New-York tribune., 1912-01-29
WHITMAN WILL ASK
FOR BRANDT'S PARDON
Special Messenger to Carry Re-
port on Case of SChiff'S Ex-
Valet to Dix To-day.
LETTER STILL SUPPRESSED
District Attorney Declares That
if Necessary Grand Jury and
Bar Association Inquiries
Will Be Sought.

The report of District Attorney Whit
man in the Brandt-Schiff case will go TO
Governor Dix to-day by special messen.
ger Mr. Whitman will say in 1t that he
does not believe that a trial jury would
be convinced by the evidence in the case
that Brandt entered the SChiff house for
the purpose of burglary as alleged. He
will add to this that, in the opinion Of the
District Attorney, Brandt pleaded guilty
to the Indictment under a misapprehen-
sion or a mistaken understanding of the
law in the case.
And If Governor Dix refuses pardon
TO Brandt the case viii go to the grand
Jury And not only the grand jury but
the Bar Association. will have Il chance
TO Investigate some of the peculiar feat
lrres 1t can be considered practically
certain that the Bar Association will he
asked to Investigate, whether there Is
pardon by the Governor or not.
When Brandt told his story in Dnrne
mora he said that while ne was in the
Tonbs waiting action on his case lac
talked with his fellow prisoners. and
learned from them of the two montfs
commutatlon in every year for good no
havior I'm prison. He said that when ne
was sentenced TO thirty years by Judge
Rosalsky he turned to Carl Fscher-Han-
sen. his counsel. and asked, Does that
mean ten months or twelve months
After Brandt had told this I'm Dame
mora carl Fischer Hansen. without being
! told what Prandt had said, was asked;
| What did Brandt say TO you after he was
sentenced"
WHY" said Fischer Hansen he sad
a very peculiar thing. He asked ne. Doc7
| that mean ten months or twelve mouths!
If the case goes 10 the grand jury thdt
! body will have the power TO compel the
! production of the mysterious third letter
| written by Brandt four days after he was
| sentenced in which hc called on Mr.
| Schiff 10 see to It that the promise which
he alleged was made TO him was kept ana
! he was released at tho end Of year
II was this letter which Judge Rosalshy
turned over to Howard 5. Cans, attorney
| for Mortimer L. Schiff
In his report to the Governor District
| Attorney Whitman will recall that PAU
| Giedel. VINO murdered William II. Jackson
In the Hotel Iroquois on July 26' 1911 on
account of his youth-he was nineteen years
| old-Was sentenced for murder in the sec
,nd degree, with a minimum term in prison
q. twenty years. while Brandt, only two
years older. received thirty years for con-
Tossing TO a burglary in which he took only
two stickpins. and the evidence showed
that his attack on Mr. Schif had no serious
results.
Mr.. whitman will take up the affidavit OF
Mortimer T. Schiff, made at tn" time
Brandt was arrested, and the other eNl-
dence produced in the case at that time
! and argue from It that jury could not bt
convinced that Brandt had entered the
schin house for the purposes alleged lie
will show that. according to the evidence
the valet entered the house by an open
door and was not guilty OF breaking and
! entering"
| He was alone In Mr.. Schif's dressing
room for approximately two hours, and al!
that he is accused of taking is two stick
pins though there were on the dressing
table gold mounted toilet articles and nu-
merous pieces Of jewery more valuable
than those which he took. In the next
room. Mrs Schiff's bedroom, there was
valuable jewelry to be had for the picking
up. and In the drawer OF the Chiffonicr was
the key to her Jewel safe which stood in
the room.
Mr. Schlffs AFFIDAVIT. Mr. Whitman will
point out, says that he was struck on the
head when he entered the dressing room,
but II does not say that ne was stunned
or knocked down. on the contrary, It says
that he took several steps TO the electric
light switch and turned on the light He
then recognized Brandt. who WAS without
coat or wastcoat. in his stocking feet and
wearing Mr. Schiffs dressing gown.
According 20 the affidavit, Mr.. Whitman
| will continue, Mr.. Schn talked with
Brandt for nearly an hour. sent him to the
basement alone for his shoes. gave him
I $50 and let him out Of the house and made
an appointment to see him on the following
Monday morning All this time Mrs. Schin
was said TO he asleep in the room adjoin-
| ing the one where the encounter took place
! This is not the conduct, the District At
torney will say. OF a dangerous criminal
or the treatment which such a man would
receive He will say that he does not be-
! lieve a trial Jury would regard the evidence
presented as proof that Brandt entered the
house for robbery, and he will recommend
that Brandt be parGoncd or his { Itence
! commuted
Mr.. Whitman viii not go to Albany, as
| there is to be no hearing before the Gov
ernor Mr. Cans said on Saturday that he
would 20 to Albany tomorrow as the rep
resentatiye of Mr. Schin to oppose the ap-
plcation for pardon. Mr.. Whitman will
await here the action Of the Governor, and
if there is no pardon the case will be taken
before the grand jury.