Perth Amboy evening news., 1921-08-24
Brandon Dies In Chair
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lCOHlluueu LTOIu page ~
Armed with all these papers, Col
denhorn came to see Governor Ed
wards in a plea for a reprieve so he
could get the case before the cour
of pardons. This being vacation
timo for the state courts. nc session
of the court of pardons was SEIZED
uled until September, which Maid
be too late to save Brandon.
In the cases Of Shuck and James
the Camden murderers, who are &c
be electrocuted next week, Governor
Edwards had already issued a state.
ment that he would not intervene
in capital cases where the jury had
failed to exercise its privilege OF
recommending Imprisonment fol
life and where the court of errors
had sustained the conviction. These
circumstances were true in the
| Shuck and James cases as in those
of Brandon.
Governor Edwards heard Golden
horns plea, but before the afiidavits
were presented to him the governor
told counsel he should take the APP
plication to Supreme Court Justice
Bergen, who tried the case and APP
| ply for a new trial on the ground
of the newly discovered evidence.
Accordingly Goldenhorn applied to
Justice BertsAn who ruled that he
had no jurisdiction because the APP
p~lication had not been made within
six months as required by statute.
So Justice Bergen did not hear the
affidavits OF letters, and a new trial
RAJ again denied.
Goldennorn's next move was to go
to the United States supreme court.
He applied to Justice Louis d.
Brandeis, who was at Woods Hole.
Mass. He said he had no jurisdic-
ton and sent him to Justice Oliver
w. Holmes. Justice Holmes ruled
that the case was clearly n for the
governor of the state and refused
to Interfere An appeal made to
Chancellor Edwin Robert Walker
at his summer home at Beach Ha-
ven also failed.
Lawyer G~oldenhorn made his final
efforts yesterday. He first endeav-
ored to e Governor Edwards
again, but the governor was not in
Trenton. Goldenhorn had lively tits
with both John j. Farrell, clerk of
the court of pardons and executive
clerk and with j. Harry Foley, Sec
itLaly " tliC 5oNCl iiois L IO-
scented the persistence of Golden
horn and declared the lawyer was
making a farce of the case.
you have already seen the gov
ernor and he won't see you again."
said Farrell.
IT will see the governor. He's my
governor and 1 have a right to see
him" hotly replied G~oldenhorn.
Later Goldenhorn telephoned the
office of the governor in Jersey City
in an effort to reach him, but was
not successful. He was told the
governor "a not there. He had
been told the same thing from the
governors Jersey City Office on
Monday and claimed he found af-
terward that the governor was there
This led Goldenhorn to telephone
yesterday this reply. I'm going to
sec Governor Edwards If I have to
blow up the bank"
Foley heard of this message and
later when he saw Goldenhorn he
roundly scored him for this Ian
guage. This skirmish took place on
the front steps of the capitol and
Secretary Foley said fatty that the
la CI Souia itct 5SO IAN AioA'
Foley's language made the pictur-
esque words of Budget Commission
err Dawes seem weak by compari-
son..
Failing to reach the governor
Goldenhorn applied to Judge John
Rellstab of United State court for a
writ of habeas corpus. which would
have produced Brandon in court
Judge Rellstab denied the writ
Counsel then asked for an appea,
| from this decision, which had an or.
der been signed would have acted as
a stay of the execution. but Judge
Rellstab refused to sign the order
| claiming the case was one for Gov
ernor Edwards.
Five grounds for the writ of erro'
were laid before Judge Rellstab, a
follows:
The court of errors and appeal
in refusing a new trial denied Bran
don the equal protection of the laws
When Justice Bergen refused /,
rule to show cause why a new tria
should not be granted, after tn
lapse of six months, he denied du,
process of law.
When Brandon was sentenced t,
die in August at a time when tn
court OF pardonS was not IN SEES
sion, he was deprived of due process
of law.
The admission of finger print
when taken from the defendan
while under arrest compels, him t.
give evidence against himself, whicl
is contrary to law.
Because on the production of af
fdavits showing the innocence 0
Brandon, the governor should hav
given him a hearing, as the governo
is the head of the court of pardon
and without his vote clemency can
not be granted.
Mrs. Brandon also used every eff
fort to save her husbands life. Sh
appealed to Governor Edwards
claiming the case against her hus
band was a frame up.
Detective Longs Comment