St. Louis Post-Dispatch
December 20, 1906

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“FIRST iW EVERYTHING” | VOL. 59. NO 121, ST. LOUIS, THURSDAY EVENING, DECEMBER 20, 1906.

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President Determines He Is Responsible for Break in Colorado.

WASHINGTON, Dec. 20.—President Roosevelt will ask E. H. Harriman, head of the California Development Co,, repaired at once the break in | the left bank in the Colorado River across the Mexican boundary line, the overflow of which is causing such great the Imperial and Colorado valleys in Southern California. This company is said to be responsible for the damage, as the break occurred at the company’s works erected under a concession from the Mexican Govern- to have

damage in ment. The decision was reached with Senator Flint Walcott of the Survey and F. H. Newell of the Reclamation Service. and, in view of the {impossibility of obtaining an ap- propriation from Congress to do the work before the holiday recess. President's after a conference of California, Director

Her figure is petite. | Her parents reside near | ! A sister, Nora East, lives at the home |! . The family, though | ears an excellent reputation for , } ; to '

WHEN IS A LODGING HOUSE? Court to Decide Whether One Room Rented Constitutes One. out a single legal lodg- entitled trunk

woman who rents private house a ing house keeper and as such hold a delinquent boarder's for an unpaid board bill? this point, which {ts not Is a room in &@ 'as lien | To decide lcovered by the Missouri statutes. Jus- ‘tice O'Haliaron has directed attorneys in the suit of Mrs. P. 8S. Drown against the Langan & Taylor Storage and Ware- Co. to file briefs in his court | house Friday. Mrs. Drown, wife of the secretary of the Pilots’: Association, is suing the storage and moving company for $150. When she moved from Vernon avenue to Delmar boulevard = several months ago, she says that she held the effects of a man and wife for an unsatisfied hoard bill. She alleges that the mov- ing crew were directed to haul her boarders’ effects with ner own to the new address, but they allowed one steamer trunk and contents, valued at $75, to be carried to the company’s warehouse, from which it was later taken by the boarders. The pill is stil) in dispute and the company is held Hable for the loss of the trunk.

meer Ot CE TRUST BUSTER

| YOUTH SLAIN AFTER LEAVING SWEETHEART AND PICTURE OF ANOTHER GIRL FOUND IN HIS WATCH Oe OA el es pe Aone

Miss BERTHA GERBERPING ~~

TELLER ANDERSON CAUGHT IN TEXAS +. bf Man Accused of Kansas City Embezzlement Bought Auto to Escape.

AUSTIN, Tex., Dec. 20.—Chief of Po- lice Morris today arrested William C. Anderson, alias Charlton, who is wanted in Kansas City on the charge of embez-' zling funds of the First National Bank of that city. Anderson was formerly assistant pay- ing teller of the institution. When arrested he had about $6500 in money and an automobile, which he purchased in San Antonio. He. has been here about 10 days, Anderson was taken to Kansas Cily

Judge Ryan Said Husband Had OTHER MAN ACCUSED Says His Wife Is Now in Ga- Lyons of 150 Bacon street kept on his wife, T TAB ON WIFE DENIED DIVORCE ww

Condoned Offenses He Alleged. d

veston With a St. Louisan, Despite a “tab” whieh Ellsworth 2 Effie May Lyons, and the intro- today. , Saecew a Wh eae duction of the memorandum in court to : refresh his memory, he lost his suit for Claim Shortage Is $9000, divorce tried Thursday before Circuit} 4 KANSAS CITY, Mo., Dec. 20.—Wil-}|Judge Ryan. Lyons testified that he re ‘ ba had shadowed his wife and John Mor- liam C. Anderson, up to the time he gan, with whom he accused her of disappeared three weeks ago, had! keeping company, and said that the been employed by the First National Bank here for 15 years. The bank of- ficials placed his shortage at $9000, which amount, they said, Anderson

i : ; he had prepared it with a view of had taken within a week of his de-|aivorce. Lyons denied that he had, parture. When he left Kansas City} but explained that he kept it because he was supposed to be going on ajhe didn’t know when the data would ised tri S 5S be useful. Because Lyons had failed to Unting DP. convince him, and had condone the offenses with which he charged his

HAS FILIPINO WI Missouri Officer’s Relative Ascribes Story to Jealousy —He Will Be Promoted. CHICAGO, Dec. W.—Chicago friends and relatives of Gen. John L. Pershing, United States Army, say his appoint- ment as Brigadier-General has been confirmed and that he is on his way to Manila - with his wife, who was Miss Frances Warren, | daughter of Senator Warren of Wyoming, chairman of the Senate Military Committee. J. E. Pershing of 5245 Cornell avenue is a brother of the army officer. He Is in New York. Regarding the story that formal charges that Gen. Pershing has a Filipino wife are being prepared against him, Mrs. J. E. Pershing said: “The stories are Simply tales started by those jealous of my brother-in- law's promotion toa brigadier-gener- alship. The appointment has been confirmed and the tale-bearers are too late. My husband received positive word to that effect several weeks ago. Gen. Pershing, with his wife and child passed through Chicago last month on their way from Washington to Manila They stopped here one day. They are now on ship on their way to Manila There is no truth in the stories printed that Gen. Pershin as o B in the Phillppines,” eps) sees Gen. Pershing’ is 46 years old and a

native of Linn County, Mo. Hie isa West Point graduate. He was in- Structor of tactics at the military academy at the outbreak of ish-American War in 1898. then a captain. UNABLE TO TALK. Girl Hurt Leaving Car Did Not Like City Life, the Span- He was

| 3 attempting to collect a bill of @ horse-/in the death house. He While her stepmother Mrs. Natalie; shoer. right along that if Mr. Rice Vercruyce of 4060 Phillips avenue The affair took peer last Friday/ killed it was by his former thought that she was spending the night morning. McGee sa d that the physi- Charles F. Jones. But Patrick holds that with friends, Miss Rose Cornelius lay | cian refused to pay the bill for $2.25] Rice died a natural death. that neither at the St. John’s Hospital suffering | and when he went back a second time/he nor Jones had anything to do with from concussion of the brain Mrs. | Dr. Barnard took up a bottle and struck | jt; that the experts whom the defense = eeeruyee was almost overcome with him over the head with it and then|/ called told the exact «tate grief when notified of her stepdaughter’s | kicked him viciously. when they swore at the time of the condition by & Post-Dispatch reporter | . Barnard testified that McGee had come | application for a new trial for Patrick Thursday. Miss Cornelius, who has heen in : Louts only about two , brickbats. thrown to the ground ag eg oon Py teaatitie a patient at the time amd that at Cherokee street and Louisiana ave. |he had a bottle in his hand. He said nue Wednesday. Her head struck the|that he struck one of the brickbats in scious. She had planned to go down-|a piece of fiying glass caused the wound She did not like the city, Mrs. Ver-| When Barnard and McGee were taken cruyce said. and had tntendea i Te rn ito the station and put under arrest a after Christmas to her home at“Perry- | human fingeT was found in one of the ville. Mo., where she lived With her Le") hysician’s pockets. Barnard said he brothers before coming here. Miss Cor- Ped taken the finger from a dead body nelius is 21 years old. art Thursday she was unable > aan has a slight chance of recovery,

. Bite. ma ze RI ce lan li oe ibe at op haa RR “ tee. B ; Zz } tity. Os ’ ¥ “FRE ee c Soe, i Orhan 6 Rt. : at ins e.. Sel ce het OE tet Sate Se eR TS Le to. <t % 9 Ae Tw . . Pe eee Ge RS % Weg book to which he referred in the course of his examination contained the dates on which he had seen them together. memorandum and asked Lyons whether wife, Judge Ryan said he would refuse the petition. i \ p ASHING 1906, he had followed his wife to church. I Je said she entered, but remained in- side only a short time. out, Mrs. Lyons and her companion, the hus- band said, took a Grand avenue car and rade to the south side of Tower Grove Park. They were lost to sight at that point, Lyons said, and he returned home. About 12:30 p. m. Mrs. Lyons came home and began to tell her husband, he said, of the services. band testified he found a telephone num- ber, which on compariosn with the di- rectory proved to be that of John Mor- gan, who was at the time living at 5188 Kensington moved Lvons said his wife visited. owed her to that house, saw her board a car with Morgan. They went luncheon. den. the car with them as they were coming in. but that they didn’t see him. said he had found a picture of Morgan hidden under some clothing in his home. With it was a photograph of his wife, he said. by Morgan and Mrs. Lyons together. Givens, 4132 Morgan street, when Morgan board- ed there. Mrs. Morgan had introduced her as his wife, from whom he was separated because of the interference of a mother-in-law. He identified the photographs of Mrs. Lyon and Morgan. now The Lyons were married 11 years. They were separated Boy enue was in tt day by the name © to his office with a gang of boys and raised a dist rs ago, e™ raf “his pocket ever since for “ luck.” good Judge Ryan demanded to see the Lyons testified that Sunday, May 6, When she came Lyons said, she was with a man. Tells of Shadowing Wife. . In Mrs. pocketbook her hus-

Lyons’ Later Morgan re- street, He shad-/| @ said, and avenue. to 4132 Morgan he to Creve Coeur Lake and had Afterwards they went to Delmar Gar- Lyons testified that he was on He Both pictures were identified witnesses, who said they had seen witnesses was H. B. One of these mother at who lived with ‘his Givens testified that he knew Lyons as Mrs. Morgan, because ILvons told the court that his wife is ~ in Galveston, Tex., with Morgan. oe PHYSICIAN FINED $100, Who Went to Collect Bill Was Hit With Bottle. Dr. Albert Barnard of 3100 Easton av- , fined $100 by Judge Pollard ,e Dayton Street Police Court Thurs- on a charge of attacking a youth f Willlam McGee, who was

urbance and that they took He said that he was Imed it and carried

asleep, in the the case. the PATRICK IS SAVED FROM DEATH CHAIR; GEIS LIFE SENTENCE

i rye New York Governor Commutes Sentence Passed Upon Millionaire Rice’s Convicted Slayer Nearly Five Years Ago, Ending Lawyer's Spectacular Battle for Life.

ST. LOUISAN SPENT A FORTUNE TO SAVE HIM » »«. a sf

. Condemned Man Had Seen Seventeen Fellow Prisoners Taken From Sing Sing Death House for Execution While He Was Con-= fined There, Confident He Would Win. Special to the Post-Dispatch. 5 ALBANY, N. Y., Dec. 20.—Lawyer Albert T. Patrick has won his battle to save himself from the electric chair. of death under which he has been resting for nearly five years for the alleged murder of William M. Rice, the Texas millionaire, wag commuted to life imprisonment today by Gov. Higgins. The sentenca Patrick’s victory was achieved after one of the most remark.- um: “Albert T. Patrick has been convict- ed of the murder of William and the judgment of been affirmed by a divided court. not claimed that Patrick committed the murder in person, but that he procured the act to be done. victed principally on the testimony of who confessed that he murdered his master while he lay thereto by and Jones, by his testimony, has pur- chased his own tmmunity from trial or Charles F. unishment. Citen Divided Court ‘Neither this fact alone or t of any of the facts already the courts at some stage of would seem to interfering with the judg- ment of death pronounced against the defendant; but three of the seven judges of the Court of Appeals were so strong- ly of the opinion that errors were com- mitted at the trial which were substan- tially prejudicial to the rights of Pat- rick, that I feel that the death penalty ought not, under all the circumstances, to be inflicted. ‘In view of all pon by these proceedings, to warrant nment., rdon. atrick’s counsel dismissed their ap- plication for a retrial on a writ of error United Stateg Supreme Dec. 13, and this ended legal action in afterward the wrote his application to the Governor. A Remarkable Fight. Patrick's fight for remarkable of this country. For more than in upon him. authorities electric current the one where his cell was located. But during all these trials Patrick has nev- er permitted himself to idea that hand, but on the contra kept up his struggle, and in doing so has surprised his keepers, who come to look upon him as the most re- markable murderer ever confined in the Sing Sing death house. Patrick has maintained from the day of his arrest that he had nothin with the death of William Marsh Rice, the Texas multi-millionaire, for whose murder the condemned attorney is now has claimed nsive one. Mr. the c Jones, instigated Soon block from able legal struggles in the country’s demned man was aided by his brother-in-law, John T. Milliken of St. Louis, whose fortune was at the disposal of the man whom the testimony of a valet had convicted of murder. In announcing the commutation, Gov. Higgins issued the following memoran- life they were in the that absolutely nothing was proved by the District Attorney's experts to show that death was the result of chioroform poisoning, as alleged in the indictment. His Fight Has Coat $100,000. His fight for his life has been an ex- Tt is said that more than 000 has been spent in the endeavor to save Patrick from the death chair. The man who has stood by Patrick, who has supplied him with funds with which to carry on such a remarkable battle, is Mr. Milliken, his brother-in-law. Milliken became convinced from the outset that Patrick was innocent of of which he was acc conviction He has been con- these facts, and the grave doubts expressed by these judges, I am satisfied that I ought the defendant from the extreme pen- alty of the law. and commute his sen- tence to imprisonment for life.’’ It is known here that Patrick intends to continue his efforts to establish his innocence. On Nov. 25 the New York World and Sunday Post-Dispatch announced that Gov. Higgins would commute the con- demned lawyer's sentence to life impris- Since that time Gov. Higgins has made no announcement of what he would do, but early this week he said that he had received Patrick's applica- tion, written by the lewyer himself, for executive clemency. he did not think public interest would be subserved by giving out the application, where but stated that Patrick had asked for Gov. Higgins said is the most its kind ever made No other person has ever been confined as long as has Patrick. four years and seven months he hag been living within the shadow of the electric that time he has been present when 1? other unfortunates were their cells and marched along the nar- row passage which demned cell chamber. For more than four years Patrick has kept up his fight for his life. times he has seen the death watch close he has heard the State testing room adjvining | chalr. taken from separates the con- the execution be talked into the end was really at has always of affatra

history, in which the con- and volunteered to ald his relative with his fortune. Nothing is known of the whereabouts of Jones, the self-confessed murderer of Mr. Rice. Strange to say, Jones was never indicted. He was never detained on the charge of homicide, not even af- ter his confession. But he was allowed to go back to his home in Texas. He ts not there just now. If he were he would, no doubt, fare pretty badly. of strong Texans are eager to have a talk with Jones. They want to puntsn him In their own way for the wrong he did to a pretty little country lass w home adjoined the one tn which Jones’ people lived in the Lone Star State. William Marsh Rice had been a wid- ower for years when he went to New York and took apartments at 300 Mad- ison avenue, He had no lar servants other than Jones. He brought him from Houston, Tex., where Jones had worked for him. Jones was private secretary, companion and valet to Mr. Rice. A scrubwoman was employed to clean the apartments once or twice a4 week. Patrick in a native of Texas. He studied law in his native State. He went to New York, was admitted to the bar and did a small business. Very lit- tle was known of him there as a lawyer, He made the acquaintance of Jones, & weakling, who was easily controlled, and the charge is that the two soon agreed to take the life of Rice In order that they might divide his millions. Rice had not been in good health for some time, and at the suggestion of Patrick, Jones, it was charged, gave his master mercury. How Rice died was told by Jones whe he appeared as a State witness against the accused lawyer. The death oc- curred Sept. 23, 1990. The same night Patrick telegraphed to Capt. Baker. a” attorney of Houston, Tex., informing him of Mr. Rice's death. Shortly after that Patrick gave orders that the body of Mr. Rice be embalmed and then cre- mated. No detection would have been possible had it not been that the day Patrick had intended to have Mr. Rice’s body cremated the crematory was out of working order. Hence there was a delay. During that time an autopsy had been ordered and performed and traces of chloroform were located in the dead man’s lungs. Cast. Baker hurried to New York and “Patrick showed him a will which he sald had been signed by Rice in the presence of two witnesses. Made Will tn Texas. About five years before his death Mr. Rice had made a will in Texas, and this will had been drawn up by Capt. Baker, who had been named one of the execti- tors. According to the first will, Mr. Rice left the bulk of his fortune for founding an institute In Houston and which was to be known as the William Marsh Rice Institute. According to the will drawn by Patrick, the bulk of Mr. Rice's fortune was left ‘“‘to my dear friend and attorney, Albert T. Patrick, to be used by him as he sees fit.”’ The second will has since been de- clared a forgery. Both Jones and Patrick were arrest- ed, charged with forgery first. While in the Tombs Jones attempted to commit suicide by cutting his throat. He recove ered. Then when he decided to turn State's evidence he told how Patrick had passed the knife to him and how Patrick had agreed also to commit sul- cide at a certain hour. Patrick never made an attempt to take his life, how- ever. Jones was the chief witness against Patrick, who, in the mean time, had been indicted for the murder of Rice. After Patrick's conviction Jones went South and he has not been in New York since. Patrick's trial began in January, 1903. He was convicted March & of that year, and on April 7 was placed in one of the steel cells in the death house in Sing Sing. 3 On only two occasions did Patrick leave the death house since his first en- try. The first was when he went to Albany at the time his case was argued before the Court of Appeals. The seo- ond was when he went to New York to be reswentenced to death. Since his inearceration tn Sing Sing Patrick firet prepared his own case for appeal and lost. Then he made two motions for new trials. He lost both. Finally, he prepared his case for ap- to the ‘nited States Supreme Patrick abandoned, h. day taken to Sing Sin ee ane contract, Mrs. ma- house keeper in whose home he had been living fer some time. sald that the marriage was ormed so that some person near to trick might be able to visit him tm his cell in the death house from time to time. * Under the alee et haste tor 6 tok relatives a in ant, also cleraymen are entitied to vis- it a person condemned to death Pat- lek and hie landlady had been for a long Pari: Sonbs t she believed in the law= 3 ms 2a a es

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