New-York tribune., 1912-03-01
DIX DEFENDS HIS ACTION
IN THE BRANDT CASE
Governor Says He Didn't Pardon
Him Because of Prisoners At
tack on Honor of Woman.
CRITICISM FOR Mr.. WHITMAN
Not Only Legal but Moral Ques-
tions Are To Be Considered,
Says Governor, in Appli-
cations for Clemency.
IBy Telegraph TO The Tribune.


Albany. Feb. 20. Governor Dix gave
out statement tonight defending his
action in refusing to pardon FOike Il.
Brandt, and frankly saying that the re-
fusal of a pardon was based on the fact
that Brandt in asking executive Glenn
ency did not scruple to attack the honor
of a woman and invade the sanctity OF
a home While taking up this phase
of the question at great length, he does
not enter in much detail into the ques-
ton of whether Brandt was illegally in
dicted, convicted and sentenced, but
criticises the report of District Attorney
Whitman severely and praises that OF
Judge Rosalsky.
Features of the case that have hereto
fore been CLOSED over in the published
accounts form the body Of the statement
by the Governor, who thus justifies HIM
self:
The seal which, in Difference to the spirit
Of common deccncy. placed upon me
papers after deciding the Application ha9
been broken by the fact that pubic re1tr-
ences to the ~CandalC us allegations III ti'e
case have since been made by representa-
tives Of those most painiUly a1ected. Ana
| consider that the Executive has Deen dp-
solved from what might overhastlly De
claimed as a breach OF confidence On my
part in making the foregoing references 10
the statement which was part OF MS ap-
plica'icn. For these reasons, ana 10 ds tn.9
extent alone. has my regret at the neceS-
sitv pf the present disclosure been tenn
pcred
This follows upon the statement that:
I'm the exercise OF executive discretion
a
name of a woman and a mother, VINO mas
rever had an opportunity To defehd tnat
which is dearer than LIE ana npertS a. ~
IS 10 protect the much -mooted legdl rlbH's
of one who has been convicted OF crime
upon his own plea OF BulitS-
when the law in his case Is so holl! u,s,
puted and TO "A layman AT least, stonL9 -, 80
FAR from being conclusively proven ana eS-
tablished.
And hard upon that the Governor says
The record of the Court of GenetaI S%,s- %
sjons Indicates that Brandt entered NJ
Schiffs house through an open 400, rotarrnJ =, rod
basement In his statement above reisiItiu ,i
to he declares that, in anticipation vi no
visit to the house. he received rom an an
inmate Of the house Key ,o,,l io o,H me-, as
ertrance with very SPECIFIC directions as
,n urhat he was to do with the KEY aiter
entering the house and now the Wy ~
10 he returned II by cnance not uScu, , ~ ~
commenting upon his statement III C~oult ~ w
,ho oNect that lie entered through an opeh
door I'm the basement. he says III ms hIS 1,u,,o
mont before me: II reCollect now ne 'J'uSI
RosaIskyl tried to make me confess 'hdt l
IA forced my way into the house. ,put
kent 10 my statement. YOU SIT, ul"""''
odiy surlnise my reason for so dolnE. ,..,,,,o
The conclusion u.s. ot GourS', ,nrod The
,bat he here claims 10 have tnl'reu 'u'
bouso nv use Of the key, ana III any POS
sihle doubt exists on that score fr, u is ~
posed of by the fact that ln' ,hd, ~ ",bo
,ba pistrict Attorney declares 'ndt lh'
cnrvIct IBrandtl states to me that ne , e',-
,nrod the front door by means OF Key
civen him by an inmate OF the mouse
ITO statement opens with an account
of how Brandts case first came peiore
.bo Governor. this being given to prove
that the prisoner himself did Apply ior
executive clemency. ON November y
1911. the Governor says, his pardon ''efh
attended a meeting of the faro'c bo"ru
at Dannemora. and the next DAY 'aiked
with several prisoners who were con-
sidered as entitled 10 executive ciefh-
encv. Among them was Brandt VINO
had been suggested for a pardon either
by the warden of Dannemora or the
state Superintendent OF Prisons. Brandt
gave the pardon clerk "A twenty-five
mage letter marked "Confidentiar and
/
beginning Dear Sir"
In referring TO this letter in later
communication. the Governors state
ment says, Brandt said:
most earnestly desire that 1t referring
to the statement be treated IN a strictly
confidential manner. regret very mucn
that developments In my case torce me
,o write and explain incidents that hap
nened while in Mr.. Schins service. and l
,uouId not resort 10 such details as basis
~ asking for executive clemency, but in
view Of the fact that they seek to have the
nuhIic as we'll AZ yourself believe ] am
ilar n IL absolutely necessary TO lmpart
:" Won details, much as ! regret II. In
iooLinq over "A copy OF the letter written
"ou Yesterday ! find in my extreme haste
10 get .he letter away so II would reach
Won carly to-day. ! made quite few errors
IN The typewriting of same. Would particu-
iari,, cali your attention Ia tn" last para
granh or p s II is explained more fully on
oare : of my statement
Brandt again referred to 1t a. my
ooo edentiaI letter to the Governor" The
Governor says:
Here then, is convincing proof that
Brandt did make application 20 me for
nxscutiye clemency and that the statement
referred TO was by him intended 10 be con-