ It was |° MOTHER'S ae STORY OF CHILD WIFE — Mrs, Stark Says Wealthy Jacob Finelite Took Eleven-Year-Old Lena to His Home as Housekeeper Before Making Her His Bride. elite for some time I told him that ought to marry Lena. He said that he would do It, Went to New Jersey to Wed. “I asked a lawyer about It, and he said that in New York State such a marriage would not be recognised bee cause of the youth of Lena. He sald it would be all right in New Jersey, 80 we went there, I then took Lena away from Mr, Finelite until she could’ get 914 enough to assume her place. Mr, Finelite gave something toward her Support, but wanted her to come and live bis house, This 1 would not have, and he stopped supporting her. Rabbi Garlan ult Trot. t testify fn court, but at his home he told a reporter that he distinctly remembered performing the ceremony in Rips's saloon. It: wi on Jan. 7, he sald, and he at free ob- ped of t] South rc” ne ieee ifs ie youth of the lride, finally did tt because, he said, he was an aasured that the child was sitgen years In aplte of all this pit Finelite! ase serte that he never saw the girl Retors he eaw her in court Weateriag He te Ee aan No, #4 Li vainaren, ec, and aa ness fice) at No. 11 Cham- bers street, hid ta Saving wit! relativ ‘One Hundred an Twent; a Dr. Lyon’s PERFECT \ Cleanses and beaut: role ony nee es the Beer ore wack a peters Ge a rotuanest Very convenient for tourists, PREPARED BY Sf UE Lye ADS, old bricks” in he form of cotton collars ing wold you overy time you pay 160 collar not bearing ‘the stamp. ne! he cotton collar makers are manufacturing counterfeit articles which Healers pass off to the public a Linen oll of the bonus received for fiandithe them, in the shape of mhow cassH and fixtures. Do you now wond hy these dealers will cotton collars a for a endeavor to nell for the same pri Linen onen? Write for ‘Information about Collars? Oe: NANGLE, LINEN 15s OLLARS) vit'y ZA “DEMAKESTS” Bleecker Ste cor. Barrow, s P ECIALS! RIDAY AND BATU, Ladies! Beliitant Siti Wiack rown, ( Ladies’ Black’ 1 eRe 0 Ladies’ Laws ‘Drea: qb Coding’ Waite Tawi Watts Val oY in: , Lars 4 ei xi tice Sh tg 43x00 in oe > Nobby hats are LA or beloved hu Hen, native of County Ireland, Funeral from hin 54 BARCLAY Sr |=; COR.WEST BWAY ToothPowder~ 4 y fe f