The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-03-05
GAYNOR MADE NO
PERSONAL ATTACK
WRITES JUSTICE GERARD HE HAS
VERY HIGH REGARD FOR
THINKS DIFFERENTLY
Bur SEES THE WRONG OF ATTACH
ING JUDGES, WHO CANNOT
ENTER INTO Personal
CONTROVERSY.
THINKS DIFFERENTLY

NEW YORK, March "A written
apo,gy was made today by mayo
t.aynnr to Justice Geard. of the su-
preme Court for the Inaccurate STAKE
uents made in the letter to Governor
nix. in which the Maor lamenten the
fact that one judge had seen NJ 10
undo the work OF another judge IN
sentencing Folke Brandt 10 saa,s !.
prison for thirty years after Brandt
had pleaded guilty to the crime %
burglary in the first degree.
Justice Gerard. after a meeting nad
ben arranged by.,a mutual irleno'
called on the mayor and talked the
ma tter over. 1t IL understood that
the Judge wanted to know whether
the Mayor intended to pursue mis- line
of argument In the matter ana
take the consequences, or whether
he would drop It. The mayor
replied that there was nothing per-
sonal In what he had written Gov
ernor Dix and that the purport OF
his letter had been misconstruedh IL
was then decided that - official ex-
change was necessary and the justice
after returning to his chambers
wrote and sent the following letter
to the mayor:
Dear Mr.. Mayor: My attention
has ben called to letter written
by on to the governor concerning the
Brandt case and given out for pun
LEGATION from Albany. j recognize
that you or any one else has O right
10 crttcise m decision. but In this
case you letter has been construd as
a personal attack on me.
Il might also call your attention
TO the fact that you state In your
letter that Brandt's examination by
the Judge took place on the day he
syas. Arraixqed 70 plead -
ESQ lar "a l know, our relations
have been friendly. but I cannot al
low a letter which has been construed
(whether rtghtfully or not) as a per-
spnal attack and which Is written by
one who Il not only mayor of our
city. but an ex-judge OF this court,
to pass without YOUR attention to this
construction which has been placed
on j.
VERY sincerely yours.
..,. JAMES w. GERARD"
The Mayors Reply.
The mayor replied:
"Dear Judge Gerard: l now repeat
in answer to your kind note just re-
cetyed, what said 10 you personally
that / do not consider my letter &c
Governor Dix fairly open to construc-
ton as a personal attack on you: but
that however that may be. 1 most
gladly say that had no such Intention
for I have the highest regard for YOU
II differ from you about your de-
cision and In common with all others
have a right to publicly say 80, and
to adversely criticise II. a. you say
and Al may be done with the dectstone
OF even the highest courts In the land
"But to attack q judge personally
for a decision would be wrong. for In
such a case, a Judge 10 quite defense
less, for he cannot very web enter
into q personal controversy. For that
reason, especially. an well an because
OF my high regard for you. now last.
ing q long time, I desire to dispel any
notion that attacked YOU person
ally.
mistake AZ to date when Brandt wa1
examined by the Judge who sentenced
him. I see no materiality In that. The
material thing to me was that he
was 10 examined after he had pleaded
guilty, and that fully stated.
Sincerely yours.
Nv. J. GAYNOR"
The motion to make the Af1idavitl
OF Howard 8. Cans and John A. Iselin
the Schif attorneys. part OF the 70.
cords IN the habeas corpus pfOceedingl
now UP on appeal. was allowed A. "a
Cams late today. but denied ~ to
Iselin. The affidnvits do mot alter the
fact that Brandt on tho day Of hi1
sentence did not have counsel.
Dr.. Robert +. Irvine. Of Ossining
whore Hrai,dtH was tlrst taken stated
1e2sEneEa ~ eeaess fS9@ Rsassss