New-York tribune., 1912-02-24
BRANDT TO Be 0UT0N BAIL
Continued from arst psEe.

conviction By his action week ago
Tuesday.
Mr. Carmody. in his talk with the DIS
trict Attorney. gave the impression mat
he didn't propose to he driven oy 'h@
Governor or the Schiff lawyers INTO tah-
ing action against Brandt, such as 'he
appeal of The Gerard decision. Mr.
Whitman agreed with the idea, but pc-
lieves il his duty to support the court "i
General Sessions and the District At
torney's office by taking the case 10 The
highest co'irt IN the state, II necessary.
As TO Governor Dix's announcement
from Albany that he would be taxing
advantage of a technicsiity by pardoning
Brandt in the interim OF the Gerard dc
cision and the entry ~ the order. both
the Attorney General and the District
Attorney view that as nonsense. Like
Justice Gerard they both believe :hat
the only certain legal way out OF TIE
Brandt difficulty was by the exercise Of
tho Governors pardoning power. Also,
they both believe that by appealing JUS
tice Gerard's decision they are taking
action that may work Injustice %
Brandt. but action which they feel their
official duty compeis them 20 take.
The appeal which viii follow very soon
after the entry of the order on Monday,
will stay proceedings on Brandt's new
trial. Tf the Gerard decision should be
lot, fxvgc N
the Court Of Appeals, and Governor Dix
should remain on the same spot that
long reference to his attitude tow
ard Brandt-the young Swede would
have no choice left but To return to
Dannemora prison to renew service on
the thirty-year sentence meted out to
him By Judge RosalslSy When Governor
DiN's successor takes office he might then
renew his appeal for executive clemency.
Meanwhile the grand jury investigs-
tion proceeded on its even course yes
terday. and the possibility Of indictments
for conspiracy from that source. which
District Attorney whitman was forced
to admit publicly In the Hand inquiry,
combined with the possibility of Brandt
being forced back into prison by re-
versal OF the Gerard habeas corpus deci-
sion, offered strange anomaly.
Strange Legal Tanele Possible.
II the prospective indictments develop,
in conjunction with reversal OF the
Gerard decision. there would be pre-
sented the strange spectacle OF a trial
of persons accused OF Illegally sending
pran nd IN Ttrfg OF he haf
the law and the executive had denied
Brandt the right of freedom.
John Hanley, the deputy warden of the
Tombs. appeared before the grand jury
yesterday, and at the same time the
grand Jurors had the chance to examine
certain Of the book records Of the prison
The warden's records disclosed that the
lawyers book" I'm which are recorded
the dates OF visits 10 prisoners by law
yers and the lawyers names, for the
time that Brandt was In the TCmbs in
March. 1907. had been sent for and de-
livered TO District Attorney Jerome or
one Of his assistants. other records
however. disclosed that Drs. Carlos +.
Macdonald and William Mabon. tho
alienists who examined Brandt in Mr..
Schiff's offices on March II. 1907, and
pronounced him sane visited the young
Swede again on March 81. 1907. while
he was a prisoner In the Tombs. and
after an examination repeated their for
mer decision that he was sane.
DIR. Macdonald could not recall yester.
day whether Howard $. Cans was with
him when no visited Brandt in the
Tombs nor whether Cans had asked him
to make the visit.
The records disclosed, however, that
Cans visited Brandt in the Tombs on
more than one occasion. and that the
food furnished TO Brandt was not the
common prison fare. but special food
sent I'm from a restaurant and paid for.
not by Brandt but by some one OF the
Schin counsel. Brandt has said pre-
Viously tEat Howard s. Cans was the
man who paid for his food
Governor Dixs statement that he
would be taking advantage OF a tech
nicality II no psrdoned Brandt between
the time of the announcement OF Justice
Gerard's decision and the entry OF the
forma, order, waS supported BY Richard
L. Hand, the Governors special commits
sioncr.
Hand Answers tho Governor.
But m tho innuendo cast upon Mr..
Hand by the Governors statement the
commissioner offered an immediate exc
planatlon. The Governor seems TO crit
lcise Mr. Hand for stopping the inquiry
~ vital point" Mr.. Hand retorted
last night that though II was. OF course,
true that he had stopped tho inquiry. he
had done Il, he believed. for the Gov
crnors own best interest.
THE inquiry was adjourned said Mr..
Hand, because I thought Governor Dix
ought not 10 be committed 10 a course
TO which the District Attorney had given
formal warning that II might result In
immunity for certain persons. II | had
gone on and admitted the witnesses
asked f0r by Mr.. Nicoll, IL would have
been too late then. and the Governor
would have been committed TO a course
which might later have proved TO be a
serious error"
AS 10 tho Governor expression that
he hoped the, inquiry was only tempo
rarily halted" Mr.. Hand was inclined TO
disagree. He said he had no understand
ing with the Governor now, that the In
Guiry should be continued at the ad-
journcd date, which was next Tuesday.
"I will not go near the Tribune Build
Ing on Tuesday" said Mr.. Hand last
night, unless 1 get specific orders from
the Governor 20 continue tho inquiry"
Tho hearing was held In the rooms of
the Public Service Commission in the