The Detroit times., 1912-02-13
DOMv|CT'S TESTIMONY
| MAY REVEAL SCANDAL
Folke +. Brandt, Former Valet
For Mortimer Schiff, Arrives
in New York
NEW YORK, Feb. t3.-Brandt
gets new trial.

NEW YORK. Feb. l3,--Extraordi
pary precautions were taken today by
the state prison authorities to keeT
n olke +, Brandt, the former valet OF
4 Mortimer Schlff. from discussing his
case with anyone. especially reporters
N Prandt was brought down from Sins
Sing prison, whore be was sequcstercd
over night, by the direct order oil
Stale Superintendent OF Prisons Scott
presumably acting under orders from
ICov. Dix. Handcuffed TO state detec
hives. Brandt was hurried To the couu-
tty court house, where he was sched
aled To appear before Justice Gerard
ln,response to the writ of habeas cor.
pus issued last Friday.
Although showing the prison pallor
the young man. whose case may de-
veiop the worst political and judicial
scandal in the history of the New
York courts, was in excellent health,
lie plainly wanted TO talk but detec
tiyes waived aside all inquirers.
Acknowledgement Carmody repre-
sented the state at the hearing. Be
fore coming 10 court he discussed with
District Attorney Whitman all OF the
known facts In the case. Brandt was
represented by Attorneys Towne, Os
born and Shearn, the former being re-
lained by Brandts friends In the New
York Scandinavians society.
Carmody took the position that the
Cougs now have no jurisdiction over
Brandt inasmuch as he had already
served five OF the 30-year sentence in
posed by Judge Rosalsky. and he ar
sued against the legality OF the writ.
The habeas corpus proceedings did
not touch OH the guilt or innocence or
Brandt. II was granted by Justice
Gerard on the allegation made In the
AFFIDAVIT made by Brandt. and support
ed by counsel that he brandy was
confined in prison deprived OF his
liberty without due process OF law.
The 30-year sentence was character
lied as excessive for a first offender
and the court was asked 10 review the
record of his trial and decide whether
the conviction should not be set aside
and Brandt remanded for new trial.
Counsel for the valet argued that
the record showed conclusively thai
brandt did not plead guilty TO bur
rIary in the first degree. They said
that the record showed that the valet
claimed he eHleIeu llo HouSO W -
servants entrance, which was NOT
fastened, therefore he could not nave
forced an entrance, which he would
have had 10 10 were the crime OF nrsS
degree burglary 10 lie.
Counsel read the stenographic rec
ord OF the proceedings before Judge
Rosalsky in which the valet told or
loing directly to Schiffs personal
APARTMENTS and after putting on 4
dressing gown. sitting down to await
The bankers return home. This, they
said. absolutely disproved the irst de-
gree burglary charge on when the
valet was sentenced.
brandt Is expected to get new
ripl and the charge OF burglary 10
which be pleaded guilty and was
sentenced 10 80 years In prison, hVe
= which he has served, will have 10
6e troved in open court This was
lehnitely indicated by Justice Gerard
odsv when. at the close OF a haoeas
orpus hearing in which the legall'y
If Brandts sentence was questioned
% announced that he was about con-
lnced. Judge Rosalsky, who sehtehc'
d Brandt, did not have JURISDICTION