Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-09-04
SULzER GRANTS A
PARDON TO ROBIN.
Term of Bank Wrecker Would
Have Expired in about
Two Months.
AMOUNTS TO A TEST CASE
Prisoner Ordered into Court To-
mOrrow-Validity of I'M
parchment May BE Set
tied in Advance.

Albany. N. Y, Sept, 2.--Announce-
ment that Governor sulzer had par
donei Joseph G.. Robin, who is serving
Oh Blackwelrs island for wrecking
the Northern bank and the Washing
ton Savings bank of New York, was
made at the executive chamber this
afternoon although the pardon was
granted last Saturday.
simultaneously word came that SUI
preme Court Justice @. d. B. Has
brouck rad issued IA writ demanding
the production of the prisoner before
him Mt Kingston on Thurs lay next
This may enable the case to be heard
on appeal by the appellate division
OF the third department which con-
venes at Saratoga next Tuesday
whereas the New York county appel
late division will not be In session
for three weeks
Both the friends and opponents of
Governor Sulzer regard this proceed
ing to he In the nature of court test
Of the validity Of the impeachment of
the governor in advance OF the time
set for the converting of the court
of impeachment.
At the secretary of states office II was
said that the pardon papers had not
passed through that department as Is
required by statute. therefore, the great
seal of the State could not have been
attached to them according to the usual
routine. Unoflcally It was stated the
governors privy seal was substituted for
the great seal. Judge D-Cady Herrick,
the only one OF his counsel who lives in
Albany, is in Montreal but It is known
that Judge Herrick and others close to
the Governor advised strongly against
the issuing of the pardon. Acting Cover
nor Glynn refused to comment on the
circumstances.
CARMODY STICKS TO OPINION.
While Attorney General Carmody SEEM
ed loath to discuss the case, 1. was point
ed out at his office that under the terms
of his opinion recently rendered on tho
status Of the guberna.oria tanSle. Gov
ernor Sulzer is disqualified from exercis-
ing the pardon function or any other
function appertaining 20 tho chief execu-
rive pending the Issue of the impeachment
tl1a..
Il stand on that opinion" was all Mr.,
Carmodv would say.
District Attorney Whitman of Now York
has notified the attorney-generars Office
that he would oppose the granting Of the
writ sued out IN behalf of Robin. As
Robin IS confined In n county penal In
stitution, the attorney-ge generals Office can
not intervene For this reason the peo-
pies case will be conducted by the New
York district attorney.
Governor Suffers reasons for granting
the pardon are embodied in the following
statement
Tho justice who imposed the sentence
OF the prisoner did not hear any evidence,
for there was no trial; and there is some
difference of opinion regarding the punish
mont Of the prisoner IN the Office Of the
district attorney.
The senior assistant, honorable Frank
Moss, who conducted an elaborate in
vestigatton under the direction OF the dis
trict attorney, rendered a written report
which holds the prisoner innocent
MANY REQUESTS FOR CLEMENCY.
1T is claimed that the plea Of guilty
was entered upon an understanding that
no sentence would be imposed. and that
Robin could thereby avoid the risk of
"a trial, and at the same time relieve his
of which he knew her to be innocent
MANY citizens have requested clemen-
cy in this case: and in view of the rule
that punishment should not be inflicted
where there is reasonable doubt of guilt
and In consideration of the long time the
prisoner was in the TombH; the great
service the prisoner has rendered the
state in the administration of justice; and
the further service he claims he can rem
der the state; / am convinced a pardon
to Robin should he granted"
Joseph @, Robin was sentenced to a
years confinement In the Biackwell's
island prison last November so that in
the ordinary process his term would ex-
pire In about two months. The sentence
followed plea of guilty after the case
had dragged for long period