New-York tribune., 1912-03-02
GAYNOR IN BRANDT CASE
Mayor Writes to Dix Commend
ing Course of the Governor.
WHITMAN RESENTS ATTACK
District Attorney Silent, How
ever, Stunning Controversy
with Chief Executive.

Mayor Gaynor injected himself into the
ion, sending long letter TO Governor Dix
highly commencing the Governors stand on
the case. The Mayor refused TO allow the
letter 10 be made public until the Governor
had received IT,
1t is understood that the letter was not
posted until late last night. so that the
Governor will not receive II before this
morning, but rumors OF the letter and
stories OF its trend were abroad early in
the evening. The first intimation came
from Albany. when friends OF counsel for
Mr. SchiH asked the Governor to conllrm
the fact that the letter had been written.
Governor Dix said last night he had not
yet received such letter and would not
give permission to have it published.
Alton b. Parker, who has acted for Nor
timer l.. SchiY in the case. was asked last
night to confirm the fact that Mayor cav
nor had written to Governor Dix, and re-
plied shortly: i've never heard OF 1t be-
fore"
The letter is reported 10 be long one
IL was said Il would All newspaper cou-
umn. II Is understood that the Mayor TOOK
up the development Of the case In detail
giving his own emphatic opinion on eac"
step. and supporting the Governor on every
point. It is expected that Governor DiN WI"
make the letter public this morning
Medical Records in Case.
The medical records OF Sing Sing and the
correspondence in the ONCE or the "'''S
s,,nar,rterdent Of Prisons will be part OF
the evidence pu. before the grand jury IN
the Brandt case next week. Johh " M
Doyell. secretary to Colonel scott otaue
s,Iperintendent OF Prisons. and Dr. Cha'e'
w Farr. prison physician at Sing olns'
were the witnesses before the gram July
Yesterday. and In the course OF their testi-
,oonv q was learned that Howard Cans hao
vr,tten several letters TO the prison cu-
,borities seeking detailed Information On
Rrapdt's movements mis- condition and nus
prison record. Mcdowell and DIR. Farr WI.
"a u,;,resses again next week. and VIII
hiring with them the prison records pear
ing on Brandt. II Is expected th@'
nelius V. Collins. ex-State superintendent
Of Prisons. ard Colonel Scott VIII a'so o7
before the grand jury next week
District Attorney Whitman refused yes
terdsy TO comment on the state'Heh' VI
Governor Dix defending his action III
f,,sing 10 pardon Brandt. From MS frie"uS'
however. IL was learned that the Distfic'
Attorney felt that II was not ne, put rue
coyorror who took the initiative IN tne
matter of a pardon for Brandt. III ~ un
derstood that when the matter nrSt aio''
before Governor Dix he asked District Az
torney Whitman TO write him 'e,,e'
ornending executive clemency Tor tne
nr,soner. and that Mr.. Whitman comp'ied
with this request A few days afterward
tho Governor called for detailed lnvesu-
a.,,or and then fatty refused to issue
pardon.
pI.,riet Attorneys Position.
Tho District Attorney does not care. his
f,iends say, to enter into controVersS
with the Governor, but he taxes .he p'o'
tion that in a proceeding initiated oy 'ie
Governor IL was his function only W re-
nort nm the facts and not make any dl-
rect recommendations either for executive
clemency or to the contrary lie indica'eu
IN his report the action he thought snouio
be taken. and IL was for the Governor 10
decide what he would do
Attorney General Carmody said yester-
day that the Governor failed to discuss IN
his long statement the vital point at Issue
IN the Brandt case. Mr.. Carmody saio
that what Brandt was or what he did nad
little or nothing TO do with the case The
vital question he believed to be whether
Brandt was legally convicted.
Il have no criticism TO make on the
Governors statement" said Mr.. Carmody.
He may grant or deny an appeal for ex-
ecutive clemency on any ground Whatever
and his decision is not open to review
His statement however. does not toucn
the question that IS all important. have
frequently stated that Brandt is not fs-
ure in the case except as this case person
ifes the principle involved. 1t matters
not whether ne was guilty Of some Of
fence. The question is: Was he guilty OF
the offence for which he was punished
To determine this question the course or
Music by Nahan Franko's
A ~ n &a N,1aa,y ~