New-York tribune., 1912-01-30
WHY PARDON IS OPPOSED
" DaStardIy Character" OF
Brandt's Plea, Says Counsel.
HEARING IN CASE TO-DAY
Cans to Go Before Pardon Clerk
-Rosalsky Hours Prepar-
ing His Report.

THE reason for the opposition Of Mr.
Schiff to this mans pardon is because OF
the dastardly character OF the plea upon
which he bases his application for pardon.
This was the explanation given yesterday
by Howard s Cans, counsel for Mortimer
L. Sohiff. for the exertions made by Mr.
schiff to prevent pardon being issued by
Governor Dix TO Foulke +. Brandt Mr..
schiffs former valet. who Is serving
thrty-year term in Dannemora for burg
larry Al Mr. Schiffs house. Mr.. Cans will
go to Albany on the Empire State Express
to-day to argue against the pardon before
ex-Judge o. L. Potter, Governor DiX's par
don clerk
District Attorney Whitman's report rec
ommendng a pardon for Brandt went TO
the Governor at noon yesterday. Judge
Rosalsky, who sentenced Brandt, worked
the greater part Of last night preparing his
report A copy OF the District Attorneys
report was sent to Judge Rosalsky at the
same time that the original went TO Al
bany. Judge Rosalsky waited to make his
report until he could have the report Of
Mr. Whitman to reply to-
Neither Mr. Whitman nor any representa-
tive Of his office will go 10 Albany To ap-
pear in the case to-day Mr. Cans how
ever, expects to have access 10 Mr.. Whit
mans report and the affidavit Of Brandt
in asking for pardon before he makes his
reply II Is understood that there will he
no public hearing. but after having had an
opportunity to examine the papers in the
case Mr. Cans expects TO SIT down with
Judge Potter and have a quiet, informal
ali ~, ~ u-b Mr.
thinks that he will he able to convince the
pardon clerk Of the inadyisability of giving
his freedom 10 Brandt
The Police Department will ask the Dis
trict Attorneys office to-day 10 investigate
the part played by the detective bureau in
the conviction and sentencing Of Brandt.
Between the time the valet pleaded guilty
10 the Indictment for burglary and the date
of his sentence Detective Sergeant Joseph
u Woodbridge now a detective lieutenant
In the Wall Street detective bureau. made
a report 10 Inspector Mclaughlin. then IN
charge OF the detective bureau. which gave
a long list of places from which Brandt
had been discharged for dishonesty. This
report was made the basis by Judge Ro-
salsky in his sentence for the charge that
Brandt was a notorious criminal. and II
was chiefly because Of this record Judge
Rosalsky said that he sentenced the pris-
oner 10 thirty years
Most of those mentioned I'm the Wool
bridge report are said 10 have come for
ward since and denied its truth. while In
some cases II has been found according 70
reports made n the District Attorney. that
no such persons as those mentioned I'm the
report had lived At the addresses given for
them Woodbridge said Yesterday. II stand
hv every word Of tho report I made in lf17
The Police Department however. wants a
thorough investigation Of all the circum-
stances surrounding the case.
Besides the request for an inveetiCalon
10 be made to-day bv tho Police Depart
ment. the District Attorney has already
received letter from Carl Fischer Hansen.
who was Brandts attorney at the time ne
was sentenced. asking for an investigation.
Fischer Hansen details the conference with
Judge Fosalsky. Howard Cans and Assist
ant District Attorney Mott over the third
letter in the case and asks for an iny"sti-
cation I'm order that his own conduct may
he vindicated
Albany, Jan - District Attorney Whit
mans report was received hy owen l.. Pot
ter. assistant legal adviser 10 Governor Dix
late to-day.
we never make reports of this character
public" said Mr. Potter tonight They
are expressions Of opinion desired hy the
Governor I'm arriving at determinations on
applications for ClemenCy and are treated
a cOpHIaptIa1