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 passed
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."

[Footnote 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 dicta