The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-02-13

Further along in his letter J udge Ro-
saskv said. "rhe record disc loses that
he defendant fully understood the nature
Of the proceedings and the deep sig
nifCanco Of III" charge against him ahd
the severe penalty which the court could
impose upon him.
Tho citnr contained also this comment
from judge RosaIskv
Il should regard II as serious evil in
the administration of justice if undue
lenity should be shown to the young
who comm. crimes of volenc"
Judge Rosals,<y made tn- eS planation
a. 80 what led him 10 send Brandt To
prison for such Il long term.
After careful and thorough Considera-
tun Of the defendant = case. | felt that the
interests of itl-tic" and the protection Of
society demanded that "A severe sentence
should I've imposed. and accordingly sen
fenced the defendant to term uf thirty
years Imprisonment.
II was true. the Attorney General said.
thai .l,ldc" Rosal-kv mentioned in the
letter that LAWYER Carl Fischer Hansen
was con- lCted on u charge of attempted
bribery and was sentenced 10y Justice
bowling to Il term Of twelve months i'm
prisonmnnt Elsewhere in the letter
Judge Rosalskv made tho suggestion TO
the Governor that if it was thought ad
vleahle IL special Grand Jurv might be
called To inquire into the Brandt case.
The Attorney General made II plain
in his talk with 1Hf SrN reporter last
night tha; the Governor is disg,isted with
politicians who have. in IN" Governors
opinion, injected themselves iut % the case
ItCISIA1lyE ISOtIkY POSSIBLE
1T is true" said MIR tarmodv. that
the Governor feels a. | feel tina, efforts
have been made here III New York 10
discreet, she Stat" admnstrat ion But
without taking that into Conslderat ion
am going after tn" truth, and | leel
sure that GOV Din viii back N" NJ in
sverythnc | do Attempts were nldd"
TO &c; mo 10 deny he story that THt SrN
printed This morning wouldn't have
done It Hhe story vas essentially true
Brandt does deserve u pardon | he
lieve there Saa miscarriage of Justice
There will I've an inquiry into the acts
IF Judge otto 4 Rosalsl,y and every
body else VINO had anything TO do with
the Brandt case |, does look very much
az If improper Influences had he-u at
WORK
The Attorney General believes there is
likelihood OF legislative action and has
40 informed Gov. Dix. But Mr.. Carmody
Goesnt believe that such action will be
necessa ~ for Rrandt'- relief if the Gov
ernor acts iavorahly on the report that
he will make as To the facts of the arragn-
ment examination and commitment of
the prisoner. All that Is necessary, he
SAYS. l. for him to marshal tho facts. build
certain recommendations on them and
submit them to the Governor Then he
feels pp-tll" the Coy. rnur Will ovcrcom"
whatever ~cruple~ h" may feel and set
Brandt at liberty
SUPPOSED RPAN Dr DISAPPt AIRED.
There j. h owevcr, this danger in
IA rdoniug Hrandt TOO speedily" con
tInu"d VI Carnodv N" would he our
tno-i lmrortdn, witness IN au intnSti-
Catior 20 q"'"rmino wh.'hsr conspiracy
cNistad n ih" man cot a lsirduu th.rs
wight S"d likelihood ~ M, disappearing.
i'ua miEH' -upro>" that th" sam" imprul or
IntueN - rat got nm ,n'o prison might
operate N g,".l.u'- hi'n o,i oF IA" country
El' I IN NOT gDn- tu l." diverted from
ny plaIn drv 10y thai 'ousIdordf ION
~ -hould b. unnaC" >~iry ~ say that
there j. t'It on" road ONT of III" p"nitan-
ilarv IN Erdnd' ClS" and that J. tN"cu-
i've ClnnenC". HIS case T. ont of IN"
court. ! can't ,ne how the courts can
rev,aw j. Certainty .udgr Ro>al~Ev has
no power 10 vn"d'e Ms commitment and
order y r"N ral II appears that TIA"
man d,d plead guilty t. burglary ~ tn"
first degree and hat hl- statements con-
h,rtsd WIN mat plea ~"mu"h - ;hHt ia"
record -noN~ only thar t." entered Mr.
SchN : hrUs" uula wfuliy. Well that -
not a matter in which a wrI' nt tab"d~
corpus can op"rite. II wt- an error on
he 0ari Of me 'rili in !Ee tp sentence
Tho man after such statements had been
received Counsel for Ia" Defendant
should have appealed On that point, But
it cannot now b" mad" TIA" foundation
for hah"fS cnrpl~ proceedings
The writ H. Of no cir"t heCauSe Brandt
VAS convicted and committed 10y a court
of competent jurisdiction That IN,
Judge committed errors doesn't aneC'
the jurisdiction OF the court tai'
the position that the STAT" should not
un'Prpo-" any technical objections but
should adopt ia" larger policy of seeing
shat Ju-tir" n don" property and "I"C-
lively Ih"'"fOr" nhai! ask that the
Suprem" Court retain jurisdiction until
We can dct"rrlln" Tn" proper "ourS"
10 pursue. HAT "Our-" seems Ia lnr
To be q farther review Uy IA" Governor.
Mr. tarmudv said that II was pOssihl,
that N" Legislature" might so act tina
Brandt cas-" could b" got before tn,
Parole BOARD When Brandt was com
Inittod tn" Parole Board could not az
in such cases until fifteen year, after tn,
date of commitment. lie b"liev"s TN
warden Of CLINTON prison viii b" dir"Cte,
To-day hv Just ice Gerard to escort Brand
back To Sim, surg aud hoId MIN there uni
decision l. gwen ~ 10 whether the wrl
Of habeas corpus l. SUSTAINED or no..
Discussing other features Of ia" case
the Attorney General compliment ed Dis
trict -tt1on"y Whitman on the repor
that NJ Whltman made 10 GOV Dix A
the time pardon for Brandt was unde
rons!dera ion by the Governor
The District Attorney" said Nlr Car