New-York tribune., 1912-02-22

p, opinion that such evidence is immate''ai.
The question before Commissioner Hahd
and the Governor he says, Is twoioid' as
I follows:
First. Was Brandt properly cohVicVed
ard sentenced?
Second In view Of all the circumstances
was the sentence excessive; or, taking INTO
account the circumstances OF the coh'ie-
tion. the youth of the prisoner ana MS sood
prison record. is executive clemency war
rantedy
"IIpon neither of these points Is the EVIL
dence sought TO be introduced important or
Instructive
The mirtltes of the grand jury, Mr.. Car
mody says do not show that the crime ot
burglary was committed, and that IL is
only by stretching every rule in taVor Oh
supporting the indictment that 1t can De
held sufficient In other respects ne
points out. It is absolutely defective. Al
| though pleading guilty TO the indictment
charging burglary Brandt denied the fact
before the court
Inconsistent with Honesty.
Brandt must have told his counsel that
he was not guilty of burglary. as he told
the court" says the Attorney General
"and Il seems to me absolutely inconsistent
with honest proceedings that he could have
been convicted and sentenced for crime
that the minutes of the grand jury do not
show that he committed, and that he HIM
self denied when asked about 1t.
"I do not find IL necessary TO dwell upon
accusations of conspiracy in pointing out
these remarkable features. IL such con-
spiracy existed. then the matter Is eX-
planned ! have yet 10 hear any eXplana-
/ ton that effectualiy disposes of the sug-
! gestion that powerful influences were at
| work TO bring about the incarceration OF
Brandt"
| Mr.. Carmody then goes into Mr.. Schin S
statement Of how he found Brandt in his
house, I'm his dressing gown, and In his
stocking feet Brandt claimed to have been
| there two hours.
| If he went there" says the Attorney
Generak Ito commit burglary he lad ample
opportunity to do so, and had ho desired
! 10 do so he would not have remained Intll
| he was caught but he did rcmaip ap?dr-
emily for the purpose of meeting Mr. SGniH.
| Whether to rob him. as Schiff claims, or
| to solicit aid, as Brandt claims. 1t was
rot burglary.
| Not Punished for Assault
| "Hc may have committed. and undoIot-
| cdly did commit henous crime Tor
which he should have been punished, ard
for which he already stands indicted under
| another charge, namely, assault, put fnat
is not what hc was punished for. lie is
here charged with burglary. lie can only
be convicted of and punished for burglary.
| Under a charge Of burglary he cannot lie
deprived of his liberty except upon an
| indictment charging him with this oftance.
and being given an opportunity 10 meet ire
accusation. To charge him with burg.ary
, and keep him in prison because he Is q
| libertinc is a transgresson OF ooth the
| form and the spirit Of the law.
The action Of Schlff, I'm escorting him To
| the front door, letting him out and giving
him $50, and asking him to .eturn three
DAYS later at which time he would con-
slider his case absolutely repelled the idea
that Schin himself thought that Brandt
had been guilty OF burglary
Mr.. Carmody calls the Governors at
tention 10 Brandt's prison record. wh'eh
shows that during his five years incar-
ceration only one mark was made aSalaSt
him, and that for talking I'm the prison
yards. Another fact OF great aignncance'
the Attorney General says, was the aciion
Of Judge Rosalsky. I'm whose court Brandt
was sentenced, in setting. aside the 'uds'
ment OF conviction.
| Efforts to Block Pardon.
Mr.. Carmody states that there Is on me
| IN the prison records letter from MI
Cans saying that he wished to be inioriheo
OF any application for executive clemency
I'm this case. Brandt says he expected MS
liberty at the end Of year. After serving
q year ne was transferred TO Clinton prison
and an effort was started by Schiff couh-
sci 10 prevent the extension Of clemency'
That effort has been renewed In TINS
| proceeding" adds Mr.. Carmody, and 10
my mind forms the most remarkable epoch
! in the history Of the proceeding.
''Tho issue should not be clouded. Brandt
Is not the important factor here. a more
jmportant factor Is, win the forms ordained
by tho Constitution for ascertalning guilt
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