New-York tribune., 1912-01-31
SCH|FF'S SIDE NOT HEARD
Governors Advisers Delay IN
Brandt Pardon Case.
WOULD STUDY RECORD FIRST
Judge Rosalsky's Report and
District Attorney Whitmans
Views Not Yet Analysed.
TBy Telegraph to The Tribune. J


! Albany Jan. 30.-No presentation OF
Mortimer l.. Schiff's side of the controversy
over tile pardoning of his former valet,
Fculke T.. Brandt. sentenced In 1901 10
thirty years for attempted robbery OF his
employer. was made to Governor DIX
lega advisers to-day.
Howard Cans Mr.. Schiffs personal coun-
sci, came here prepared to make such
presentation, but Seymour w. Van SAINT
voord, the Governors counsel, and owen H.
Potter, his assistant counsel, told the Schlf
/ lawyer that until District Attorney Whit
mans report and Judge Rosalsky's state
ment of the case had been read and con-
sidered by the Governor II was inadvisabIe'
II not improper, for the Schif side OF the
case TO he presented
Judge RoSalsky's report came by special
messenger while Mr.. Cans was at the
executive chamber. II will he several days
before the Governor gets through the TWO
documents and no definite arrangement has
been made about hearing Mr.. Schif's law
yers. There is much speculation here
whether they will be permitted to see what
the Governors lawyers call the record -
Brandts application for pardon and the
Whitman and Rosasky reports-before
telling why they think Brandt should not be
pardoned
Mr.. Van Santvoord said the Governor had
power 10 do whatever he liked in pardon
ing cases and to seek information of any
character in such fashion as seemed best
to him. Personally he did not recognize
any customs or precedents in the matter.
which is regarded by many as meaning
that the Schiff counsel will probably he per-
nhttcG 10 see the record before presenting
the Schin side.
The following formal statement was is
sued by hir. Van Santvoord after Mr.. Gans's
Nisft
The Governors advisers took the position
that under existing circumstances, it was
moi. proper time TO consider any state
ment on the part of Mr.. Schiff S represent
atve
At the time of Mr. Ganss arrival there
had been received oEly the application Of
the conyi.t and the report Of District At
tnrncy Whitman, which latter was fled
late last night and had not yet been fully
read Tho report Of Judge Rosalsiy, COM
pieung the record. was filed shortly after
the arrival of MI Cans and has not yet
been opened. The Governor has not seen
either 1f these reports and ms advisers be-
llcye ana decide that the reports should
not be submitted for examination until they
Governor. Mr.. Cans heartily concurred in
this conclusion.
Judge Rosalsky's report contains all the
documents in evidence before the grand
jury in the Brandt case.
Judge Rosalsky Is unwilling that his re-
port To the Governor In the Brandt case or
its contents should become public until after
| the Governor has given his decision. AS
the Judge has not changed his opinion OF
Brandts guilt, however, or of the serious
ness OF the crime for which ne was SEN
| fenced to prison for thirty years, it is, OF
course, assumed that his report uphods
| the business OF the sentence and argues
against it's commutation.
carl Fischer Hansen, who was counsel
to Brandt. called OH District Attorney
Whitman again yesterday i'm support of
his written request that the grand jury in
vestigate the Brandt case. The District
Attorney, however. said that before he
could submit matter five years old to the
grand jury II would be necessary TO con-
vince him that felony had been COM
mtted such as bribery or subornaton OF
perjury. since the statute or limitations
outlawed misdemeanors after two years.
For this reason he cannot proceed against
Woodbridge, the police lieutenant, whose
report OF Brandts alleged criminal record
has been Contradicted in essential details.
Woodbridge did not swear to this report,
although It influenced Judge Rosalsky in
his imposition OF the thirty year sentence.
Mr.. Whitman considers that Woodridges
conduct is Il question strictly under the
jurisdiction OF Police Commissioner Waldo,
who is investigating It.
Lieutenant Woodbridge was transferred
last night to the West 37th street station.
40 reason was given for the transfer.