New-York tribune., 1912-03-01

man. he says: Friday last the blstrlcl
Attorney Of New York County declares
that 'Brandts indictment was illegal
his conviction was illegal and his SON
tence was Illegal. ! find no such cob
clusion nor even suggestion Thereon IN
the official report and recommendation
made TO me 10y The District Attorney.
He quotes from Mr.. Whitmans report
as follows:
Aside frcm any other phase Of this case
IN the court records alone, am lncilheo
10 believe that executive clemency might
without Injustice TO the people or me state
be extended 10 this defendant VINO has
served five years In a state prison.
cannot escape the conclusion that Il ,mls ,d
case with all the evidence obtainable' mao
been submitted to a trial jury, reason
able doubt might have been created IN me me
minds OF the jury as to whether tne ue-
fendsnt was in the complainant mouse, ~
set forth in this indictment. with burglar
Gus intent and | am inclined To the Deilel
that this convict made his plea OF sulity "
this indictment either under nhsaPilc
hension az to what he was doing or as "a
victim OF misrepresentation as to "hat IL
involved IT, after having examiner the
somewhat yoluminouS records aindaNlt
and statements, your cXcellency 1eelS tnHt
in the interest OF public justice, favorable
consideration should he given TINS appuca-
dion ! would recommend that the senleh,'
be so commuted that the Board OF faroie
may act upon this case.
Not q word here or elsewhere III the
report of illegal indictment. conviction
and sentence" says the Governor. Nor
by the widest stretch of the imagination
crn any such inference bc drawn from
the report without grave injustice to the
District Attorney, who II he had discoV-
cred that Brandt had never been legally
convicted and sentenced could not nave
failed 10 urge upon the executive the
granting of a full and immediate pardon.
II the fact that. Notwithstanding
his plea of guilty. the declaration of
Brandt that he entered by an open door
did not in the professional opinion OF
the District Attorney Oh January ~
nullify the conviction, how did that fact
to his mind on Friday night last make
such conviction illegal
There is another hit at District Attor-
ney Whitman in the Governors COM
ment on the report Of Judge Rosalsky.
in which he says:
The report made TO NE by Judge Ro-
salsky. after lie had received from the Dis
trict Attorney copy OF the latters report
and recommendation above referred 10, de-
clares and states that Brandt was legally
convicted upon his plea Of guilty after be
Ing distinctly informed from the bench OF
the nature Of the crime, the gravity or the
offence aud the maximum imprisonment
therefor.
And yet, strange to say, while the public
prosecutor, although not then Suggesting
the illegal conviction for which he now
contends hesitaUngly suggested in his re-
port that executive Clemency might, with
out injustice TO the people of the state. be
extended 10 the defendant the magistrate
On the other hand, while sternly ana en-
phatcally upholding the conviction and sen
tence. nevertheless declares, i'm his report
"a tho Governor, that iii Your Excellency
should conclude, from the evidence before
you. that, as the result 81 perjury OF
subornation OF perjury. the defendant was
induced to plead guilty to a crime which
lac did not commit. and that he is serving
Imprisonment upon charge of which he Is
gujltless, and that justice miscarried-aS TO
which I can express no opinion for want
Of knowledge OF the matters brought 30
Your Exccllencys attention-thcn the pris-
oner should be liberated forthwith.