New-York tribune., 1912-02-16
NEW EVIDENCE, SAYS DIX
Attorney General Carmody Ex-
poets Pardon for Brandt.
fRy TAleEraph ~ The TIM


! Albany, Feb. 15.-Governor Dix sent 20
| Richard L. Hand to-day tho formal desig-
nation appointing him to represent the OK
ecutive in reopened hearings In the Brandt
case. Along with this went tho papers sub
mitted to the Governor in the former pro
ceedings IN which he decided that the
thirty-year sentence was what Schif E
| former valet deserved. The Governor said
! in making this announcement that the pro
cedure 10 be adopted would be decided by
Mr. Hand. but he personally was anxious
that his representatives should have the
| widest possible latitude in means Of getting
| information 10 bear on tho case.
| This thing IL going 70 he done carefully
and decentIy," the Governor said.
| The formal designation Of Mr.. Hand set
! forth that the case was reopened on alloga-
| tions Of new and material evidence. II re-
cited:
whereas II has been alleged that there
eyist facts and circumstances, susceptible
| OF proof which do not appear w Ihe
| records and proceedings upon "hlgh IN ,,id ~
| nave a material bearing upon sald dPpllCd-
! tion for Clcmency, .,-- -.
Now. therefore I'm order that there may
he fun investigation ana ascrr 5l ii,.o
| of all such matters and things. 40 mere
! by pursuant 10 the provisions OF go , !,
| 9s2 Of the prison Law. make; constitute ana mo
/ appoint the Hon. Richard l. hala, 90, o,
| Eliza bethnWn n. Y. person 10 Conuu, :
| hearings in all matters pertaining 10 Sbiu
| enplication for executive clemency ana 20
| report 10 me, with all convenient speeu w.
| tnetirnony taken before him, ana lOr lhdt
| r,,r,oee The eaid proceeding Is rcopened, III
| nrder that with tho Information TO bc uc-
| rived from the hearings 'onon'ted hsrr. ,,,.
| under I NAV determine as TO whether an ~
| other or further or difeTehl dCuoh S"o"''
| be taken i'm the promises.
! II IS considered probable here that Jus
ncc Gerard's decision In the hsbeas corpus
proceedings will he reserved until Mr.. Hand
srbrits his material TO the Governor. The
section Of the prison law under which his
| appointment was made contempiates
prompt investigation and submission OF the
testimony to the Governor as soon as may
be. It says nothing about report making
conclusions based on the evidence. and
| there IS n division OF opinion here whether
such conclusions will be submitted. In any
case, the Governor alone must have the re-
sponsibility for making the decision, and
some lawyers take the ground that the
fact that the commissioner is merely an
agent OF the Governor in investigating
would preclude him from making recon-
mendations which might influence the Ex-
| ecutive Judgment, which should be formed
! independently on the testimony.
| Attorney General Carmody intends 10
submit a brief in the habeas corpus pro-
| ceedings TO Justice Gerard. He contends
that il does not lie in the power OF Justice
Gerard to set Brandt free on this applica-
ton. He SAYS the action of Judge Rosalsky
I'm reopening the burglary trial is entirely
illegal and that this action will not be
| considered by the state authorities in any
vav. His position is that only the Execu-
| tive can act now, and his personal belief
seems TO be that action favorable 10 Brandt
will not be long in coming.
| "It IS inconceivable," said he, that this
voung man should not get out very soon.
The babeas corpus proceeding cannot re-
| toase him. With all respect 10 Judge Ro-
! salsky. his action in reopening the trial
before him Is entirely improper and H.
Legal and the state will have TO disregard
q IN any future proceeding on the ground
thai he exceeded his jurisdiction"
Tho Attorney General backed up this
opinion by court decisions among them one
=, the Court OF Appeals in Jerome agt. the
| Court of General Sessions where the Court
I =, Anpeals held that the Court OF Gen ,ral
| Sessions. a court OF iiiIteu Jul isuIcuon, had
| M mower 10 grant new trial after il dg-
ment had been pronounced. Even when
application for new triai was made on
ground of newly discovered evidence, It
must he made within one year after Jldg-
ment So. Mr.. Carmody held. the Rosa sky
| course was entirely illegal
The Attorney General says he believes
the hearings before the Governors repre-
sentative should be open TO the public.
"once this case is stripped Of all Its mys-
terry" said he. "it Will he very simple and
straightforward. There has been lot OF
talk of scandal and scandalous talk. But
with public hearings and everything out in
the open il viii be seen that there was no
! scandal such as has been alleged.