New-York tribune., 1912-02-17
HAND READY FOR HEARINGS
Dix Tells What He Meant When
He Said Case Was Closed.
IRy Telegrnph 90 The TribuI

Albany, Feb ls.-Richard L. Hand. the
commissioner in the Brandt case, conterie"
with Governor Dix for more than two hours
this afternoon.
Seymour Van Saptvoord. the Governor
legal adviser. and Attorney General Gar
mody were present. Judge Hand would say
nothing 10 the reporters afterward. out
issued statement over his signature IN
which he announced that he hoped to peSiil
the hearings I'm New York Tuesday. ana
that they would be public He returned 10
New York after leaving the cXecutiVe
chamber at ! O'Clock.
Attorney General Carmody said AFTER
ward that he would represent the state IN
the hearings and that District Attorney
Whitman also would appear because OF inc
records in his office concerning Brandt Dc
fore ne was sentenced.
"Will Brandt be called as a witness
he was asked
That Is 10 bc decided by Commissioner
Hand. He has entire charge of all those
details" was the reply.
1t Ia said that there is no precedent u!
which the procedure In the Brandt inves-
tigation can be determined, as this Is un5
derstood TO be the first time that the sec
ton OF the prison law providing for IT mas
been invoked.
The Attorney General announced that he
had returned 10 the Governor the record
given him 10 famIliarize himself with the
case and that he believed 1t to be no" IN
the possession Of Commissioners Hand. NC
cording TO Mr.. Carmody. the commissioner
has arbitrary power in the matter OF sum
moning witnesses. He may summon TO the
witness stand any person he belleVes
possesses any information that VIII go ~
show any wrongdoing in any OF the pro-
ccedings. either before conviction OF III
tho courts, or whether facts were misrep-
resented 10 the Governor when the app'-
cation was made for clemency by Brahu'
Mr.. Carmody said that the hearings Woulu
probably include an examination OF every
record that has hgured IN the case.
"An attempt will be made he said 10
ascertain whether absolute fairness was
given 10 Brandt. whether the action of the
court was regular and whether the case
was conducted with due process OIL '""'
Th,s inyestjgat,on will be OF a wider scope
than many expect. It's al impor'h"' 0'
iect is the ascertainment whether wrong =
doing was perpetrated 10 the detrimen' oi
the convict Everything hinges on mat
suspicion"
In reference 10 the power of the grann
fury TO summon witnesses Mr.. OatmouF
said that even Judge Rosalsky couiu pe
subponaed it his presence we're "arroi'eu'
Commissioner Hand in his signed state
ment said:
have come 10 Albany 70 receiTe my
com mission in the Brandt matter ana aIso
20 confer with the Governor l hsh. ga
ceIyed my commission ana nave bIIautT -
for Tho future 20 the extent that proNlsiYu
lin IA made Tor a. hearing before me IN
New York at some place 10 be ohhoIsrtE,e a, is
Such hearing will be public ore anu anu nr ~
hoped that the ftrst session WI ~ ME .tTs V }s
tuesday OF next week, although ms is
necessarily uncertain II can only DC salo
that the hearing Will be as soon as P2S..
sihle and the induiry Will proceed as rspldl!
ns possible. In the present sltuauon s''''
is absolutely nothing more 10 Ve sa'u'
Governor Dix today denied that he had
talked 10 Charles r. Murphy or Delaney
NicoTI on the Brandt case, in answer 'o
n report that District Attorney whitman
was 10 call Mr. Murphy before the grand
,ury. which is investigating the case. IL
was stated that Mr. Murphy and Mr.. NicoH
had urged the Governor 70 deny Brandt
application for pardon.
Il have seen Mr. Murphy only once IN
the six or eight months" Governor DIX
said And have not discussed the Brandt
case with any one except the Attorney
General and Mr. Van Santvoord.
Governor Dix Is emphatic IN his denial
that hc ms changed his position in THIS
case
when 7 said tho case was closed. he
said ~ meant that 20 far as the record
before me- was concerned the case was
closed. There had been anonymous let
ters and newspaper statements Of mat
tors NOT I'm the papers before me, but they
were not in legal form and could not be
considered. Later there were allegations
~ new evidence which might change the
asp.ct Of the case and ] appointed Mr..
Hand 10 see n the allegations we're sub
stantiatsd. Only on new. evidence can the
decision he changed"
A bill which may have a bearing In the
Brandt case was reported favorably by the
Senato COMMITTEES on Penal Institutions.
n was introduced by Senator Ormrod ana
nrovides that n the Governor crrtlles that
In his opinion a person psrdoned by him
a. no, p,Iiitv OF tho crime for which he
wes Imprisoned such certificate may ne
made the basis OF a claim for cOmpensa-
ton to be adiudicatsd by the state Board
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