Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1912-02-17
MARTINsBURG. W. VA. SATURDAY. FEBRUARY IL 1872
JUDGE SAYS BRANDT
MUST Be FREED
Police Official Tells Grand jury the
Criminal Report About Valet Was
False and Not Verified.

New York, Feb. 15.--Supreme Court
Justice Gerard, 1t was learned here,
has notified Governor Dix that unless
Foulke e. Brandt, the former valet of
Mortimer l.. Schiff. the banker, is par
doned by tonight, the habeas corpus
proceedings brought in Brandt's be
half will be sustained and the pris
oner freed.
Declaring that acceptance was bar
red by the state constitution, Supreme
Court Justice Gerard declined the APP
pointment of special commissioner to
investigate the merits of the case of
Brandt, who was sentenced to Clinton
prison about five years ago, for thirty
years, for the theft of two stickpins
from his former employer.
Justice Gerard declares that the
clause of the constitution forbidding
a justice from holding any other Office
prevented acceptance. He said he viii
SO advise Governor Dix.
The story of the conspiracy to rail.
grand jury by Police Lieutenant Jo-
seph Il. woodbridge.
Under the inquisition conducted by
Assistant District Attorney tombstone
Woodbridge practically collapsed.
Holding to the rail to keep from fall
ing, he admitted that the whole re.
port which he made to the court, In
which Brandt was branded with a
previous criminal record" was built
upon fiction.
He declared that, 80 far as he knew,
Brandt never had done wrong act
In this country previous to his arrest
in the Schiff case upon a burglary
charge. He said the supposed facts
upon which he based his report to
Judge Rosalsky had been presented to
him by an employment agency.
The district attorney at once sen
for the manager of the employM4at
agency named, but the man declared
that he never gave Woodbridge any
criminal record" of Brandt; In fact,
he never knew that Brandt had such
record.
After hearing Wooldridge's story,
the district attorney adjourned the
grand jury and hurried to Justice Ge-
rard with this information. The grand
Jury investigation will be resumed
later, and John Rogers, the private
detective employed by Schiff to han
die the arrest and prosecution of
Brandt, will be the star witness.
District Attorney Whitman is con-
yinced that the evidence given by
Woodbridge before the grand jury will
lead direct to the instigators of con.
spiracy to put Brandt away for long
term. That Woodbridge told much
than was permitted to Teak" from
the grand jury room is certain. 1t is
believed he told a story which will
implicate at least two persons promi-
nently identified with the case.
Woodbridge was on the grill for
more than an hour He told his In
quisitors that when he was sent out
to get a report on the record of
Brandt he was not aware 1t was to be
used to send the man to prison
81 got my information from an en-
ployment agency" he said 81 did not
take the trouble to verify It."
1t was at this point that he broke |
down and chung to the rail He told !
how he had been unable to sleep at |
nights because of his knowledge OF i
the case.
Governor Dix, at Albany. revoked |
the designation of Justice James w
Gerard, of New York, as a commits |
sion to review the application for |
clemency made by Brandt, and desig. |
mated Richard l.. Hand, of Elizabeth |
town, as such commissioner.
Mr.. Hand informed the governor
that he would accept. He said he |
would come to Albany to begin the in
vestigation. Previously the governor
had received telegram from Justice
Gerard expressing the opinion that he
could not serve as commissioner be
cause of constitutional prohibition.
~