New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-09-02
Attorney Denies
EdwardsP robed
Brandon Case
Farrell Asserts the Jersey
Governor Declined to
Consider Affidavits and
Advised Court Order
Refused Second Interview
Tells of Weeks Spent in
Effort to Get Reprieve
for Condemned Prisoner

NJ
A statement was issued yesterday
by Thomas F. Farrell, law associate
of l. Faeber Goldenhorn, of Jersey
City, denying the assertion of Gov
ernor Edwards of New Jersey that he
had gone thoroughly into all of the
new evidence presented in behalf Of
George Brandon, executed on August
70 for the murder of Arthur Kupfer
and Edith Janney in. an automobile
near Railway, N. j., on August %,
1918.
Mr.. Farrell said that Mr. Golden
horn and himself; had gone to see
Governor Edwards with a number of
affdavits showing that Brandon was
not in New Jersey on the night of the
murder.
Governor Edwards told u.s." he
said, when we informed him shout
these affidavits, to go and see Judge
Bergen. before whom the case had
been tried, and ask him for an order
to show cause. Judge Bergen said
that we had no statutory remedy, as
the law provided that new evidence
must be presented within six months.
He told US the matter was in Governor
Edwards's hands. When we returned
the Governor refused to see IS.
Saw Edwards but Once
1--WE had but one interview with the
Governor, the one just stated, and
we have not been able to see him
g. HI
read the affidavits. We later sent five
kilograms at various times, but re-
ceived no reply. Mr.. Goldenhorn. MIR.
Nemser and myself spent nearly all
of our time for weeks trying to OBJ
tain reprieve for Brandon and to
have our new evidence receive careful
conside Grafton, but were unable to do
either.
Justice Holmes, of the United
was with US, but he could not over
ride the New Jersey statute
OF the states witnesses, Mr.. Farrell
said, only one, DR.. Frank Moore. tcs
titled to Brandon's presence when the
pistol shots we're heard on the lonely
road and the car stopped under an arc
light near DR.. Moore's house. Two
policemen, Mr.. Farrell said, identified
Perchand, whom Brandon said had
told him about the murder when both
were in Auburn prison serving sem
fences for hold-up, but DR.. Moore
knew him chiefly by his voice.
Three Trips to Auburn
DIR. Moore made three trips to Au
burn, not recognizing Brandon because
his bushy hair had been cut off, Mr..
Farrell snid. AS was the case with
Miss Sabel, who knew Perchand and
who said she had seen Brandon in
Railway early in the evening, DR..
don by name, Mr.. Farrell said.
Regarding the identification of
Brandon by Dr. Moore by means Of his
voice, Mr.. Farrell said that in Feb
ruary of this year Perchand, who
turned states evidence, made a state
ment that it was Kupfer, the murdered
man, and not Brandon, who cried out:
"Get the girl, get the grill" after the
shooting When asked if physicians
stantly killed, Mr.. Farrell said that
the coroner's verdict had said 80, but
that this point had not been brought
out at the trial itself.
Mr.. Farrell explained that the rea
son Mr.. Goldenhorn had not given the
new affidavits to the newspapers was
that he wished up to the last moment
to have Governor Edwards see them
first. They would be made. public
Goldenhorn returned to the city from
camp in Massachusetts,.
The open letter sent to Governor
Edwards by J. A. H. Hopkins, of the
Citizens'~Union of New Jersey, saying
that Brandon had been put to death
on flmsy evidence, was written after
Mr.. Hopkins had studied newspaper
reports of the case, it was learned
Yesterday, and as q matter for the
public's good.
Court Finds No Error
Attention was called yesterday to
the opinion handed down by the New
Jersey Court of Errors and Appeals in
refusing to grant Brandon new trial:
The court went into the case in detail
and held that it could find no error or
injury done the defendant ct the trial.
awe have made a critical examina-
ton of the record and careful con-
sideration of the alleged errors, with
the result" the opinion reads, that
we find no errors nor injury that
leads to a reversal.
"The criticism aimed at the charge
of the trial judge is not justified when
the entire charge is read. Our reading
&
tains only accurate statements OF the
law, their proper application, to the h,
facts, within the rules laid down by
this court, for the guidance OF trial
courts.
"The other assignments of error and
the specifications as causes Tor reI'e1
or reversal not discussed indicate to
us that no wrong or injury was done
to the plaintiff in error in the trial OF
The court held that Edward H.
Schwartz, the finger print expert, who
testified at the trial, gave abundant
proof that he was an expert. Inc
court also held that the testimony OF
Schwartz was not incompetent and ir--
revelant, as was charged. The method
Of fngerprinting Identification, the
opinion stated, is in such general and
common use chat the courts cannot re-
fuse to take judicial cognizance OF it,"
Lee Criticizes Labor Board