The Washington times., 1912-02-23
DIX NOW INSISTS
He HAS NO POWER
TO PARDON VALET
Attorneys In Case Say
He Is Under Mis-
! apprehension.

NEW YORK, Feb. 23.-The ouestlon
OF pardon for Brandt having coma
back to him for the fourth time. Gov.
ernor Dix declined the issue again last
night, when he declared that even were
ne so minded he could not now exer-
clse ciemency for the former SchIff SER
Nan' because, through Justice Gerard's
cecision, he Is no longer convict.
Ihls statement brought forth a quick
oenlal from Attorney General Carmody
from District Attorney Whitman, and
from from Justice Gerard himself Also ad-
LESSONS were made by former Judge
sohin s in,orrs,, ~ parker, WHO represents the
nlchoru J.. Hand, that the governor
was sunertng under a misaprehenslon.
brandt Is siill convict and will re-
uce who sustained the writ of ha6eas
corpus signs an order and thus makes
MS decision official.
Gerard Willing To Wait.
Justice Gerard last night said that
desiring to see justice done and fear
ing that any other course might i'm
peril It, he would refrain from Of
ficially entering his order until Govern
or Dix has had full opportunity to ex-
ercise clemency II he desires TO do so.
Attorney General Carmody openly
the latter has assumed, announced that
II the governor persisted in his posi-
tion he. Carmody, would decline to APP
peal Gerard's decision.
This was the only sure way, the at
torney general said, to obtuin Justice
for Brandt since the governor refused
TO act in the face of recommendations
IRON from the attorney general. from Dis
from Justice Gerard; in fact, from
every official who had investigated the
matter.
After a conference with Justice
Gerard Mr.. whitman sent this wire
TO the governor at midnight:
Hon. John A. Dix. Governor.
Executive Mansion, Albany:
Conviction of Brandt not yet set
aside, as the order has not been en-
tered. If you desire 10 exercise olenl-
the order so that you may do So"
Mr.. Whitman added that Justice Ger
ard had agreed not to sign the order
until until Monday If the requests were
Carmody and whitman had not got
together on the telephone up to mid
night. They wanted to talk over the
matter OF the appeal which the attor-
Gerard's decision for fear justice may
be obstructed by technIcalty
so the case has become more muddled
than ever; and should the governor fail
day 1t will be a subject OF court adjudl-
cation for the lnterminable period 1t
takes to carry appeals through their
various stages.
The announcement of the governor
that he would do nothing in the case
because OF Justice Gerard's decision
postpones indefinitely the hearings be-
Tore eFCommissioner Hand and also makes
unnecessary the appeal that was to be
made to the governor today at noon BY
De Lancey Nicoll and Judge Parker.
The attorney general and the county
prosecutor are both convinced that the
brandt conviction showed gross mis-
carriage OF Justice. 1t Is by no means
certain that relief is properly to be
gained by the appeal made to Justice
Gerard; There Is grave possibility OF
his finding being reversed on some tech
nicality which would have the effect of
throwing Brandt back to Dannemora.
and forcing him to serve the balance OF
his thirty-year sentence, because
through MISUNDERSTANDING he pleaded
guilty land was permitted to do so by
the COURT to crime which he did not
commit.
Dix Can Cut the Knot.
This possibility can be eliminated en-
tirely through the action of the gov
ernor in extending clemency. Or it can
be avoided by refusing to take the ap-
peal from Justice Gerard. This Is re-
mote however, as It is within the ability
OF the governor to appoint a special
attorney general or district attorney
just for the purpose of prosecuting the
appeal.
The announcement of his position was
made not only to the newspapers, for
the general public, but directly to
Messrs: Nicoll and Parker. the Schift
counsel, and the district attorney, so
that they would not come to AlbGpy
today for the planned hearing before
the governor as to broadening and deep
ening the score of the hearings that
were to have been held by Commissioner
Hand
Mr.. Nicoll and Judge Parker received
the following dispatch from Governor
Dix:
II have decided that the conviction
OF Brandt havtrg been set aside by the
supreme court, | no longer have power
to continue the hearing before Mr.
Hand. Under these circumstances l am
reluctantly compelled to consent that
further proceedings before the commits
sioner shall, at least for the time being
be suspended. and have so ordered Mr..
HaAd.
II, of course, expect and desire that
the State shall appeal from the decision
Of the supreme court, and IL that de-
Investigation and ascertainment of facts
, before Mr. Hand. Under these circum-
stances | shall not expect you to appear
before me tomorrow.
JOHN A. DIX"
Judge Parker agreed with Justice Ger
ard thai the governor was probably
misinformed as to the actual situation
In regard to the entry of Justice Ger
ards order.
II shall not go to Albany, however"
he said Il do not know what may hap
pen In the next day or two"