The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-02-14

the fact that statements have appeared
in the public prints comparing my report
To the Governor with another report
am sure tina, our great and distinguishe,td
Governor Of the State of NHw York VIII
pardon me for reading my report To nm
Ia order to show the fairness OF tins cour'
i'll replying TO the Executive colnminica-
ton"
Judge Rosalsky quoted from his letter
to tho Governor OF January 20. 1912, cH-
tracts from which have already Doell
printed in THB SrH. He wrote that ne
had satisfied himself that Assistant DIS
trct Attorney O'ConnOv was present
when Brandt changed his plen from not
guilty to guilty. and that the plea of guilty
was made in open court. rs 70 carr
Fischer Hansen, who was Brandt at
torney then, the Judge wrote;
In justice TO Mr., Hansen. at that time
Mr. Hanson was looked upon as a philan-
thropist and benefactor: he was prominent
AT the bar. hc was socially highly con-
'nected in this city. he was regarded A. nm
honest man: no one know anything con-
corning his private life. And | also want
TO say thar Mhen Mr. Hansen vas indicted
for pariur" AMI subornation OF perjury
and bribery hs cases originally came
before IN" on motion to puaeh the
indictments. and | denied those motions.
II. was afterNard tried and acquitted
upon one charge aud then sentenced 10y
months imprisonment upon ms conviction
OF nm attempt 10 commit 10" Grim" oi
brih-rv.
Cont inuing his quotations from the let
ter to Gov. Dlx. Judge Eo~alskv showed
that he had sentenced other YOUNG OIL
tenders heavily a. about the time nrandt
was committed. He mentioned James {.
PeirCe, - years DID, VINO got ~ years and
months for burglary in the first degre"
aud assault in the second degree. i,c
uu, lined To the Governor his REASONS for
dealing severely with first Offenders al
though they were young. I"nty would
mean "A multiplication Of crimes of Vi
oience, he wrote.
Concerning the District Attorney 5 re-
port 10 the Governor that statements Of
Detective Woodbridge that Brandt had IL
criminal record should not be- taken into
consideration. since they were founded
on hearsay and there Was not hing n tually
70 show that Brandt had u criminal rec
ord. JUDGE Rosalsky. still quoting from
his own report, added:
Il desire to state that il has always
, been the practice Of this court to receive
, the reports Of police officers although they
= are founded on hearsaN. With Il Ni"v -
having the court unes' ion the dcf"ndlh'
a. TO the Truth of the matter, contained
, in such reports and thc' # II drfendam
, admits the truth ot any Of IN" matters
, therein the court rlay consider any past
wrongdo!ng on lhe rH:t of the defendant
, To which it, attention has l"cn 'alled al
, though he was not convicted therefor"
After bringing out his question to
Brandt which forced Brand, To admit
hat ne had forged TO 'hcC> the EaU-
Of Alfred j. kull Judge Ro~Glsky added
that Brandt had mad" contradictory
statements concernlnG the time he en-
tered Mr. Schin = hou-. and the wav he
= got in A. JuIgr kosa.skv stoke II le-
l cam. evId-nt how "onflcrlnr mad been
the reports made to the!,iov-ruor hy lis
? trct Attorney Whitman and hv Judge
Y RosalsHy Whitman told tn" GoN .rnor
the man entered al \. NJ. tnruugh the
front door. The Judge rr,orted ihat ih"
! prisoT-r had got III 10y u rear door and
, had made conflicting statements about
he time.
, All through his letter Ia the Governor
, Judge Rosalsky denies. contradict~ or
takes issue with The conclusions reached
hy bstrict Attorney Whitman .ludg..
hosalsliv 'od the Governor, he ~lv,, thal
Mr. Whit mans Suggestion that H"andt
was either under a m apprehension .
4 to what "a plea Of Eu,l,y inS lived or else
i he was q victim oi Misrepresentation
= In my ouinion," Judge Rosalsky wrote,
i "it most clearly appears that IN" pi-triCr
4 Attorneys suggestions are entirely incon-
Il sistent with the established facts in the
cast"
Z SUGGESTED AN INVESTIGATION
e Then Judge Rosalsiy, turning 10 the
/ shook with emotion
{ Il now desire to say 10 tho pubic Of
t New \ ori OH my honor as u Judge upon
V my honor as man and in the presence
a of my Maker that | sugCcsted-and
a am sure the District Attorney will sup
y port my statement TO the District Attor-
- ney of this county before my report was
:. tiled that most thorough and rigid in
y vestigation should be instigated with
u II view TO bringing 10 justice any person
who was Responsible for this. Il that
=, true, Judge Whitman"
= Mr.. Whitman nodded afirmativelv.
a The Judge closed his address bv repeat
n ing the last part Of his letter 10 the Gov
!, ernor, in which he said
- II your ExcellenCy should conclude from
u the evidence before YOU that as the result
= Of perjury or suhornarion of perjury ,hc
y deiendan, was induced 10 plead guilty tc
crime which he did not commit and tina,
. he Is serving Imprisonment upon a charg,
, OF which he Is guiltlcss and that u-,iC,
mscarrad as to which | can express n,
A opinion for wan, of knowledge of tn, mat
r. ters brought 10 Your Fxrellcncy' = attention
land | did say 10 the Governor to com
u mute his sentence hut | said to TN. COY
e ernoI' then the prisoner should be liberatr,
q forthwith, If YOU find such misconduo
ON the part of this man pleading guilt,
and | earnestly request that rs The cine
Executive of this State YOU will dircC
the Attorney General 10 make a thoruugl
=, and rigid Investigation before Gran,
~ Jury of ,his county, presided over hv
Justic" of the Suprem" Court. with vicy
In to bringing to justice those responsible
~ Tor this outrage against the law
NJ The reasons for sugGr-,iug that tn
p Investigation should II" conducted hv -.
~ ATTORNEY -Gencral ar" that tn" pr.-"n
,- DISTRICT Attorney was IL. comm,tt,n
!" Masis'rat" who orglnn''y set the admiul,
ration of ortmnnl law in motion against / IA,
~ defendant, and that IA" Investigation l.
y, conducted by Law "ri'"r who has ha
y no connection Win a." "a~" ndrr ia
A, law an indictment fora stony mus, h. foln
,n within five years after IT, commission :
nf that i, viii bc essential that this iuyr~ti.a
h tion. which may embrace charge of foIon,
Il should he Instituted Nithoul delav. ~ tn
j. period of I've year. Wlll expire IN thc csri
G. part Of March of this year
FLEA OF GUILTY SET AsIDr