New-York tribune., 1912-02-21
HAND PUTS THE CASE OVER
Hearing Develops Fight Over Permission to Allow Schf
and Cans to Testify

sonally, only examine and touch upon such
matters as are relevant to the issues.
namely. whether executive clemency shall
be exercised or not, ConhninS II 10 thal
very, very narrow issue. .,,-,..,,. o,.o,,t
Now. Mr.. Brandt is very solicitous about
this matter, because, as ne undcrstahuS
the law, and as ! understand II, ana II
must bo the law for this present actlon,
upon n judgment of the court wnethNr
providently or improvidently made--lI. as
he understands his present status. IL j.
that the judge before whom nc was trlcI
has set aside that judgment as having
been obtained by fraud and misrepresenta-
tion and by deceit, and that the com
mitment has been recalled and the judS-
ment opened. If that is the case-I DO not
see how tho court can review that, ~ DeihR
only subject 10 review by appeal-r that
Is the case. II seems 10 me that the rune
tion Of the Governor TO exercise executive
clemenCy has expired because the rrrs-
oner does not stand convicted OF any crime
according TO the records Of to-day, but
stands accused OF an offence.
Calls Hearing Premature.
Now, II ! should be right in that-aHd
wish 1t only TO be spread upon the min
utes-why, this hearing is.s to say the least,
premature Ny clent-this Is the first ap-
pearance that he has had TO give expires
sion to aspersions that have been. cast
upon him, IL / may use such an expressio IN
regarding o man who has been I'm state
prison for five years. aspersiops anectlig
his gailantry or his sense OF SallBntTy
which have been cast upon him every oe-
casion that his prosecutors nave had an
opportunity TO express themselves; put
rather than be the author OF any sucn as
pensions he subnpitted in silence TO the I'M
position of an Infamous sentence rather
than be the author OF such an asperslon'
he stayed in prison, calmly, patiently, sur
feringly, for years.
please--this is very pertinent, we consider
he wishes 10 say, and he has written
statement which, II this proceeding does
continue he wishes TO hand n--he wishes
to say at this moment that II the price OF
his liberty is to be the aspersionh OF
woman, that he prefers 10 stay In jail Tor
fifteen years more; to say IT the oD)ecl OF
this inquiry Is to produce that in more eN-
plicit terms than IL has already been IN
ducted into this case. | think that tha
court is bound 70 take notice OF the Wishes
of the person most interested. -.
Now he is embarrassed In making that
statement because evil minded people may
think that ne fears any investigation. re
is not I'M fear OF any investigation, Ihe
moro your honor investigates with an open
mind the clearer will be made the suffering
which this man has endured through the
channels OF the law.
Commissioner Hand remarked when Mr..
Towns finished that the argument was pre-
mature. however appropriate 1t might be at
another time.
Commissioner Hand then announced that
the Attorney General was TO have charge
OF the legal aspects of the hearing. in reply
to which Mr. Carmody said:
'"The Attorney General Is neither for nor
against the defendant. He is here for the
purpose of presenting certain facts within
the province Of this hearing
This avowal, believed TO be reiteration
of what Mr.. Towns had sald-that there
would he no scandal brought TO light dur
ing the observation-disclosures the
throng OF the morbdly curious which
crowded the courtroom But the spectators
did not lack for entertainment which was
abundantly furnished by the oratorical
roman candles and aerial bombs that were
discharged by counsel on both sides In the
course Of the day as they grew petulant
and quarrelsome.
Mr.. Carmody. after making that state
ment, outlined the history of the case, and
at the end of his remarks Mr.. Nicoll arose
and asked why the Attorney General had
not made any mention Of Brandts applica-
ton for pardon.
Mr.. Carmody replied he had nothing TO
do with such a paper, as It was not of
public record.
"But We demand such a paper" retorted
Mr.. Nicoll I'VE have the right TO know
the grounds on which the application for
clemency was made. We intend TO show
those grounds were false. How can we do
so II we do not know what the grounds
are?
Does the prisoner assert that no crime
was committed? Does he assert that he
was deceived in making his plea? Or that
the Judge was misled into iniicting an ex-
cessive sentence?
Urges Calling for the Petition.
I'VE are entitled TO know Of what aid
can. your honor be 10 the Governor unless
you report on all the grounds in the
prisoners petition. You cannot make any
headway unless you know the grounds of
the petition. Your commission gives you
the broadest powers. and, do not hesitate
to say. enables you TO call for the petition .
Commissioner. Hand observed that he was
not in a position TO give evidence or 10
produce evidence, but 10 take such evidence
as was submitted
Mr Carnody took issue with Mr. Nfcoil.
and called 70 the attention Of the court
that his commission from the Governor was
to examine into the defendants conviction
10 see whether or not he had been properly
convicted, to determine IL the defendant
was properly sentenced, and TO inquire into
his subsequent conduct.
ut is entirely unimportant," said Mr..
Csrmody. here. at least. what may be
the grounds for the application for ex-
ecutiye clemency. but what does matter Is
in what respect may executive clemency
be extended now. should such action be
Justified"
1T may enlighten my learned friend
said Mr.. Towns. "by telling him that no
petition for pardon was ever made by