New-York tribune., 1912-03-03
.CAYNOR ON BRANDT CASE'
Continued from first page.

threshold Of this dark room. he. the pris-
oner. hit him on the head with the ten
pin. and how Mr. Schiff jumped aside and
turned on the light and confronted him.
in the dark and then Mr. schfr l turned sin1,1 on
the light" The judge asked him II he
asked Mr.. schiff for money before or after
he struck him. and he answered: After
struck him" He then described how Mr.
SchiT lid the best he could TO keep him
off and pacify him and get him out Of the
house in the easiest way possible, the same
as any of us would have done.
II seems incredible that such a charac-
ter could he taken out of prison and brought
down here to. this civilized city by the
tional newspaper publisher and made
hero OF here among certain people His
statements and those Of certain black
legs who are aiding him were accepted by
some people offhand. without regard to
their improbablity or extravaganza. while
nothing said by Mr.. Schiff and his rela-
tives. associates and friends was given
any credence. although they are known in
this community as honorable people much
OF whose lives rs given up to works of
humanity and benevolence
Mark well. ] am not saying that this
was the attitude or view of anything like
a majority OF the people Of this city. on
the contrary. ] have not from the begin
ming met a single intelligent man or woman
who was not Of the other view. and who
did not ipol sense OF outrage that such a
dishonorable ard demoraliziug exploitation
could be perpetrated here
And proba bly the most lamentahle thing
Of all Is that judicial officer went back
Of and set at naught the valid judgment
Of conviction in this case on n writ Of
habeas corpus. and rees sed the prisoner
on the ground that when the judge who
sentenced him was examining him In the
way which | have already described tho
prisoner said that the cellar CRATE was
door from the cellar To tho next floor was
open. and all the doors were open. so that
he got I'm and up into Mr.. SchiH's dress
ing room on the third floor. where he lay
in wait 10 assault him. without opening
any CRATE or any door, which would tech
nically make the crime fall below burglary
in the first degree. on the ground that no
force was used to enter
mo Part Of Plea OF Guilty
This statement Of tho prisoner was no
part Of his plea OF guilty at all. He had
pleaded guilty week before, and tho
record was made up. The examination
Of the prisoner when he was sentenced is
no part Of the record Of conviction. And
more than that. the judge was not obliged
to believe anything, much less every
thing. that the prisoner said to him
when he was examining him preliminary
to sentencing him. There was evidence,
il the prisoner had stood trial. that the
cellar crate and tho cellar door were not
opened. And that they were open and
the door leading from the cellar. upstairs
was open and every other door open is
too much for belief.
And as you we'll say. the reason which
he gave in applying 10 YOU for pardon Tor
having visited Mr.. Schff's house is more
infamous than II he had entered II for
burglary II he had stood trial and MADE
such a defence as that before jury they
would have convicted him without Leaving
their seats and yet newspaper PUBLISHER
has been able for many days 70 ekploit
him here as hero and an injured innocent
the victim of a race conspiracy. ana thete-
hv excite passion and race prejudice. whlch
are disgraceful To our city sincereiy Eou'7 .
". J. GAYNOR. Mayor.
Nicoll. Anable. Lindsay e. Fuller, OF
counsel for Mortimer l.. Schiff and How
ard s. Cans. gave out a statement yes
terday intended 10 show that the report
on Brandt's record made in 1907 by De-
tectivc Sergeant Woodbridge. of tho Po-
lice Department was substantially cor
rect.
This statement was especially pleasing
TO District Attorney Whitman whose
contention has been in regard to the
Woolridce report. not that II was es-
-c,,,1l;~ incorrect or that Brandt was
.- ~ youth. but that the report was
.olice report. but one prepared
urJ.r. the Instructions of counsel for the
complaining witness against Brandt In
1907.
ON March 30. 1907. Howard :. Cans
wrote a letter to Inspector Mclaughlin
in which he spoke of Noolridge's re-
port as not beiug sufficiently complete.
In Woolridges report, read before
Judge Rosslsky on April 4. 1907. he said
he had been instructed by Inspector Nc
Laughlin on April | 70 investigate