Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1912-02-15
Central Figure in Unusual Case
Confident That Some Move
Will Free Him.
GRAND JURY INVESTIGATING
Learns That Former Valet Was
Convicted Of Having Grim
inal Record on Hearsay
Evidence.

New York, Feb l+.--The grand Jury took
up the Brandt case to-day anG he
Developments before II caused District
Attorney Whitman 80 express satisfaction
to-night. With only one witness examined.
,fo Grand j,rora wefc said 20 nave heard
;h1t .ne police report upon W:ich Brandt
vas seutence d. ilnkinr him ont rs having
q criminal record, Was based on hearsav
and untrue
Foulkc i Brandt the central figure in
the case remained locked IN the Tombs
,o-iny pending the decision of Supreme
Court Justice Gerard on habeas corpus
proceedings confident that some Of the
various moves to free him from prison
would he successful Those inter-
ested in Brandt's side of the case allege
that he was punished with undue
severity when given i've years ago a
80 year term for burglary at the home
Of Mortimer l.. SchiT, where he was
formerly a servant.
According to a new nomination made by
Governor Dix late to-day. Richard H..
Hand. former president of the New York
Bar association, accepted tonight an ap-
pointment as commissioner to review
Brandt's application for clemencY which
Governor Dix denied to grant when it first
came up. Justice Gerard whom the Gov
ernor appointed yesterday to conduct the
hearing on the application. considered
himself restrained from accepting an Of
| flee outside the judiciary.
| In vew of the Governors decision
ito probe the case Judge Rosalsky Of
| the court of general sessions. who
originally sentenced Brandt and who
granted a motion for 4 new trial yes
terdaY. deferred further action In this
direction. The courts authority 70
take the action it did was questioned
by many legal authorities.
EVIDENCE BASED on HEARSAY.
As the most important figure in the
case to-day. Police Lieutenant Joseph
p. Woodbridge appeared rs the only
witness before the grand jury. At the
tim" Brandt was sent to prison Wool
ridge submitted a report showing tlIat
the young Swede had bad record
and the 3O-Near sentence whicf
Brandt received was based in part or
lthis showing. Wooridge is said tc
have admitted in the investigation to-
DAY that his report on Brandt wa.
based on hearsay, and that he had no.
found that Brandt had a previous
terminal record.
District Attorney Whitman pointe,
out that the Woodbridge report making
Brandt out criminal was only in the
form of a letter. and its author hat
not sworn to il as testimony, Mr.
Whitman said the hearing would con
tinue tomorrow with six persons
whom Woodbridge had mentioned tC
the grand jury to-day as witnesses.
| The minutes of the session of the
grand Jury Of March, 1907 relating to til,
evidence taken in the case of Brand
were made public this afternoon. The.
showed that only two Witnesses were
examined by the gand jury. Mortime
l.. Schiff and private detective
i'randt's counsel claims that the evi
dence taken does not show the crime
of burglary in the frs, degree, of which
Brandt was indicted and to which h,
pleaded guilty.
Mr.. Schffs testimony showed that HI
returned to his home on the night %
March s. shortly before ten o'clock. will
Mrs. Schiff His wife went to her room
and he went to his dressing room. where
he found Brandt who assaulted him.
Mr. Hand in confirming tonight tina
he would accept the appointment as com
missioner said that as he did not ex
pect to receive the formal papers of ap
poi1tment until Saturday, il would b,
impossible to begin hearings this week
lie hoped the Governor would name tn,
time and place for the hearing and tina
1t might perhaps begin Monday. Com
missioner Hand said he believed the hear
ing would he an open one. at least h
favored such one. In view of the fac
that the public appeared interested