The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-02-14

They hoped to persuade Judge Rosalsky
n delay action and informed him privately
of the agreement they had made with
Justice Gerard.
srGGIsTED PARDON TO DIX.
But the Attorney General had an ink
Ing that Judge Rosasky had made ur
ls mind 10 go ahead for the purpose of
clearing his own record or Of justify
ing it 10 the Attorney General called
Gov. Dix on tho long distance telephone
End told him hat the only way out Of the
regal norass was an immediate pardon
for Brandt The District ATTORNEY was
in fun agreement with MIR Carnodv on
that. convinced that Justice Gerard
would have to dismiss the writ of habcas
corpus and remand Brandt back to prison
and satisfied that Judge Rosalsky lacked
rover Ia reopen the case. they hoped
that the Governor would cut through
ihe whole tange at once. The Attorncy-
General laborcd hard for quick pardon
iult Obtained only tho Governors assur-
ance that he would aproiut Justic" Gerard
special commissioner TO report on par
siop
Tho Governor. after talking with the
Attorney -G"neral. made III" announce
men, in Albany that p-ardt's rasa had
been it'i up 10 Justice Gerard rs special
commissioner VI. Dly said. however
that he dec,dcd 10 apI-cnt Justice Gerard
before No was informed of the fact thlt
Judge Rusa!-ty had determined 10 give
Brandt y ncw trial IN" Governor I'M
mediate sent thls telegram 'o 'us,ic .
Gerard
Hon jrwrs Gr,pr'. Sgpr'wc 'oW'!
Cnrmb,, ,a Nor IC-i ,.'v.
| have aapoin'ri yoG commissioner 80
ronduo' a hrtrGE ~ ~" matter OF an arpu-
cation for 'N",ufiyr ti"mrnr" in ~" 'Hsr
OF Tour,c I.rs,r Brandt under section
"a? Of ~" Prison LEV formal written az
roin mon '.l iouoN ioHN \ DIN
The section "r the state prison act
under which the Governor made tn" au-
pohtmenl i1ovido,
The Go'ern"t rla" appoint a rrr-on to
conduot hearings IA "a matter pertaining 10
en- anpu alton tor ci"neacy and Ia com
uen-a'ir, .,aI not "v"rru 50 day tor
zach da. q, ~. 90 such person Uuun the
conclusion uI -."h hearing -uHll forward
tothc GN, H"ior Without d,.n. tn" t"-tin. .pHy
taken before him lu" Govrluur may direct
thai a person -u"pWUb"u J." HIM sHHil Hp-
near before y person dos ,Enat"d NF hlIn T."
condu": hearing ~ uroS iied 10y this 500
tton and q U"r-on =" suburrard shall pro
duce an lUNh. 'Aa"r -" Nlltiug t"iorr
RAID per- ~ ..n ,i"-t -ua'Nd bv the Goy"tnrv.
The power conferred ~ ih!- and kim
dred -"ct ln- oS TIE stat" prison law
empower .l.'-;icn Gerard II eNamtn" ali
persons who hayc any knowledge nt Facts
connectoI with the .rausa'; .ou that took
place 4 the iir" thai Bran,.t was detected
in tho Sc'iT hom" :ud III the proceeding =
that res ',ij.i uliliIa' ely IN h.~ confession
and CONVICTION ana scntenC" To state
prison lie can iik"wi-" direct ~" pro-
dnctiOn OF al. records. documents auu
uhnr written matter which hds a bearing
on III" Ca."
Tho aCtiln of the Governor bears oUt
ihe predictions that have been made il
THE SrN that Gov Dix would reopen IN,
case and tho-" who have studied III,
situation believe that the procnedinC'
which are now IN progress will result II
Communication of tho prisoner sen'enC,
and his restoration 10 liberty
Gov. piS made the announcement o
his determination 20 reconsider Brandt {
application fo- cl"msncy and his appoint
ment Of Il speC..l commissioner a a lat'
hour Yesterday a! ernoon
Fos,LSNv'S INDIFFERENT ACTION.
Before Judge Rosalsky opened court a
2P NJ the news Go' around that Gov
Dix had turned he whole BranC. cas-
over 80 Justi ice Gerard Apparently. how
ever. Judge Ro>al-nv mad no; heard abou
the Governor : action. ii" proceeded L
review tr. case without considering wha
mad taken place prev .ousiv IN the dav
When Alton Il Parker appeared a. tn.
lawver- table III Part lN of General Sos
sions there was 'puS.icrahl" surprl-" "N
pressed by persons int"res'"diiu IA" case
Judge Parker himself Wa not sur,
whether na hal an actual right To app.a
IN the proceeding. No objections were
raised however. and after District A.
Iornec Whitman had objected 20 the pro
ceednG and Lawyer Towns had acunlesC",
IN the objection JudC. Parker mad. al
address to the court IN winch he read
letter he had received from Mortimer l.
Schif IN which Nir. SChitf said that Brand
had written an insulting tetter 10 Mrs
SchiT and that Brandt had mad" inur
derous attack upon him. He asked TO
full inquiry
RosALSRY SHOWS EMOTION.
After Judg" Parker nai made sp.cc
in support of luGcc Rosalsky' cours
DURING rhe trial "f Brand' and defeidin
the commitment. Judg" Rosa iskv tool
uphis own defence and said hat his recort
on the bench would compare favorabl
with that Of any Judge He spoke wiz
marked emotion ne Judge Genie,
rhat there had becn improper act ion ol
:. MS part and that ne had presented IN
brandt case 10 the Governor exactly a
che case seemed TO him
Then the Judge ordered that Brandt
old plea of guilty 10 burglary in the firs
degree be set aside and that plea OF no
guilty be entered As the basis for hi
action, he made this entry on the In
dsctn.ent:
On consent OF the complainant a motto
to Get aside defendants plea OF guilty
the judgment OF conviction. sentence an
commitment hereunder Is hereby grantee
the DIstr!c' Attorney appearing and nc
consentiny ana asking for An ad louTnrnen
on aCcouu' Of tho Dcndancv Of ths pro
ceedl lngs ON the return OF a writ OF hahea
corpus issued bv Mr. Justice Gerard
Judge RosalSkv seemed 70 think tina
ne could ordar Brandt strai ghtway be
tore MIN from the Tombs where Justlc
Gerard had committed the man. and h
called for Brandt'sappearance but Judg
Parker hastily Informed him that ne ha
not the RIGHT to III, that so .Iud ga ROsalsll k