The Washington times., 1912-02-24
WHITMAN WILL
COMBAT ED|CT
FREEING VALET
Attorney Forced to Do Of
ficially What He Disap-
| proves Personally.

NEW YORK, Feb. 4.-Because Gov
ernor Dix, for the fourth time, had
lodged the responsibility of action In
the Brandt case Attorney General Car
mody came to New York last night to
confer with District Attorney Whitman
as to whether or not an appeal should
be taken from Justice Gerards deci-
sion, which practically frees the former
Schiff servant.
The attorney general reached the
city, not angry, but frankly disgusted,
over the governors refusal to accept
the advice OF the constitutional law Of
ficer of the state, and every other off,
cial who has investigated the case, TO
issue full pardon 10 the convict now
serving a thirty-year sentence for q
crime, the court records show, he did
not commit.
Nullifed by Nicoll.
The efforts to have the governor
see the necessity of extending execu-
tive clemency, which were Joined in
by Mr.. Carmody. by Mr.. Whitman, in
effect by Justice Gerard and Judge
Rosalsky, who publicly admitted err
ror in his judgment. have been. in
the opinion of the attorney general,
nullified by the eminent counsel act
ing in the interests of Mrs. and Mr..
Schiff and the latter's lawyer, How
ard S. Cans.
The governor being immovabIe, 1t
Is now certain an appeal will be
taken from Justice Gerards judgment
in the writ of habeas corpus, which
took Brandt out of Dannemora This
appeal will be made not because of
the governors wishes but because
District Attorney Whitman holds
that the law makes 1t obligatory up
on him to protect the rulings of the
court of general sessions, failure to
do so being equivalent to neglect of
duty. SO he will be forced 10 do Of
ticially what he strongly disapproyes
personally.
Last night the governor issued a
long statement in which he criticised
Justice Gerard, the district attorney
and the attorney general and sought
to show that Justice Gerard is alone
responsible for the present situation.
He processes TO think that for him
10 act In the matter Of a pardon now
would be to insult the justice. The
Justices friends say this is directly
at variance with the truth-instead
of being insulted he would be de-
r.
pose he has delayed signing the or
der. " "
Thus does the buck, which the Gov
ernor has been trying to pass since the
peelhhlhg of the case, come back to
him once more.
Towns Refused Sight of Dix.
Another move in the game came yes
terday afternoon when Mirabesu
Towns, counsel for Brandt, made an
engagement with Gov. Dix over the tel
ephone to see him. He went to AIbanv
but when he reached the executive
chamber he found that the Governors
mind had undergone another change
and the audience was refused So he
told Mr.. Van Santvoord, the Govern
or's legal adviser, he had come to nrge
the Governor to issue a pardon and also
to ask the Legislature to make a fuII
investigation into the case, with mar
ticular reference to the acts of Judge
RoSalSlIy.
The Governor declined to see Mr.
Towns because his mind is made I'D on
the pardon question. This is a shift
from the attitude he assumed on
Wednesday last when Attorney General
ter. Gov. Dix then showed unmistaka-
BILE willingness to listen to the advice
of the officials and issue a pardon.
One hour after this conference he re-
NSiNSu q lSiCpilOIlC Sdll lIOIH NEW I Ork
from William F. Sheehan-and that
night the governor made it known he
would not extend executive clemency.
Wrong View of Gerard's Opinion.
He has held this position ever since.
Even when District Attorney Whitman,
with the consent and approval of JUS
tice Gerard, assured him the courts de-
lay in signing was for the express pur-
pose of giving him a last chance to use
his pardon power, he went on record as
officially interpreting Justice Gerard's
mere opinion as an order which ties his
hands and holds up all question of a
pardon until an appeal has been ruled
upon.
Realizing that whatever the grounds
assigned by Governor Dix in excuse of
his failure to act, the effect was the
Same-namely, no pardon; and knowing
that Justice Gerard would not hold his
order longer than Monday, Messrs
Whitman and Carmody had a five-hour
conference last night as to the appeal
Mr.. Carmody was dsinclined to take
this step, but Mr. Whitman thought it
was an unavoidable duty which, If they
failed to perform, would be discharged
by some other official designated by
Governor Dix, perhaps the district At
tOrncy of Clinton county in which Dan
nemora prison is located.