New-York tribune., 1912-02-21
CARMODY GOES TO
ASK DIX TO PARDON
Commissioner Hand Also Hurrles
to Albany with His Report
Of the Hearing in
Brandt Case.
GERARD TO DECIDE TO-DAY
Executive Clemency Expected,
However, Before Announce
meat Of Courts Ruling,
Which, Il Is Said, VIII
Favor Prisoner.
Favor Prisoner.

Favor Prisoner.
Attorney General Carmody left Ne"
York with:n an hour after the Hand in
auiry inro the Brandt case adjourned
Yesterday. bound for Albany. with the
exrress purpose Of urging Governor Dix
to issue an immediate PARDON for Fo!ke
L. Prandt. the former valet of Mortimer
l.. Schif
Commissioner Hand went TO Albany On
a late train last niGh; to put before the
Governor not only a brief outline Of tho
proceedings here yesterday, bJt also the
question. raised ~ Delaney NicoI as
TO whether Mr.. SchiT Mortimer L.
schif and Howard 6. Cans should 30
permitted to test,fy at a further hearing
in the Hand inquiry on Tuesday.
II was asserted that the Governor,
weighed down by the reports which
would be made TO him by Mr Carmody
and Mr.. Hand, would yield and issue "A
pardon for Brandt by noon to-day.
Juetice Gerard let it be known that 20
had finished writing his opinion on the
writ OF habeas CORPUS which vas sued
out for BranGt before him and that he
would announce his decision to-day
It has been persistentiy asserted with
out denial that Justice Gcrard's decision
would sustain the writ. and back Of that
it was reported yesterday that Justice
Gerard would hold out his announcement
to-day untn n reasonable hour for the
purpose Of giving Governor Dix a chance
to pardon Brandt on the basis Of the
Hand report
The hearing before Commissioner
Hand, although nomnally adjourned
until Tuesday. will probably not proceed
further. \ session was held yesterday,
at which a mass Of documentary evil
dence was put in, and one witness, Jo-
seph d. Woodbridge, the detective, ex-
amined.
Whitman Hints at Indictments.
Forced by Mr.. Nicolrs insistence that
Mrs. Schiff. Mr. Schiff and Mr. Cans
should be permitted to testify, District
Attorney Whitman unmasked his in
investigation enough to say in sub
stance. that there was strong posslDh-
itv that some of them" referring TO
the three named by Mr.. NicoN would
he indicted by the grand jury for con-
spiracy
Mr.. Nicoll made a desperate effort u
have Mr.. Schiff and Mr.. Cans take the
stand before Commissioner Hand and an
insistent offer to call Mrs. Schiff to the
same witness chair, asserting that none
Of them wanted, or would accept, I'M
munity because Of such testimony
Both District Attorney Whitman and
Attorney General Carmody fought
against any admission Of Mr. Schir or
Mr.. Cans TO the status Of witnesses III
the Hand inquiry, on the ground that
such action might automatically give
.bor, immunity from prosecution under
a conspiracy charge.
AS TO Mrs. Schiff, the District Attorney
tho Attorney General and Miraoeau L.
Towns counsel 10 Brandt, mace
united stand against her admission as d
witness, the two public officials on the
o-,.o,,rd that she could throw no hsht
on the question at issue-the question aS
70 whether Brandt was wrongtully coU-
,icted and sentenced-and all three On
tbe ground that they wanted no scaru"'
brought in to cloud the real issue as "
,.,,,bor Brandt was railroaded TO
prison. .,,,
Az Towns. asserting that he spoAs
with the full authority OF Brandt ue'
cIared that II the case could not oe ue-
cided on it's merits legally, apart lroih
orv suggestion OF scandal II wa'
rrordt's desire TO drop the Whoie ma
tor even II he was forced to go oacN y
Donpemora prison to complete the SEN
tonce imposed upon him by Judge no'
salsky FIVE years ago.
csrmody Accuses NieoiL
,.,ornev General Carmody made tho
direct charge against Mr.. Nicoll ana tho
coL,ef counsel that they alone were TO-
enonsible for the suggestion OF soahuaA
.,,,,ob had come into the case. lie chai-
,o.,od Mr.. Nicoll to designate any point
-. scandal had been injected inlp
tho case from Brandt's side ana Wheh
49, scbiff lawyer answered in nus
torod WAY that it must have been IN tne
,,noa, for clemency by the prisoner MI
Cornody retorted: 81 am famliiar WIN ,
that and It is not in there
1.,ornav General Carmody, IT Is ex'
rocted will he the one man. even more
Than Special Commissioner HAND VINO
,,,iu Law before Governor DIX the rea'
..,.rotion which is about TO confront hl'h
io tho Brandt case. Mr.. Carmouy h"u
+i,,,a only for a hasty conference WIZ"
,,'..,o, Gerard before he took the uaih
. ,,horv hut il is known that ne
learned in those few minutes '',','
i,etice was ready to hand down Ms
,,.,or and that the writ would oe
tanned. is ranortnd
ii, ,,ot only ;ustain the Wrlt' puI W."
,..orlv crush the structure vi
200 made out against Brandt o.
"'h0 g. degree burglary Indictment
t'o ',,a,orer Hands conference WIN
covornor Dix, it is believed aiso W"
-, his attention to that status OIL un'
case. H.. .. tho Governor
that If he still refuses to grant a paroon
tn.day Justice Gerard's decision wm
80 ne effect of knocking out from
a. him all the legal props with when
49, 80 Governor could fortify himself IL
III disclose that legally Brandt shou'u
WI ,a.,, at the very minute that