New-York tribune., 1912-02-20

viction that pardon will follow imnedi-
ately the close Of the Hand investigation
He Is sure that Mr.. Hand will do moth
ing that District Attorney Whitman
would object to. Mr. Carmody has con-
tended all along that the only proper
way out Of the Brandt affair was the
method Of executive clemency, and he
believes the Hand investigation will
speedily pave the way for that.
The grand jury minutes on Brandt's
indictment, the papers which were laid
before the Governor and the minutes of
the proceedings last week in the Cour.
Of General Sessions, when Judge Rosal-
sky reversed himself, completely cover
the only point in this case" said Mr..
Carmody, "the point OF whether there
was ground for conviction Of first de-
gree burglary"
Csrrrody and Whitman Confer.
Mr.. Carmody conferred with District
Attorney Whitman last night and will
o'clock this morning. an hour before the
opening Of the Hand inquiry, which is
scheduled TO start at II O'Clock in the
hearing room of the Public Service Com
mission, on the third floor of the Trib-
une Building.
Justice Gerard, 1t was reported yester-
day. has almost finished writing his
opinion an the habess corpus proceedings,
but probably would hold 1t II there
seemed to be prospect Of quick action
in the Hand investigation. 1t was un-
derstood that long affidavit from some
OF the Brandt counsel was filed with
Justice Gerard yesterday. The affidavit
recited In substance, that Brandt never
had been represented by counsel at the
time OF his indictment and conviction
five years ago: that he had hired no
counsel: that when he pleaded, and when
he was sentenced, he had no lawyer of
his own; and that Howard S. Cans had
made promises to him that the proceed
ings meant nothing, and that at worst he
would get short sentence which he did
not expect to have TO serve.
In part the statements in this affidavit
follow the same lines as those of the
Carl Fischer Hansen affidavit which was
forwarded to Governor Dix. That aff1-
davit, telling of Fischer -Hansen's call on
scribed Brandt's apparent confidence
that the pleading guilty to the indict-
ment was a mere matter of form, and
that he would, be taken care Of" At
that time Brandt would not even tell
the details Of his supposed arrange
ment" to F1scher-Hansen, though asking
that lawyer to appear in court when he
(Brand) was sentenced, because, as
Brandt told Fischer Hansen. Il was told
1t would look better II came into court
with a counsel Of my own"
The affidavit told also OF how Fischer
Hansen called up Mortimer L. Schiff af-
ter talking with Brandt and was re-
ferred TO Howard s. Cans, but not before
he had mentioned and briefly described
Brandt's ideas OF some arrangement"
and from neither schiff nor Cans did his
references 10 such an arrangement"
bring forth any reputation. Fischer
Hansen swore
The story told yesterday by Rogers,
the Pinkerton man. bore out equally as
strongly this idea OF arrangement"
which was apparently firmly imbedded
in Brandt's mind. Rogers swore that he
Rogers) wrote the confession which
Brandt afterward signed. and that he,
like Brandt, believed then that it was
but another part Of the whole arrange
ment" Of the case
Mirabeau L. Towns. chief counsel to
Brandt. denied fatty yesterday the stor-