The sun. [volume] (New York [N.Y.]) 1833-1916, 1913-09-03
COURT GRANTS WRIT
May Be Move to Determine
the Governors Own
Legal Status.
TO BE ARGUED TOMORROW
Returnable at Kingston, Where
Benjamin F. Tracy Will
Appear for Robin.


A pardon for Joseph q. Robin. the con.
v,cted banker. was granted by Gov. Sul-
Ter on Saturday evening. and delivered at
the Blackweils island penitentiary yeeter.
day.
Charles N. Whitney and Robert y. Ire
land, legal advisers Of Robin. delivered
the pardon to Warden Hayes. who said !:
Very good very good and then appar.
entity contradicted the words by announc-
inc that he could not release Robin on
the strength Of that document. because OF
an opinion from the Corporation Counsel
TO the effect that he should not recognize
acquisitions for extraditton and other
papers from Gov. sulser until he shall
emerge from under the impeachment
cloud.
A writ Of hsbeas corpus. granted by
Justice Hasbrouck and returnable at
Kinsston tomorrow. WAS subsequently
served on the warden. II Is expected
that an effort will then he made to get
before the courts the question as to
whether Sulxer has ceased to be Governor.
Mr.. Sulscr has threatened to have
judicial determination Of his rights before
ire impeachment trial. but has thus far
been balked. II was believed last niGht
BY Mr. Whitney and others that he will
now probably succeed.
Back Of what seems TO be evidence that
the Governor had a personal interest IN
- l. Ia slutr
rumor 10 the effect that former Senator
Peter Stilwell. now in Sing Sing. was q
dep0sitcr In one Of Robins banks. and
10 willing to testify as to certain bribery
allegations Robin. It Is said. can cor
roborate Stilwell. but ne can do 30 more
effectively II pardoned.
Mr.. whitaey's Statement.
Mr.. Whitney said concerning the par.
doning Of Robin:
Joseph q. Robin was never convicted
Of any crime. There was no trial in his
case nor any evidence produced against
him except that which was taken before
tine Grand Jury by which he was indicted.
and the record shows that the principal
witness on whose testimony the Indictment
was found afterward admitted under oath
that his testimony before the Grand Jury
was false.
Upon an official investigation ordered
ny the District Attorney. senior Assistant
District Attorney Frank Moss rendered .
report stating that the defendant was In
nocent OF the charge made against him.
On the record. therefore. Mr.. Robin
stands not only unconvicted. but officially
decla red not guilty.
1T further appears upon the minutes
that the District Attorney recommended
to the court a suspension OF sentence.
which Is a practical equivalent Of par
don by the Executive.
Upon these facts. which not appear
to have been fully made public, and In
view Of the rule Of law that no person
should be punished unless proved to be
guilty beyond q reasOnable doubt. the
pardon issued In only justice In the form
Of clemency.
II have known Mr.. Robin for some
eight years or more. / sold him the
Riverside Bank after negotiations. which
lasted more than q year. The transac-
ton was finally closed at o'clock In
the morning in Mr.. Robins apartment In
the Hotel Pisrrepont Ne memorandum
Of this agreement was made At the time.
! took his word without hesitation and he
made good to the dollar and TO the letter.
have always regarded him a. = man OF
rare ability. and have never questioned
his honesty. ! would take his word to-
dY without corroboration or collateral
for any purpose or amount he might be
willing to pledge II for. even though II
came through the prison bars OF Black
wells Island"
says IL WIN Help DeDesitess.
Mr.. ireland. Robins attorney Of record.
made this formal statement:
This Ia the most fortunate thing that
has happened for the $4,000 or more de-
positors In the Washington Savings Bank
In two and . half years II places Mr..
Robin In position to pursue the looters
OF these two banks a. q free man. which
ne has been trying to do under sTeat dif-
ficulties while In conhnement.'
Mr.. Ireland In Q later talk said that the
pardon Of Robin was not granted by Gov.
sulzer AZ . matter Of olemency. but a. .
matter OF right. 1t means. he said. that
Robin wasn't guilty.
lie explained that an application for .
pardon was made long ago and that .
depositors committee had been accorded
hearing on the question before the Gov.
ernor In February or March last He
would not discuss the chance which this
action gives Mr.. sulser to set his own
ahairs before the courts, except to say
wat Mr.. sulser would have granted the
fdon long ago II he hadn't known that
= wss going TO be impeachsd.
Attested ~ Chester o. Platt.
The pardon was not on the Drintsd
'''m that 10 senerally used. Tho tsxt
was written In long hand and. after the
sRna'ure william Suiser Governor"
@ "o'e N" seal and the attestation OF
onssfer e. Piatt. secretary to the Gov.