davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1912-02-14

scurrilously attacked Why an attempt
should now be made 10 make 1t appear
that used or tried to use, any lHhp.okgo, go
means TO secure a severe punlshHleh' i'i
this man, do not know.
My record and that of my counsel MT
Cans, Is clear. We took no part III t,ls
proceedings which led to his final pea .,
guilty. and his ultimate sentence. Deso.,I
TO make sure that the public ofncials
charged with the conduct of the case Were
placed In possession Of all facts at our
command.
Nor is there any mystery about my at
titude toward Brandt's recent enorts ~
secure Executive clemency. III ms requSsss
for a pardon had been based on tne srouiu
that he was penitent and realized the enoI
nifty of his offences and sincerely intendeu
TO lead better life, | would not nave op-
posed II, but certainly no one coulu o.s nave
expected me to take that position respetEe- a.,
ing an application based on the Same ~ ~
fsmous and lying stories when ne haa dl-
tempted to spread before - - =
I would not have done my duty II
had acted differently, yet now nave oeefi !
attacked in the public press as II II were
and not Brandt who was the ofender.,
have been accused of conspiracy ahe ue
ceit and a confessed felon and de1aineI
of character has been held up as al opJoN
of public sympathy. ,o,,. .
Urder these circumstances. am ANXIOUS
that there should be the fullest possIolss
investigation of all the s.,cD facts cohhGcsgu em
Indifferent as to the form this investiga-
tion NAV take. provided IL is thorough
impartial. exhaustive and public l..
n the best way TO secure this result IS
by reopening the judgment of conyieton
and placing Brandt on trial for the crimes
for which he was indicted. / hope that
course viii be pursued. II that cannot be be
done. 7 urge that some other method Dc
adopted by which all the facts may oe aS
certalned and the whole truth made known
Yours Faithfully. ec,JrEF
Hon ALTON B.fPARKER, New 1orh'
New-York tribune., 1912-02-14
DIX OPENS 'CLOSED CASE"
Appoints Justice Gerard to Re-
port on Brandt Pardon.
ILLEGAL ACT, LAWYERS SAY
Governor Refuses to Believe Car
mody Gave Out Anything on
~. Case He Decided"
LRy Telegraph to The TrIbune.


to night that he had appointed Justice
James w. Gerard a commissioner under
Section 262 Of the prison law to conduct a
hearing in the application of Brandt, the
former Schiff valet for pardon. The Gov
crnor said he had taken this action after
consultation with Attorney General Car
mody In New York over tho telephone and
on his advice This action was taken en-
tirely independently OF and without refer
cncc TO tho action OF Judge Rosalsky in
granting a new trial 10 the convict, tho
Governor declared.
Section 262 OF the prison law empowers
tho Governor 10 appoint a commissioner
AT so a day 10 investigate and hold hear
ings in applications for pardon. This rep
rcsentatiyc OF the Governor is TO have all
the Governors power OF subpoena duccs
tecum.
Lawyers here were amazed when they
heard that the Governor had appointed JUS
tice Gerard In this capacity Some OF them
declared that in view OF Section 10 OF Ar
ticle OF the constitution there was the
gravest doubt whether such an appoint
mcnt could be made and whether the JUS
tice could legally act as the Governor 8
representative. Others said there was abb
solutely no doubt that Justice Gerard could
not legally do this work.
Section 10 OF Article Of the constitution
stipulates that judges OF the Court Of ApL
peas and Supreme Court justices shall
, not hold any other Office or public trust"
The Interpretation OF the situation given
by most Of the lawyers here IS that the
designation OF Justice Gerard by the Gov
Ii TTss
trust" and ono for the work OF which the
justice under the law could collect so a
day.
At the Executive Chamber Il was said
there was precedent for this action I'm the
appointment by tho Governor Of Justice
De Angels TO investigate charges against
the Sheriff OF Onondaga County. whom the
Governor recently removed from Office.
The designation Of Justice Gerard was
made by teleEram. which declared that
formal written appointment Will follow
Governor Dix apparently refused 20 ac-
knowledge that there IS any difference OF
opinion. or over has been, between him and
Attorney General Carmody on the Brandt
case. He maintains that he doesn't believe
Carmody ever said efforts were being made
by politicians 10 discrcdt the Dix admins
tration. or that great pressure had been
brought TO bear on the Governor TO keep
Brandt I'm Jail, or that Carmody had made
public parts OF the record which was pre-
sented to the Executive IN connection with
the application for pardon.
do you think there is anything incon-
sistent," the Governor was asked. be
tween the action Judge Rosalsky now
In, Il 10 tot
report TO you on Brandt's application for
pardonT'
The Governor took long time over the
answer to this question, apparently at first
misunderstanding its purport lie finally
said
Yes. that Is so practically"
The Governor said he didn't believe the
Attorney General had given out the state
ments in which he was quoted I'm this
mornings papers.
New-York tribune., 1912-02-14
Demands Of Public Policy.

Public policy demands that even the hrst
offender who commits a crime OF violence
should be severely dealt with in order that
other evil disposed individuals may be de-
tered from transpressing the law.
To deal lightly with offenders SIMPLY OF,
the scOre of no previous conviction Wouln
result I'm q multiplication of crimes OF this
character. | should regard II as serious
evil I'm the administration OF criminal Jus
tice II undue lenity be shown TO the young
who commit crimes Of violence.
'I have this day January 9th 1912, at
II a. m) received from District Attorney
Whitman a copy OF his report in relation
TO the Brandt case. addressed TO Your
Excellency," Judge Rosalsky read from his
report, but have not received with this
report any Of the affidavits, statements, or
papers referred to therein. ! am therefore
in no position to express any opinion on
the merits Of Brandts application for
clemency." Then he continued:
AS 10 the District Attorneys suggestions
that Brandt pleaded guilty either under
a misapprehension as TO what he was do
ing or as a victim of misrepresentation as
10 what II involved" ! respectfully refer
your excellency TO pages ., 3. 4 and OF
this communication, and to the record OF
the proceedings had at the time of the plea
and sentence. In my Judgment. It most
clearly appears that the District Attor-
news suggestions are entirely inconsistent
with the established facts In the case.
New-York tribune., 1912-02-14

opportunity OF publicity, vindlcatine ''
honor and that of his beloved wiie'
After reviewing In his report TO the gov
ernor the proceedings In the Brandt 'sso
as Il came before him for disposal Juose
Rosalsky said in part:
The Legislature regards burglar IN IN has has
first degree as a serious oiIence aiu rear-
made lie penalty not less than Ten yea"
or life imprisonment ,5 he inclined
II he had been older, ] should De III in' In,
I'm this case 10 impose fhe maAliIIu''., - p,his
isbment In this case, as Warhihs " arho
defendant and to others. either tiLVPsSS tinPsS uav-
are employed in households or me ne "onn's
mon that NAV enter the sancuty 9l ,omow
b"rne and there commit crime ana o,'t LoIiOT
r. with violence. exemplary punishment
must be meted out. " 49,, dotandant
The record discloses that the oel ,orn
fuIly understood the nature OF the ptbe
ceedings and the deep signlhcanCo o,rolty v,
charge against him. and the severe Pe''"'''
which the court could impose upon ~ nm ~, q
Although Of foreign extracuon anu Iu,dort'a Du a
feuy wears IN this country, tne Geie. ,'. 20
answers 10 the questions when ! 9ut Lii,
Sim show that he was intelligent anu IJnS :, :,
con,prehended the matters CoileS, CoaG ~ ne
which I interrogatcd him Ihere "aa ,or ~
necessity for the services OF an 'n'''
prefer.
New-York tribune., 1912-02-14
DECLARE SCALDER INSANE
Kelly, Who Helped Kill Man in
Bathtub, Goes to Asylum.

The commission appointed by Justice
Lester w. Clark, Of the Richmond County
Supreme Court, 10 inquire into the mental
condition Of James Kelly reported yester-
day that Kelly was insane. Justice Bene-
diet then committed Kelly TO the Mattea-
wan Asylum for the Criminal Insane
Kelly was one Of the three men indicted
for scalding TO death Harry Williams. an
aged and helpless paralytic, in a bathtub
AT the New York City Farm Colony, at
Castleton Corners, Staten Island, on Janu-
airy last The three men wanted TO get
rid of Williams to avoid the duty OF bath
ing him each day. and killed him by put
ting him in a tub OF boiling water.
The report Of the commission said that
after hearing considerable testimony. i'm
cluding that OF George Sanford Parsons,
counsel for Kelly, and after examining
Kelly himself il concluded that Kelly was
insane at tho time of the act set forth in
tho indictment and potentially dangerous
10 the community and was in the same
eendition at the present time.
Justice Benedict had four physicians ex-
anime Kelly-Dr. William Br6addus Pritch-
ard. Of Manhattan. and DR.. William c.
Walser. Dr. James l. Devlin and DR..
Charles Allen, Of Staten Island. All agreed
that Kelly is insane.
DR.. Pritchard defined Kely's insanity as
partial imbeclity," and said he was OF
the sub-type known as epileptic imbecile.
The men who were indicted with Kelly
were Alfred Waters, alias Harry r. Carl
ton, and Adolph Rahm. Waters, who had
served twelve terms in various state
prisons and other bStitutions Of correction.
pleaded guilty TO the charge, and was
sentenced TO twelve years in Sing Sing by
Justice Kelby. Rahm, who is also known
as Harry Sinclair, win be placed on tiial
the latter part of this month
II was after the circumstances surround
ing wTliamss DEATH had been published
exclusively in The Tribune that District
Attorney Each caused. the body to be ex-
humed, and made All investigation which
resulted in the Indictment Of the three
men.
New-York tribune., 1912-02-14
NEW BILLS IN LEGISLATURE
No Inebriate Colony at SmithtoVn-
To Incorporate Art Association
IN Telcgraph 10 Thc Tribune. ]

BY Telegraph TO The Trlpuhe'J -
Albany. Feb. 13-Smithtown. in suuo's
County is apparently worried over the p0s,
sibility of waking up some morning sn'
finding a hospital and industrial colony i0r
inebriates there. SenatorfLong and AsSe"'
blyman Thompson. of Suffolk, to-day VI,
troduced bill providing that the inebrisls
colony shall not be established IN uhSs
town. 81,
Senator Wainwright introduced Oh"
making Arthur w. Lawrence, Willie.
Ryan and Franklin Ryan a commssoH
TO examine the water supply Of Westches
ter County, and recommend 10 the super
ylsors such legislation as they consioei
requisite :.
A bill by Senator Burd provides for u,
censing BARRIERS and creates a board o.
three examiners, TO be appointed by tne
Governor.
The National Academy Association ~
New York CITY, the object OF which Is 70.
encourage the study OF the fine arts wou'a
he incorporated by bill introduced pys
Senator Wainwright The corporatorS
named In the bill are John W. Alexander
Howard Russell Butler. Frederick DER
msn. Harry w. Watrous. Francis c. Jones'
KENYON Cox, Daniel C, French, Herbert
Adams. Cass Gilbert, Alexander T. Van
Iaer C. Grant La Fargo. William A. Bor-
,ne Arnold w. Brunner Elliott Dainger.
ueId Henry A. MacNeil. Isidore Konu. Bert
Hanson Dom Barber. Edwin ~. ,Blssn-
6oId charles Dana Gibson. William d
Gaynor and George McAneny.
New-York tribune., 1912-02-14
"pIeas Of Guilty Common

1t is therefore manifest that deIen9g T.
ants plea OF guilty to an lndletiheHt u
quite a common occurrence. .,,..
After a careful and thorough consldeid-
tion of the defendants case. felt thdt INC
interests Of Justice and the protection oL
socIetv demanded that a severe fehtchtc
should be imposed. and | accordingly sen.
fenced the defendant TO a term OF '"''''
years imprisonment ,,.tuod q,
NV reasons for so doing are contalheo ~
length in the record at the time that ser
tence was imposed. and for the purpose VI
brevitv I respectfully refer YOUR exceHenooE
60 Tho stenographers minutes. April y l'O''
pages Il TO 49, inclusive. + ,on-
Since nv accession to the bench IN 1870,
have always imposed severe sentences tSs
unon persons convicted Of burglary IN the
go degree robbery In the first degree, or
other heinous offences. In my Judgment
a frst offender, although young VINO com.
,,its the crime OF burglary In the hrst
degree and follows Il by violence upon a
human being in the burglarized premises, premises,
should be severely dealt with for the reason
tbet his crime evinces a deprayed and
murderous design.
New-York tribune., 1912-02-14
.RosaIsky's Report to Dix.


In his report TO the Governor Judge Ro-
salsky expressed no final opinion as 70
whether Brandt should be parGoned. but
urged that If the Governor was OF the
opinion on all the evidence before him
that Justice had miscarried in the case, he,
the Governor, should direct the Attorney
General 10 make a thorough and rigid in
vestigation before a grand jury In this
county presided over by justice of the
Supreme Court. with view to bringing
| 10 justice those responsible for this out
rage against the law
The courtroom was crowded when the
proceedings began before Judge Rosalsky.
AS matters developed excitement in
creased, and a curt command from the
court attendants was all that prevented
an outbreak on the part of the spectators
when Judge Rosalsky announced that he
| granted the motion for new trial.
Brandt's presence in court was not re-
auired lie remained in the Tombs.
| The report had gone out that Judge Ro-
salsky would in all probability acquiesce
to the postponement agreed to before Jus
tice Gerard, and apparently everybody in
court, including the District Attorney and
the lawyers in the case, expected that was
what would happen-
District Attorney Whitman stated the
circumstances OF he proceeding before
Justice Gerard and asked for a weeks ad-
journment pending his decision. as had
| been agreed. Mirabeau l.. Towns, counsel
for Brandt, stated the substance OF the
motion pending before Judge Rosalsky,
but concurred with the District Attorney
and said he had 10 objection TO an ad-
journment Judge Parker had been on his
feet while Mr.. Towns was speaking, and
when the opportunity was afforded he
asked
will the court pardon me just mo-
ment? ! ask the indulgence of the court
for a few moments only"
There was no objection on the part Of
the court. and Judge Parker continued by
saying that his client. Mr. Schih. had been
advised through the public prints of the
proceeding before the court and that he
wished to say just word about IL as TO
the attitude of his client. He then pro-
ceeded to read Mr.. Schiffs letter urging a
thorough investigation of the case.
Judge Parker said that his client had
never had an opportunity OF injecting him
self into an application for clemency. based
on the grounds Of contrition and reforma-
ton since Brandt was sentenced.
Instead OF that, according TO reports"
he said, my client attempted to gain the
sympathy OF the Governor and other Of
fcals by posing as q martyr, under the
Infamous suggestion that Brandt's presence
in my clients house was TO keep an ap-
,ointment with one dearcr than life itself.
Charges So Foul and Outrageous"
with an instinct natural to fathers he
has felt like resisting the call of civic
duty. which demanded public exposure or
charges so foul and outrageous. But he
resists no longer He hopes now for trial
which will enable the public TO Judge OF
the prisoners crimes and afford him the
New-York tribune., 1912-02-14
LIVINGSTON ESTATE, $5,soo,ooo.

The transfer tax appraisal OF the estate
Of Johnston Livingston, who died on May
I, 1911, was filed Yesterday III t"e ourro-
gates Office 1t showed reai estate and
personal property valued at s''SO"Sls' The
report was originally eq Sd # ,tausTy 10 asrva iS
TH' ~ ndroSs the appraiser, because of an
error HIeTs; in placing W the value on 29o9 shares
Of Southern Railway stock The GSe first anG re- re.
NV NV lepo fS NJ TiSingston was divided az fol-
i"ws ess@le GGeTaldyn q redmond. son in law. s99
zoo: Esteue l.. Redmond daughter daMghiter' E;;SSI.
J9s. and Garcia l.. dc La"sicr Vi1ars'
daughter, $2,Si9,22l'
New-York tribune., 1912-02-14
"This Preposterous Claim"

have read in the public prints that the
defendant claims that he Is innocent Of
This crime. and that he had been assured
by some one (by whom docs not appear
that. II he should plead guilty, he would
bc sentenced TO imprisonment for term
of one year or ten months. The answer
10 this preposterous claim is found In the
fact that the minimum punishment of
burglary in the first degree Is ten years,
OF which he must have been advised by
his counsel.
The report ended with the recommended
tion OF commuted sentence. to be fol-
lowed by a special grand jury investiga-
ton, II the Governor should conclude from
the evidence before him that. as result of
perjury or subornation of perjury. the de-
fcndant was induced TO plead guilty to n
crime which he did not commit. and that
he was serving Imprisonment upon a
charge OF which he was guiltless.
After announcing that he granted the
motion Judge Rosalsky said that he did
not intend any reflection upon Justice
Gerard by his decision. but that he had
been advised on eminent authority that the
defendant could obtain no redress in the
Supreme Court lie suggested that Brandt
shculd be tried before another Judge, and
not the one who had imposed sentence.
New-York tribune., 1912-02-14


yesterday before Judge Rosalsky, in which
Mortimer L. schlff asks Judge Alton b.
Parker TO appear in his behalf during the
Brandt proceedings: ... ....
February l3, 1872
NY Dear Judge Parker: / have deter
mined to ask you to appear on my behalf
in the proceedings I'm connection with the
Brandt case, so that my position may be
thoroughly understood and my attitude be
made clear, r.s
The facts are simple. Brandt wrote an
Insulting letter to my wife and. was at once
discharged from my employ. About
month later he entered my house at night
and lay I'm wait for me In dark room. AS
entered the room, and before | realized
his presence, or word had been spoken.
he struck me on the head with heavy ten
pin. Near at hand he had. carving knife.
lie had disconnected the electric bells and
had so prepared a situation where / was
apparently at his mercy. with no chance 10
summon aid. While waiting for me he had
possessed himself of Two articles of Jew
elry which he concealed and took away
with him Thinking had an armed maniac
TO deal with, / argued with MIN. gave him
money and got rid of him az best | could.
and asked MIN to come To my office. When
he came | had him examined by eminent
alienists. as ! believed he was OF unsound
mind. The alienists declared him sane, and
caused his arrest and IN due course he
was indicted for three felonles.
During the time Brandt was In the
Tombs awaiting trial. repeated attempts
were made TO influence me 20 favor a light
sentence II he would enter a plea OF guilty.
To all of these appeals j refused to listen,
as preferred that he should be tried. feel
ing that In that way the most severe pun
ishment would be meted Hut 70 MIN for the
grave ofTences he had committed. Not only
then, but afterward. WAS told that unless
favored lenency to this man he would at
felt a was my duty TO my~family, as
we'll as 10 society, 10 refuse to be inhu-
enced by, such threats as believed that
the man was a murderer at heart, even II.
one In fact, and was d dangerous man to
be at large.
In the light of these facts, ! cannot re-
I,bosigh a ,,naY be -that..I am prejudiced
In this regard. because II Is ! whom he
ATTEMPTED 10 kill and whose family he has
New-York tribune., 1912-02-14

will be forced ultimately TO interfere in
that country
The "Boerscn Zeitung." in commenting
on the subject says: Better a peaceful
Mexico under the United States than one
devastated by rebels"
Die Post" declares that II would BE-
shameful for Germany to leave the United
States TO exact punishment for the murder
Of a German and demands the immediate
dispatch OF the German cruiser Bremen
now on the Atlantic station, to Mexico in
order to take action.
New-York tribune., 1912-02-14
DIR. SUN pRescRIsgs U. S. DRESS.

San Francisco. Feb. 13.--Chinese consular
officials in the United States were ordered
30 adopt American style OF dress by, an
edict received here to-day from President
Sun Yat-sen OF the Chinese Republic.
New-York tribune., 1912-02-14
RosaIsky on Mr.. Hansen

Altar tho defendants plea the sentence
was POSTPONED for one week AlteIs III
adiournment Mr. Hansen represenlea as
defendant. Mr.. Hansen an aoic anu
tute lawyer
Here Judge Rosalsky interrupted his reao-
ing to say
"ind tho papcrs publish. they have stated
that said he was a reputable lawyer
and vet in my communication It VIII be
observed what I did say as I" MI nan
SEN
Then he resumed:
Thoroughly converssrt with cTiminai,
rractjce and procedure from ms ARK s,ad
varied experience at the par, ps,r, ~
the plea TO stand and MADE no tlo'' "
have the defendant withdraw his pea.
In Justice TO Mr.. Hansen. at that itnie
Mr. Hansen was looked upon as Il phllan
thronict and benefaCtor: he was prouiin.nSS
st he har he was socially highly cohncclea
tG G ,his citv he was regarded as an honeSt
man. o-,, ,i,,,e during
that week or at the time OF sentence pIo
test that his plea shoulo De ~ entity
NAV be entered In all cases eNpeCL WIZ WIZ
Tho crime charged is or may be punShd Uic
nv death. Hence the defendaht pleS "
the Indictment charging him WIN puLkiar'
in the first degree was iegsl,y 9 pc hrnmgbt 10
No circumstance or fact was nroushu 20 70
my attention by any one as 20 why Jhc pee lS
should not be accepted. The RECORDS OF .a.a M
chief clerk OF the Distrlct Ats"lneg ro On in
tbs Court OF General Sessions, 2,Z6o cohNiC-
tions upon pleas OF, guilty TO lndIClinenle,
as against $50 convctiOss upon rlaI, an
that from 1901 up TO 1910 therc WI -,
.h co oron court q eO6 convictions upon pleas
OF guilty TO indictments, as against o'-'o
copvictipuS upon trial.
New-York tribune., 1912-02-14

Mexico City. Feb. 13.-The rebels have
overrun the Laguns district. in Coahuils.
and appeared in the states Of Durango.
Zacatecas and Guanajuato. In the south
the zapatists continue their campaign OF
pillase, and in Guerrero the followers OF
Jesus Salgado are showing remarkable ac-
tivity. The government has repeatedly
said the Salgado uprising was yirtusAV
ended.
Determined apparently to prevent tne
movement of troop trains. followers ~
Jesus Salgado to-day blew out steel w
duct seven miles north OF Iguals. The wa.
duct was more than 400 feet long ana W'
feet high.
Abram Gonzales. Minister OF the Interior.
spent to-day at Chihuahua conferrins "'''
General Orozco and other authorities
New-York tribune., 1912-02-14

According to recent reports Hans Angle
man, a German subject, was assassinated
recently in the state of Vera Cruz, Mexico.
By Mexican bandDs His ranch was at
tackled by some twenty men. who caught
and bound Herr Anglemsn and killed him
with machetes and knives.
New-York tribune., 1912-02-14
GERMANY SENDS A CRUISER
Murder of Ranchman in Vera
Cruz the Probable Cause.

Vera Cruz, Feb. 13.-The German cruis-
er Bremen arrived here to-day from New
Orleans. Her commander called on the
commander Of the port to-day, and is ex-
pected to go to Mexico City some time
this week to pay his respects to the Pres
ident He will be the guest of the Ger
many colony while in the capital The
Bremen on leaving this city will call at
Coatzcoalcos, proceeding thence to ia
maica.
Berlin. Feb. ls.-The reported murder Of
E. Hans Angleman. prominent German
ranch owner. at El Provenr, in Mexico,
has attracted much attention here 20 the
conditions prevailing In Mexico. The gen
eral impression is that the United states
New-York tribune., 1912-02-14
SCHIFF WRITES TO PARKER
Explains Reasons for Asking Him
to Appear in Brandt Case.

The following letter was read In court
yesterday before Judge Rosnlsky. in which
Mortimer L. schlff asks Judge Alton b.
Parker TO appear in his behalf during the
Brandt proceedings: ..-+