The autopsy was performed on Tuesday, forty-three hours after death occurred, by Dr. Donlin, a coroner's physician, in the presence of Dr. Williams, also a coroner's physician, and of Professor R. A. Witthaus, an expert chemist. The two physicians testified at the trial that the organs of the body, except the lungs, were normal in condition, save as affected by the embalming fluid. They and Professor Witthaus agreed in their testimony that the lungs were congested. Dr. Donlin spoke of their being "congested all over"; while Dr. Williams characterized it as "an intense congestion of the lungs-coextensive with them." Outside of the lungs they found no evidence of disease to account for death, and beyond the congestion these showed nothing except a small patch of consolidated tissue about the size of a twenty-five cent piece. They testified, in effect, that nothing save the inhalation of some gaseous irritant could have produced such a general congestion, and that the patch of tissue referred to was insufficient to account for the amount of congestion present. Dr. Donlin could not testify what the proximate cause of death was, but was firm in his opinion that no cause for it was observable in the other vital organs. In this Dr. Williams concurred. He was of the opinion that chloroform would act as an irritant upon the lungs and cause precisely that general congestion observable in the case of the deceased. Professor Witthaus testified that his a.n.a.lysis revealed the presence of mercury, obtained as calomel, and while the amount was not sufficient to cause death, its presence indicated that a larger quant.i.ty had existed in life. The embalming fluid had contained no mercury, and he and Dr. Donlin agreed that the embalming fluid would have no effect upon the lungs beyond a tendency to bleach them. In other words, the People's evidence was to the effect that no cause of death was observable from a medical examination of the body save the congestion stated to exist in the lungs, and that this might have been caused by chloroform.

Thursday morning Mr. Baker and F. A. Rice, the brother of the deceased, arrived in New York. Patrick showed them the cremation letter, and, inasmuch as they took a neutral position in the matter, ordered the cremation to proceed, and accordingly it took place that very day. He also endeavored to win the confidence of Baker, but succeeded in accomplishing little. He finally gave the latter a copy of the 1900 will and the original will of 1896. He also informed Baker that he had taken a large number of papers from Rice's apartments, and turned over to him a considerable number of them. He also surrendered on Friday the two Swenson checks.

After considerable discussion Baker told Patrick flatly that he would never consent to the probate of the 1900 will; that he was satisfied that the '96 will was the last will of Rice, and that he would insist upon its being probated, to which Patrick replied, that so far as he was concerned he did not know but that the probate of the '96 will would suit him just as well as the probate of the 1900 will; that it was a matter of indifference to him, and that so far as the Rice Inst.i.tute was concerned he was prepared to give Baker from three to five million dollars for it, or any other sum Baker might name. These negotiations and conferences continued until the fourth of October, Patrick yielding step by step, until he had divested himself of all control of the doc.u.ments and securities.

Meantime sufficient evidence having been secured, Patrick and Jones were arrested on a charge of forgery and held for the Grand Jury. Bail was fixed at ten thousand dollars each, but was not forthcoming.

On October 21st, Mr. House, Patrick's lawyer, visited Patrick and Jones in the Tombs. Jones says that after Patrick had talked to Mr. House the former called Jones to one corner of the room and told him that House insisted on knowing definitely whether a crime had been committed and directed Jones to tell House that a murder had been committed, but that he (Patrick) was not concerned in it. This Jones declined to do without implicating Patrick. The two prisoners then returned to House and Jones says that he informed House that he had killed Rice by chloroform, and gave him the "same story which he told on the witness stand." After this Jones apparently lost his nerve and told Patrick that he intended to commit suicide. This idea Patrick encouraged, agreeing that they should both do it at about the same time.

On the 26th of October Jones made a statement to a.s.sistant District Attorney Osborne which was in large part false, and in which he endeavored to exonerate himself entirely from complicity in any of the crimes, and in which he charged the actual administration of the chloroform to Patrick. Four days later Osborne sent for him and told him he had lied, upon which Jones became confused, continued to persist in some of his statements, qualified others and withdrew still others. He was completely unnerved and that night attempted, by means of a knife which Patrick had supplied him, to cut his throat. The attempt was a failure, and he was removed to Bellevue Hospital, where he remained until November 12th. He then finally gave the statement which corresponded with his testimony upon the trial and which jibed with all the circ.u.mstances and evidence known to the District Attorney.

Did Patrick conspire with Jones to murder Rice? What corroboration is there of Jones's story that he killed Rice under Patrick's direction? First: What proof is there that murder was committed?

Roughly, that Jones so swore; that Rice died at the time alleged; that he did not die from disease, but that he died from a congestion of the lungs which could have occurred only in the case of a living organism by the administration of some such irritant as chloroform; that some one, therefore, must have killed him, and that Jones alone had the opportunity.

Second: What proof is there that Patrick directed the murder?

Evidence of an elaborate conspiracy, as briefly heretofore set forth, which contemplated the death of Rice. Of course Patrick wanted Rice to die. If Patrick was not implicated in the killing, what motive had Jones to commit the deed? Why did Rice die at the precise psychological moment which would enable Patrick to prevent two hundred and fifty thousand dollars on deposit being diverted to Texas? And finally, why did Patrick prepare a forged cremation letter for the destruction of the body? If the conspiracy contemplated a natural death, nothing could be of greater value to the two parties concerned than the means of proving that the death was not unnatural.

This, in the most abbreviated form, is the case against Patrick. s.p.a.ce forbids any reference to his elaborate and ingenious defense, which was based entirely on an alleged complete failure of corroboration of Jones's testimony. Starting with the premise that the word of a self-confessed murderer and thrice-perjured scoundrel was valueless as proof, he contended that there was no adequate evidence that Rice's death was felonious, and that the congestion of the lungs could have been and was caused by the embalming fluid and was only attributed to the chloroform after Jones had given his final version of how the murder was accomplished. Technically the case against Patrick was not a strong one. Dramatically it was overwhelming. His own failure to testify and his refusal to allow his lawyer, Mr. House, to relate what pa.s.sed between them in the Tombs, remain significant, although not evidence proper for a jury to consider. Wherever lawyers shall get together, there the Patrick case will be discussed with its strong points and its weak ones, its technicalities and its tactics, and the ethics of the liberation of Jones, the actual murderer, now long since vanished into the obscurity from which he came. On the one hand stands a public convinced of Patrick's guilt, and on the other the convicted "lifer" pointing a lean finger at the valet Jones and stubbornly repeating, "I am innocent."

[4] In 1906 the Governor of New York commuted the death sentence of Albert T. Patrick to life imprisonment, and the most extraordinary struggle in the legal history of the State on the part of a convicted murderer for his own life came to an end. The defendant in the "Death House" at Sing Sing had invoked every expedient to escape punishment, and by the use of his knowledge had even saved a fellow prisoner, "Mike" Brush, from the electric chair.

X

A Flight Into Texas

The flight and extradition of Charles F. Dodge unquestionably involved one of the most extraordinary battles with justice in the history of the criminal law. The funds at the disposal of those who were interested in procuring the prisoner's escape were unlimited in extent and the arch conspirator for whose safety Dodge was spirited away was so influential in political and criminal circles that he was all but successful in defying the prosecutor of New York County, even supported as the latter was by the military and judicial arm of the United States Government. For, at the time that Dodge made his escape, a whisper from Hummel was enough to make the dry bones of many a powerful and ostensibly respectable official rattle and the tongue cleave to the roof of his mouth in terror.

Who could accomplish that in which the law was powerless?-Hummel. Who could drive to the uttermost ends of the earth persons against whom not a shadow of suspicion had previously rested?-Hummel. Who dictated to the chiefs of police of foreign cities what they should or should not do in certain cases; and who could, at the beckoning of his little finger, summon to his dungeon-like offices in the New York Life Building, whither his firm had removed from Centre Street, the most prominent of lawyers, the most eminent of citizens?-Surely none but Hummel. And now Hummel was fighting for his own life. The only man that stood between him and the iron bars of Blackwell's Island was Charles F. Dodge-the man whom he had patted on the knee in his office and called a "Mascot," when quite in the nature of business he needed a little perjury to a.s.sist a wealthy client.

Hummel in terror called into play every resource upon which, during forty years of practice, his tiny tentacles had fastened. Who shall say that while he made a show of enjoying himself nightly with his accustomed light-heartedness in the Tenderloin, he did not feel confident that in the end this peril would disappear like the others which had from time to time threatened him during his criminal career? But Hummel was fully aware of the tenacity of the man who had resolved to rid New York of his malign influence. His Nemesis was following him. In his dreams, if he ever dreamed, it probably took the shape of the square shouldered District Attorney in the shadow of whose office building the little shyster practised his profession. Had he been told that this Nemesis was in reality a jovial little man with a round, ruddy face and twinkling blue eyes he would have laughed as heartily as it was in his power to laugh. Yet such was the fact. A little man who looked less like a detective than a commercial traveller selling St. Peter's Oil or some other cheerful concoction, with manners as gentle and a voice as soft as a spring zephyr, who always took off his hat when he came into a business office, seemingly bashful to the point of self-effacement, was the one who s.n.a.t.c.hed Charles F. Dodge from the borders of Mexico and held him in an iron grip when every influence upon which Hummel could call for aid, from crooked police officials, corrupt judges and a gang of cutthroats under the guise of a sheriff's posse, were fighting for his release.

Jesse Blocher is not employed in New York County, and for business reasons he does not wish his present address known. When he comes to New York he occasionally drops into the writer's office for a cigar and a friendly chat about old times. And as he sits there and talks so modestly and with such quiet humor about his adventures with the Texas Rangers among the cactus-studded plains of the Lone Star State, it is hard even for one who knows the truth, to realize that this man is one of the greatest of detectives, or rather one of the most capable, resourceful, adroit and quick-witted knights of adventure who ever set forth upon a seemingly impossible errand.

It is unnecessary to state just how the District Attorney discovered the existence of "Jesse," as we knew him. It is enough to say that on Sat.u.r.day morning, July 23, 1904, he was furnished with the proper credentials and given instructions to proceed at once to New Orleans, Louisiana, and "locate," if it were humanly possible to do so, Charles F. Dodge, under indictment for perjury, and potentially the chief witness against Abraham H. Hummel, on a charge of conspiracy. He was told briefly and to the point that, in spite of the official reports from the police head-quarters of both New York City and New Orleans to the contrary, there was reason to believe that Dodge was living, although not registered, as a guest at the St. Charles Hotel in the latter city. A partial and inaccurate description of Dodge was given him and he was warned to use extreme caution to prevent any knowledge of his mission from being made known. Once Dodge had been discovered he was to keep him under surveillance and wire New York immediately.

Accordingly, Jesse left the city upon the same day at 4.45 P.M. and arrived two days later, at 9.15 on Monday morning, at New Orleans, where he went directly to the St. Charles Hotel, registered, and was a.s.signed to room Number 547 on the fifth floor. Somewhere in the hotel Dodge was secreted. The question was how to find him. For an hour Jesse sat in the hotel foyer and meditatively watched the visitors come and go, but saw no sign of his quarry. Then he arose, put on his hat and hunted out a stationery store where for two cents he bought a bright-red envelope. He then visited a ticket-scalper's office, secured the owner's business card and wrote a note on its back to Dodge offering him cheap transportation to any point that he might desire. Armed with this he returned to the hotel, walked to the desk, glanced casually over a number of telegrams exposed in a rack and, when the clerk turned his back, placed the note, addressed to Charles F. Dodge, un.o.bserved, upon the counter. The office was a busy one, guests were constantly depositing their keys and receiving their mail, and, even as Jesse stood there watching developments, the clerk turned round, found the note and promptly placed it in box Number 420. The very simple scheme had worked, and quite unconsciously the clerk had indicated the number of the room occupied by Dodge.

Jesse lost no time in ascending to the fourth floor, viewed room Number 420, returned to the desk, told the clerk that he was dissatisfied with the room a.s.signed him, and requested that he be given either room Number 421, 423, or 425, one of which he stated that he had occupied on a previous visit. After some discussion the clerk allotted him room Number 423, which was almost directly opposite that occupied by Dodge, and the detective at once took up his task of watching for the fugitive to appear.

Within the hour the door opened and Dodge and a companion, who subsequently proved to be E. M. Bracken, alias "Bradley," an agent employed by Howe and Hummel, left the room, went to the elevator and descended to the dining-room upon the second floor. Jesse watched until they were safely ensconced at breakfast and then returned to the fourth floor where he tipped the chambermaid, told her that he had left his key at the office and induced her to unlock the door of room Number 420, which she did under the supposition that Jesse was the person who had left the chamber in Dodge's company. The contents of the room convinced Jesse that he had found Dodge, for he discovered there two grips bearing Dodge's name as well as several letters on the table addressed to him. The detective returned to the hall and had a little talk with the maid.

"The old gentleman with you has been quite sick," she said. "How is he to-day?"

"He is some better," answered Jesse.

"Yes, he does look better to-day," she added, "but he sho'ly was powerful sick yesterday. Why, he hasn't been out of his room befo' fo' five or six days."

This statement was corroborated by Dodge's physical appearance, for he looked haggard and worn.

Jesse was now confident that he had found Dodge, in spite of the reports of the New Orleans police to the contrary, and he was also reasonably sure that the fugitive was too sick to leave the hotel immediately. He therefore telegraphed his superiors that he had discovered Dodge and that the latter was ill at the St. Charles Hotel.

At three o'clock in the afternoon Jesse received a wire from New York as follows:

New Orleans police department claims party not there. Left for Mexico three weeks ago. Ascertain correct destination and wire at once.

Jesse at once replied:

No question as to ident.i.ty and presence here at this time.

He now took up the task of keeping his quarry under absolute surveillance day and night, which duty from that moment he continued for a period of nearly ten months.

During the remainder of the afternoon and throughout the night Dodge and Bracken remained in room Number 420, and during the evening were visited by several strangers, including a plain-clothes officer from the New Orleans Police Head-quarters. Little Hummel, dining in Long Acre Square in the glare of Broadway, was pressing some invisible b.u.t.ton that transmitted the power of his influence even to the police government of a city two thousand miles away.

The following day, January 26th, at about 8.40 in the morning, Dodge and Bracken descended to the lobby. Bracken departed from the hotel, leaving Dodge to pay the bill at the cashier's window, and Jesse heard him order a cab for the 11.30 a.m. Sunset Limited on the Southern Pacific Railroad and direct that his baggage be removed from his room. Jesse did the same.

In the meantime Bracken returned and promptly at 11 a.m. left for the railroad station in a cab with Dodge. Jesse followed in another. As the two pa.s.sed through the gates the detective caught a glimpse of Dodge's ticket and saw that it had been issued by the Mexican National Railway. Retiring to the telegraph office in the station he wired New York as follows:

Bird flying.-Sunset Limited. Destination not known. I am with him.

He then hastily purchased a ticket to Houston, Texas, and boarded the train. Dodge's companion had bidden him good-by as the engine started, and Jesse's task now became that of ferreting out Dodge's destination. After some difficulty he managed to get a glimpse of the whole of the fugitive's ticket and thus discovered that he was on his way to the City of Mexico, via Eagle Pa.s.s, Texas, while from the Pullman conductor he learned that Dodge had secured sleeping-car accommodation as far as San Antonio, Texas, only.

So far all was well. He knew Dodge but Dodge did not know him, and later on in the afternoon he had the satisfaction of a long talk with his quarry in the observation car where they amiably discussed together current events and argued politics with the same vehemence as if they had been commercial travellers thrown fortuitously into each other's company. Dodge, however, cleverly evaded any reference to his destination.

When the train reached Morgan City, Louisiana, at 3 P.M., which was the first stop, Jesse wired New York as follows:

On Sunset Limited with friend. He has transportation to the City of Mexico, via Eagle Pa.s.s, where I am now journeying with him. Answer to Beaumont, Texas.

Later in the afternoon he sent an additional message from Lafayette, Louisiana:

Have seen transportation of friend and am positive of destination.

Dodge was occupying Section 3 of the sleeping car "Capitola," and, as became an invalid, retired early.

At Beaumont Jesse failed to receive any reply to his various messages, and when the train arrived at Houston no word came from New York until it was almost the time of departure. Waiting until practically the last moment Jesse hurried through the gates of the Union Station at Houston and bought a ticket to San Antonio. As he was leaving the ticket window Night Chief of Police John Howard and two officers came hurrying up inquiring anxiously for "Mr. Jesse." The reinforcements had arrived.

Outside on the track "The Sunset Limited" was just getting under way. The first frantic puffs were being vomited from the funnel. Inside Dodge was sleeping peacefully in his berth. Jesse, accompanied by Chief Howard, hurried up to the conductor who was about to swing on to the steps of the sleeper, and ordered him to hold the train till the fugitive could be removed. After some argument the conductor grumblingly complied and Dodge was aroused from pleasant dreams of the "Creole Quarter" to the cold reality of being dragged out of bed by a policeman. He was unceremoniously hustled out of the sleeping car into a carriage and taken to Head-quarters where he admitted his ident.i.ty and remarked:

"I know what I am wanted for, but I will never return to New York."

In his grip was found the sum of $1,563.15 as well as numerous letters from the law firm of Howe and Hummel and a quant.i.ty of newspaper clippings relative to his case.

Dodge pleaded with Chief Howard not to lock him up, urging that he was a sick man and offering a goodly sum if he might be taken to a hotel and guarded for the remainder of the night. But what "went" in New Orleans, did not "go" in Houston, and the best that Dodge could get for himself was a cot in the "Ladies Detention Room" on the second floor of the jail.

Early the following morning Jesse visited Police Head-quarters and for the first time met George Ellis, Chief of Police of Houston, for whom he will always have a feeling of deep grat.i.tude for his enthusiastic cooperation and loyalty in the many stirring events that followed. Dodge now received a telegram from New York, which was submitted to Jesse before reaching the prisoner, to the effect that Howe and Hummel were sending on an attorney to aid the fugitive in resisting extradition, and informing him that they had employed Messrs. Hunt and Meyers as attorneys to look out for his welfare. These last immediately jumped in medias res and on the afternoon of the same day secured a writ of habeas corpus from Norman J. Kitrell, District Judge of Harris County, Texas, returnable the following morning.