The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-02-21

to senator Nelson asking his assistance
upon the same false grounds as he now in
vokcs Executive clemency. The reason ]
nm so insistent upon this matter before
the Governor is because Mr. Schff, whom
i represent. insists that nothing shall be
held back. that the whole story shall be
told. That Is what the people went. They
want to know the whole story IN AL its bear
ings Therefore ] think that we should
at least take an adjournment until we can
apply TO the Governor for tho papers
presented TO him as tho application for n
pardon, so that We may see the grounds
npon which the prisoner makes his ap-
rlcation
Replying to Mr.. Nicol both the Attor-
ncy-General and the District Attorney
regretted that there had been any in
sinuation of scandal introduced by the
Schiff counsel Their position was that
The Grand Jury conspiracy inquiry must
not he embarrassed by Judge Hands
permitting Schff and Cans to obtain inn
munity and that Judge Hand should he
concerned only with the records of the
case that bore on the question as to
whether Foke T.. Brandt was guilty Of
burglary in the first degree and was
wrongly Imprisoned. Nothing else was
essential IN the pardon inquiry. they
argued
CROWD COMES TO The HEARING.
The hearing began at II A. NJ. in the
large room of the Public Service Com
mission in the Tribune Buildng Prcvi-
ously for an hour Judge Hand had been
in conference with the Attorney General
and the District Attorney considering
their protests "a To Schiff and Cans
II 4
far too small Tor the crowd that massed
in the hallway, was uncomfortably filed.
Standees pressed against the walls. Po-
licemen resisted the charges of the curl
Gus. In the courtroom were at least
twenty women. most of them well dressed.
Mr.. Schif sat "a little behind his counsel
and whispered frequently to one or an
other of them. He was dressed in dark
cutaway suit His smooth face is of pale
complexion and his hair is gray at the
temples. Apparently he paid little heed
to the photographers and the sketch
artists. whose cameras and pencils were
active.
Commissioner Hand began by reading
the order from the Governor. which en-
powered him to conduct hearings in all
matters pertaining To an application
for execution of clemency. Then he asked
what lawyers appeared and whom they
represented. The Attorney-General and
the District Attorney said they appeared
personally. Mr.. Nicoll replied for himself
Mr.. LINDSAY and Mr.. Cans as counsel
for Mr. Schin
Up rose hiirabeau l.. Towns, caressing
his imperial He began a speech to the
effect that Brandt wanted it known that
II the price of his liberty was to be asper-
sion of woman Brandt would prefer
10 stay in Jail for fifteen years more.
Judge Hand ruled that Mr.. Towns speech
was premature. Attorney General Car
mody. after the appearance OF Adrian
Il. kiernan for Detective Lieutenant Wool
bridge had been noted, offered certified
copies of the records that have bearings
on the pardon inquiry. Mr.. Carmody
also put in Brandt's prison record, which
shows only one mark against him.
PARDON APPLICATION NOT SHOWN.
Mr.. Nicoli asked why Mr.. Carmody
hadn't presented Brandt's pardon APP
pication. Mr.. Carmody said that paper
was before the Governor He did not
offer it, he said. because he had nothing
TO do with il.
That said Mr.. Nicoll. lis the basis
of the whole proceeding-upon what
ground does he ask clemency? That is
the first thing We must know-the pris-
nflpr + attlIuOe. now We get any
where unless we have that petition?'
Judge Hand said he didn't know that
there was any formal petition, and that
he had no control over the matter. ~
seemed clear. he added that his inquiry
was limited TO additional facts, and that
apphcdti ion should be made TO the Gov
ornor himself for the pardon petition.
The Attorney General put in there that
he was Offering in evidence court records
only for the purpose of showing how
Brandt was convicted. Mr.. Nicoll said
he couldn't see it that way at all.
Somebody set this whole proceeding
in motion, he continued heatedly. -Of
course il WIS the prisoner. He addressed
communication to the Governor,
stating without doubt the ground upon
which ne expected clemency. We are
greatly concerned with the grounds
Of this application This is the first
time Mr.. Schiff has had an opportunity
10 tell any court his side of the story
1t is our purpose to show that each and
every one of the grounds upon which
he brandt makes his application for
clcmency are false
BRANDT NEVER PETI1IoHED?
Then Mr. Towns interjected that Brandt
himself had never petitoned for a par
don, but that he had been importuned
for statements by people who said they
we're the agents Of the Governor Mr.,
Nicoll replied that that made no differ
ence. The points TO him We're, did Brandt
appeal for clemency on the ground that
he was in MIR, SchH's hous. on the night
of March 3, 1907, for a purpose inconsls-
tent with the crime of burglary that he
was ready 10 plead guilty on the belief
that he would get "A short sentence? and
that a false report of his career was made
by Sich the Judge was induced TO give
him n longer sentence'
As a matter of fact, said Mr.. Nicoll
Il understand that he made the applica-
ton on all three OF those false grounds
He added that the people he repre-
scented insisted on having the facts Of he
rardOn application presented. Judge
Hand referred to Townss statement
hat Brandt hadn't made any such petit
tion Mr. Nicoll suggested that tn.
grounds were stated in the report Dis
frict Attorney Whitman made to the
Governor. The Attorney General denied
that
Are the grounds stated in any public
paper" asked Mr. Nicoll
Not that know Of :" said he Attorney
General, laying apparent stress on he Il.
Il suppose it is entirely competent fol
me Ia subpoena the papers" said Nico,l,
INQUIRY RESTRICTED.
-NOu can subpoena the Governor,
Towrs raped out Judge Hand checked
the laughter. Il know from the lachry.
NOSE exhibition on tho part of Judgs
Parker before Judge Rosa lsky," Mr
Towns went on. why he had opposed
Branch 's application for pardon A state