The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-03-01

Inc conclusion Is OF course lrTeSlstiDlc
that he here claims to have entered the
house. by use OF the key and IL any
possible doubt exists on that score It is
| disposed of by the fact that the report
OF the District Attorney declares that
the convict tBrandt) states to me that
he entered the front door by means OF
a key given him by an inmate OF the
house" and before interviewing Brandt
at Dannemora the District Attorney had
| read the twenty-five page statement which
Brandt had presented to the pardon
clerk. ~ -.s.-
WHICH OF HIS sTATEMESTs is THE
The gentlemen learned In the law may
contend-and doubtless In court OF
| law. where the record OF conviction Is
| alone considered. the contention Is right
that Brandt's statement under oath, which
Is part OF the record In the case. must
| outweigh anything he may say to the
contrary elsewhere. But that If not the
case In an appeal for clemency addressed
to the discretion OF the Executive. The
exercise OF pardoning power 10
based not alone upon the court
records and the rules OF law applicable
thereto. but upon all the facts and cir
cunstsnces in the case. Including that
which has occurred after as well as be-
fore conviction. 4 fslsehood Is a false
In the eye Of the law perjury presupposes
an oath but in the sight of God and
heaven and In my eyes AZ Chief MaSls-
trate determining a grave question OF
Justice In the light OF conscience. the
enormity OF a falsehood, solemnly at
tested as the truth by an appeal to
God in heaven (which Is the language
used in the statement. Is no wht less
than n false statement made upon oath.
II A ttxs.. Ani las
what the District Attorney in making his
report apparently did not decide. that the
sworn statemen, as to the method OF
entry must be taken to nullify the express
plea Of guilty" He has declared In court
that he entered by an open door ne mas
declared elsewhere that he entered oy
means of a key. Who shall presume 10
say which statement would be accepted
as the truth by a jury passing upon the
fact? Who indeed shall dcclar" that he
has not affirmed falsely In each case'
CERTAINLY A CRIMINAL.
But there are some facts which he has
not only never denied. but has cNprsssl!
admitted. both In court under oath and In
his subsequent statements. These facts
are that he entered the Schiff csidcnce In
the night without the permission f the
master Of the house. and that he took
away with him property which hr i"uhd
there which did not belong TO him. ana
, which afterward was restored by his law =
,, yers to the owner: and In the statement
now before me. after sttesting it's truth
| by a most solemn appeal TO God. lie de-
clares that surprised by the unexpected
approach Of the man whose house he had
invaded and where he then was. with
prison looming up before me and my life
| and honor forever departed" he struck
his former employer with bowling pin,
| with which he had armed himself 'to
| frighten OF any OF the servants who might
discover me" And until II Is shown Ia
me by evidence more conclusive than his
I own unsupported and self-contrad!ctoiy y
declarations that he did not commit the
crime to which he pleaded guilty ard Tor
which he was sentenced | shall justify
and maintain my determination that he is
not worthy Of a pardon. Upon the reiter-
sted assertion that such additional proof
was available attempted to effect a full
and sweeping investigation under the
! guidance OF an able and incorruptible
!, member OF the bar. That investigation
has been halted by law. The law may
determine that he is entitled to his free
dom as matter OF law. Uppn all the facts
and circumstances in the case which have
thus far been presented TO me ] have not
! been able TO so determine as matter OF
| Executive discretion.
| The seal which. in difference To the
! Split Of common decency. I placed upon
the papers after deciding the application
mas been broken by the fact that public
references to the scsndalous allegations IN
the case have since been made by repre-
sentatives Of those most painfully af-
, fected. And consider that the Executive e
has been absolved from what might over
hastily be claimed as breach OF conn
dence on my part In making the fore
going references to the statement which
WAS part OF his application. For these
reasons, and 10 this extent alone. he's my
regret at the necessity OF the present dis
! closure been tempered.
! GRAND JURY WANTS TO HEAR sCHIFF.
! District Attorney Whitman confirmed
yesterday the news printed in TIE Sus
/ yesterday that Mortimer l.. Schff. How
/ ard =. Cans and former Police Inspector
William W. Mclaughlin will have an op
: portunity TO testify before the Grand
Jury
Il have not changed my attitude or my
opinion" said Mr. Whitman. Il still be
lieve there is probable immunity under
section sst OF the Penal Law for any per
sons testifying in conspiracy inquiry
| But the Grand Jury wants to hear these
men and will as!, Judge Grain for instruc
tions. If Judge Grain decides that justic,
will not be hindered by the appearanc,
Of Mir. Schif, Mr.. Cans and Mr., McLaugh
lin have no doubt thai they will he called
II is believed that Judge Grain will con
sent to the appearance Of Schif, Cans an,
Mclaughlin In that event they will b,
asked to appear next week. possibly oi
Wednesday. Thursday and Friday.
! The only witness before the Grand Jur,
vest erday was Emerson y. Davis. VIII,
WAS correspondence clerk in ClintoI
prison for fifteen years. Davis said tha
he had kept tab on Brandt since last Octo
ber. that he had a list of Brandt visitor
! nd pf lat tAra Ia II
Davis was not able to explain why h,
came to take so intimate an interest il
Brandt's affairs. He mentioned the chap
lain and doctor OF the prison as other
who had been interested in Brandt
These men will be ask ed to testify. WheI
former Superintendent OF Prisons Cor
nelius V. Collins goes before the Gran,
Jury he will be asked II he received a re
port from the Sing Sing doctor which lie,
him 10 include Brapdt's name in the lis
OF convicts to be transferred from Sins
Sing to Dannemora. ..
Nicoll. Anable, Lindsay 4 Fuller hav
served notice on the Attorney G General
District Attorney Whitman and Mr.
4 Towns that they will appear before Justic
Gerard next Monday morning and reQues
that the Brandt habeas corpus proceed
ings be reopened in order that the am
davits of Howard S. Cans and John H
Iselin. be made part OF the record.
u