New-York tribune., 1912-03-03
Letter to Governor Declares
"VaIid Judgment of ConviC-
ton Was Set al Naught
by Court"
"PARADED BY NEWSPAPER"
Says Publisher Has Championed
Scamp to Defame and
Mortify Women and
Men Of Highest
Character.

IlA NOIlAllSii''iAlo 'i'' ''N''' AiNi . SA'A'V-
ment Of his reasons tor refusing to par
don Folke F. Brandt was made public
Yesterday. II has a harsh word, or sew
eral of them, for every one who has &C.
nsnded that the truth shall be known rs
70 why Brandt was sent TO prison for
thirty wears and who was responsible for
the sen enCe. OF Justice Ger rd the
Mavor SAYS: And probably the most
Ismentable thine of all is that a judicial
officer went back Of and set at naught
the valid judgment of conviction in this
case on a writ Of habeas corpus and -e-
leased the prisoner
This criticism is based on the ground
that Brandt was indicted for burglary
in the first degree. Being arraigned for
the second time he pleaded guilty on
March 2S. 1907. One week later, namely,
on April f. he was brought up for SEN
tence. The presiding judge, as is usual,
asked him questions with view to
searching him so as to ft the sentence to
such degree of leniency or of severity
as the case and the prisoners character
required. This statement Of the
prisoner was no part Of his plea Of guilty
at all. He pleaded guilty a week before
and the record was made up"
The Mayor quotes, question and an
swer, part of the examination of Brandt
by Judge 2osalsky. The official record
of the proceedings before Judge Rosalsky
shows that the examination of Brandt by
Judge Rosalsky was conducted on March
2S 1907, and followed Immediately upon
animation We all a part of the same
proceeding. according TO the record. All
the questions and answers and the state
ment quoted by MAYOR Gaynor are con-
tsined in the record of the proceedings
before Judge Rosalsky on March 2S,
when Brandt pleaded guilty. The record
Of the proceedings on April I shows that
on that day the only questions asked of
Brandt concerned his dealings with Al
fred j. Kull his former employer.
"oniy Charitable Conclusion"
Friends of Justice Gerard remarked
last night that the only charitable con
cusion was that Mayor Gaynor had not
read the Justices opinion before writing
his letter. az. if he had. he would have
found the records Of the proceedings be-
fore Judge Rosalsky included in the
opinion. 1t was TO be hoped, II was said,
that Justice Gerard would take this
II he did he t,aipht q
Paragraph of Section 900 of the Grim
inal Code, which says:
"a person who commits contempt OF
court Of any one Of the following kinds
is guilty OF a n1isdemeanor;
publication Of false or grossly in
accurate report Of its proceedings. But
no person can be punished as provided
in this section for publishing a true, full
and fair report OF trial, argument, de-
elslon or other proceeding had in court"
The Mayors letter 20 Governor Dix fol-
lows:
City Of New York. once Of the Mayor.
March !. 1912
Dear Governor Dix: All honor to you for
your statement In the Brandt case. You
nave not, like other officials before whom
TINS matter came, prostratcd Yourself and
your office before the newspaper publisher
10 defame and mortify women and men Of
the highest character and benevolence in
This community and put afoot what we
have not had here before In many Years
an anti-race hostility 1t was most re-
grettable 10 see some other newspapers
fall In with this purpose.
May ! call your attention TO certain
things which your statement does not
contain, probably because your attention
was not called TO them? Brandt was in.
dieted for burglary in the first degree.
Being arraigned for the second time. he
pleaded guilty on March %. 1907. One
week later, namely, on April q, he was
brought up for sentence. The presiding
Judge, as is usual, asked him number
OF questions with a view to searching
him, so as to fit the sentence to such
degree Of lenionoy or of severity as the
case and the prisoners character re-
CURED. The sentence was severe. On
its face sentence of thirty years is too
severe. But no one can read the answers
which Brandt made TO the questions Of
the judge without saying that there was
reason for the severe sentence.
In answer to a question the prisoner ad-
mitted that he had been previously con
Ncted OF the crime of larceny. In answer
10 a question how he entered the house
the prisoner stated that he got into the cell
lar through an opening covered by CRATE
ln'the rear Of the house, and then through
cellar door. After getting into the cellar
hs said he armed himself with ten pin
ne must have been In the cellar In order
10 get this ten pin, although in applying
70 you for a pardon he stated he entered
Dy the front door by means Of key fur
.lsned him for the purpose. He then went
70 the next floor and armed himself i'm the
pantry with carving knife seven inches
,9ng These are his own exact statements
ne tnen went upstairs to the third floor
snd hid himself In the dressing room Of Mr..
ment
Went to Ask for Assistance"
The Judge asked him why he went into
the house. He answered: II went up there
70 ASK for assistance. | was very poor at
the time and I went there TO ask for as
slsehnce. ] went there 10 see Mr. Schiff ="
ne judge then asked him. why did you
arm yourself with a bowling alley pin and
assistance OF Mr. schin?" To which the
prisoner answered: III he bothered me In
mere and thought there was burglar /
eould protect myself" Being asked the
thought might be attacked and Mr.. Schln
might think there might be a burglar In
me house. and I could protect myself"
h,ihe Judge then asked: Did YOU expect
IN sim 70 make an attempt against your TO
nmch the prisoner answered. Gle did not
put thought better be prepared" Being
asked ~ the Judge what he was doing In
ne house from half past s, when he en-
uefed. until half past TO- he answered. 81
was waiting for Mr.. Schin In his dressing
.DoiD on the third floor" He then de-
sos,Ded sonsd how there was no light In the
ana now, as soon as Mr. Schin crossed the