New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-08-30


from that position. Pechaud claimed
to have ridden in the front seat with
Kupfer and Miss Janney and to have
driven the car by Kupfer's invita-
ton. Photographs Of fngerprints
purporting to have been found on the
windshield tailed with Pechaud's S.
And that was taken to prove that he
had at least sat in the front seat.
Brandon In his defense set up
broadly that he had never in his life
been near the scene of the crime.
Forty minutes later he was found
guilty and sentenced to be cleo
trocuted.
Admittedly Frank M. McDermit,
of Newark, who defended Brandon,
was not true to his attorneys oath
and his clients interests. Upon
Brandon's conviction, however, he
applied for writ of error, only to
fail, with Brandon standing on the
very brink of death, t. prosecute the
writ before the Court of Errors and
Appeals. His excuse was that
neither Brandon nor Brandon's wife
had sufficient funds to finance the
proper presentation of the case Nc
Dermit's lapse automatically af-
firmed the conviction. For this das-
tardly unfaithfulness the Court of
Errors and Appeals disbarred him
and not for the first time in his ca
reer. That was in June last.
Then entered the case out Of
purely humanitarian motive Mr.. I.
taerber Goldenhorn, practitioner
in both New Jersey and New
York. With his appearance the new
evidence in question developed in the
form of alleged statements by men
who had worked in a New York City
garage with Brandon and by young
woman named Miss Dorothy Brodell,
which, if true, would substantiate
Brandon's claim that he was not in
New Jersey on the night Of August
%, 1918. Upon the trial McDermit,
according to Mr.. Goldenhorn, made
no effort to support the defendants
alibi other than through the testi-
mony of Mrs. Brandon.
In addition to these alleged state
ments Mr.. Goldenhorn throws
doubt upon DR.. Moore's iden-
tification of the man, claiming to be
able to prove that on visit to Au-
burn prison Brandon had to be
pointed out to him.
The New Jersey courts, bound by
statute, could not receive the evi-
dence gathered by Mr.. Goldenhorn.
Governor Edwards was the only one
left to intervene.
To Brandon's attorney and to
Brandon's wife the Chief Magistrate
of New Jersey turned deaf ear and
permitted the law to take it's course.
And Brandon died horribly, protest
ing his innocence until man-handled
into silence. 1t will take long time
to dim in the public mind the scene
of his passing in the death house at
Trenton as it was depicted in the
daily press.
Governor Edwards is reported to
have said on August %, the eve Of
Brandon's execution, that it was rot
true tnat any technically had pre-
vented the presentation Of the evil
dence gathered by Mr.. Goldenhorn.
Further, the Governor was credited
with saying:
II ,am convinced that he (Bran
dom had a fair trial. l do not fg"l
that | can take any action in the
case"
There is a fnalty about those
statements which leads The Tribune
to question whether Governor Ed
wards may not have in his possess
sion certain official information
which sustained him in his adaman-
tine refusal to interfere in Bran
don's behalf. If he has such in
formation he should give it to the
public without delay.
The reputation Of Jersey justice
demands this. More, the reputa-
ton of eternal justice demands it.
Justice is too sacred thing in the
life of society to permit the Bran
don case to cast shadow upon it a
moment longer.
AS for the statute prohibiting the
reception by the New Jersey courts
Of evidence developing later than a
period of six months following con-
viction, let it be repealed. If such /
statute exists anywhere else in the
Union, let it likewise be erased from
the books. Evidence is evidence.
whether it comes to light one day or
one month or six months or six years
or q lifetime after conviction.
That is the spirit of our law.
hot