New-York tribune., 1912-02-25

IUub the Brandt case as a climax In
-.r,cs focusing a lurid light on judicial
sora,tjons in this country and provoking
uoore or less justihable comparisons with
,ho Dreyfus affair, lettres de cachet, Bas-
title and San Juan de Ulloa demand Tor
.n,orn in criminal trials and punishments
4. everywhere made. In this state, besides
roossures directly bearing on the Brandt
case legislative bills have been introduced
sbolishing capital punishment and provid-
,ro for public defenders for those accused
~ crime In New Jersey public defender
buI and another to indemnify innocent per-
sons who have suffered imprisonment may
become law. In Southern states the parole
svstem has been widely extended, and sew
eral governors are trying to improve
prison conditions
The need of system Of recompense Tor
the victims OF judicial error was empha-
sized the other dsy-before the startling
facts about Dannemora's thirty-year con-
yict became known-by the case OF
Kruger, a New York plasterer. who was
hardened out OF a federal prison after he
had served nearly a year on q wrongful
conviction Of misuslng the malls. Many
persons asked the question whether par
don in such a case was sufficient Should
not Krueger-and Brandt, II he proves to
be quite innocent-be paid a recompense
for unjust Imprisonment? An official or
the United States District Attorneys office
answered the question in the affirmative
but said that the only relief possible was
an act of COMPRESSOR the benefaction OF
a Carnegie. In the case of a Pennsylvania
man who was pardoned after suffering uh-
Justly many years imprisonment, Mr.. Car
negie granted a pension, and thus privately
performed q duty which should belong TO
society.
FOR DAILY PAY AND $1,000 BONUS.
The indemnity bill lately presented in the
New Jersey Legislature, at the request Of
Principal Keeper Osborne of the state
prison at Trenton, provides for the recon-
pense of prisoners found to be innocent at
the rate of 81 a day for the period Of de
tention and s1COO bonus.
Assenblyman George 4. Blauvelt has IN
troduced q bill in the New York Lesis-
lature. entitled An act to amend the coun-
~ law in relation to the election of public
defenders" This might be called an indi-
rect indemnity measure. Its provision Tor
the adequate defence at public cost OF per
sons tried for crime would Obviate part
at least, Of the claim for indemnity OF
vrongfuly convicted persons. This meas
ure is strongly supported by lawyers and
iurists. including Samuel Gntermyer Judge
Foster. of the Court Of General Sessions
and others II is somewhat similar To
measure put forward some time ago by the
tudges Of General Sessions. providing that
a public allowance ac made 90 employ Coun-
s- 60 defend al persons irieC tor felonie5.
At present puaie funds are granted only
for the dafcr.s in murder cases, "nen
naNimsm allowance OF $50 10 counsel may
Ic raCe. IN otter ccge1 d lawyer ma Dc
s.-.cn-I D, Tire ,our- ,o defend penniiess
poE.n. blJ u"re is 10 aEo"eAcc 70 meet
.Nu,.sca.
,i,r .1s co-nscusa .ion FOR persons
ni.aaFu,}y l.:,oual, especially Witnesses,
,r-.e ug wills g.. D2wd, New York law
g.-. ues br,a GT-oysd Hy several govern
ed. IG~,r art m,Hstrs o. The aa-. Mir.
Tora. wao las d.aftcd q legislative act to
,,.....uea,c i,.sgEa nelI a. witnesses, cises
.a. case co. Ei-s g2izayctn G.. Murphy. a
.,rls,rgprc-. WAC was he!o as New York
,oga.- witness "ia y.~ious Dot.,s aad ,hc
arrlngs TO the cEtcut OF $3.50. She re-
,elyed no compensation whatever for the
tine Of her ,lcteItiOr.' ~ a result OF this
case a committee OF the American Bar rs
ISOLATION has been instructed to iino out
and report tnr states in which innocent
witnesses may be Imprisoned aad whether
such practices s,.uuIG uot Le condemned ~
the association
INDEMNITY AWARD REVERSED.
Governor Cnchrist Of FloriGa wrote TO
Mr. Dowd that the Legislature Of his state
had authorized the return 10 Jim Henry d
negro. of siS1 81, which he had earned for
the state while unjustly. imprisoned. The
Court Of Appeals of New York State de
cided In 1899 that no financial redress could
be given TO John Roberts, who spent seven
teen years in prison and was pardoned on
the ground OF his innocence. The Court Of
Claims had awarded him $500 as recon-
pense for society's injustice. This case Is
regarded as a precedent for denying relief
under existing laws.
Among those who have expressed appro-
val Of state compensation for persons
wrongfully imprisoned are James NJ. Beck,
former Magistrate Ommen, Thomas r.
Rush Hal Bell, Governor Osborn of M!chi-
gan, Governor Marshall of Indiana, Gov
error Vessey of South Dakota and Governor
Baldwin Of Connecticut.
Europe is several decades ahead Of the
United States on the indemnity idea.