Norwich bulletin., 1912-02-22

opinion, submitted to the governor to-
night, contends that while Brandt
may have been guilty of a crime,
there was no evidence in support of
the conviction for burglary, first de-
gree. Brandt, he says, is not the i'm
portant factor in the case That fac
tor is:
'Will the. forms ordained by the
constitution for ascertaining guilt be
observed p
Attorney NcoIi Wants to Argue
Governor Dix received a telegram
today from Delaney Nicoll of New
York, asking for the privilege of max
ing an oral argument before him on
the question of immunity, which was
raised at the hearing before Commis-
sioner Hand in New York yesterday.
He said tonight that he had not decid-
cd as TO the request
Attorney General Carmody said to-
night that he was given to understand
yesterday that Justice Gerard would
grant the writ Of habeas corpus in
behalf of Brandt today unless Govern
or Dix granted a pardon.
Governor Has Power to Act.
That was one of the reasons" said
the attorney general, why l urged
the governor to grant the pardon to-
day so that all possible complications
in the case might be avoided. 1 still
hold, however, that the governor has
full power 10 act IN this case irrespec-
rive of the fact that the writ has
beer granted
Mr.. Carmody was unable to say
whether an appeal would be taken
from Justice Gerard's decision, until
he had an opportunity to examine the
opinion. H9 has eontended that Jus
tice Gerard was powerless to grant the
writ. Justice Gerard's writ, according
to Mr.. Carmody, places Brandt under
the jurisdiction Of District Attorney
Whitman Of New York
Governor Dix had no comment to
make on Justice Gerard's decision.
Attorney General Explains.
In his opinion to the governor. At
torney General Carmody outlines the
proceedings lin the case to date and
explains why he united with District
Attorney Whitman in opposing the
swearing Of Afr. and Mrs. Mortimer J..
Suhiff, Howard S. Cans and perhaps
othsr witnesses before Commissioner
Hard, "for the purpose, as stated, of
opening up the whole matter, and
showing that Brandt had attempted to
assail and desecrate the fair name of
Mrs. Schiff-"
Would Go to Bottom Of Whole Case.
Mr.. Carmody SAYS he opposed this
upon the ground that it had no bear
ing upon the investigation before the
commissioner and that he united with
the district attorney believing that
justice demands imperatively that the
grand jury investigation 60 to the
of Nd
tain what influences, if any, were in
strupental in bringing about the re-
markable results which are before US
in the conviction of Brandt"
Don't BeeIoud the Issue.
80 important Is the matter con-
tinues the attorney general, that l
believe nothing should be done in this
present investigation that would
either furnish immunity to parties ac-
cused. or give them any other oppor-
tunity of eVadiag or avoiding or cloud
ing the issue necessarily to be deter
| mined before justice is ultimately done
in this case"
Mr.. Carmody says he is strongly
Of the opinion that such evidence is
immaterial.
Inconsistent With Honest Proceedings
Attorney General Carmody further
says:
Brandt must have told his counsel
that he was not guilty of burglary, as
he told the court, and it seems to me
absolutely inconsistent with honest
| proceedings that he could have been
convicted and sentenced for a crime
that the minutes of the grand jury do
not show that he committed and that
he himself denied when asked about 1t.
4 have yet to hear any explanat ion
that efIectuaIly disposes of the sug-
gestion that powerful influences were
at work to bring about the incarcera-
tiOn of Brandt"