The Washington times., 1912-02-22
GOVERNOR DIX HAS
UNTIL TOMORROW
TO PARDON BRANDT
Commissioner Hand Urges
Executive TO Forestall
Court Decision.

NEW YORK, Feb. 22.-When Justice
Gerards decision setting aside the SEN
tence of thirty years imprisonment i'm
, posed on Folke E. Brandt. the former
Schiff valet, Is filed tomorrow Attor-
! neys Moore and Townes viii move for
| Brandt's discharge in their custody to
await the outcome of the appeal to be
! taken from the decision sustaining the
| writ of habeas corpus.
1t was stated today that District At
torney whitman will not oppose this
| action and also, that II the Gerard de-
cision is finally sustained, he VIII move
TO set aside the indictments remaining
against Brandt on the ground that ne
has been sufficiently punished
The Gerard decision was withheld un-
| IN after the end of the court day yes
terday. Today being a legal holiday II
cannot be filed. and thus become ef-
fective, until tomorrow.
! Meanwhile the strongest pressure Is
beine brought to bear on Governor DIX
| IN head off tho court decision with
pardon.
| AS soon rs the decision is entered,
DIES poNer to pardon ends, hecause
then Brandt is presumably an innocent
| man, simply resting under indictment
and awaiting trial. Govornof Dix con-
forred with Commissioner Hard t )day
regarding the latter's Investigation and
| discussed with hiir the latest demand
made on behalf Of schit Mrs. Schift
and their attorney, Howard s. Cans
that they be rermitted to tell their
story under oath.
District Attorney Whitman has pre-
] iniu file
them at once If Dix decides to let either
Cans or Schiff talk. lie told Hand
plainly on Tuesday that he expected in
dictments against botn men for con-
spiracy and that il they are allowed to
testify publicly 1T will be because Il Is
intended to make them immune from
prosecution.
The attorney general made an officia
report to Governor Dix yesterday. Ir
effect, he said the indictment against
Brandt was faulty, and his conviction
illegal He urged the governor to par
don the prisoner, holding that he coulc
then be brought to trial properly or
the indictment still pending against hin
| for assault.
District Attorney Whitman agreed will
the attorney general that the order o
Justice Gerard is appealable. and said h
would confer with Mr.. Carmody befor
anything was done. I'VE may appea
together" he remarked, and then h.
| added that IL an appeal is taken tn
| governor will have restored TO him tn
power of committing the sentence o
| Brandt or of granting him a pardon
But an appeal would not affect the 20
sition of Brandt unless the appeal wa
sustained, when he would again be sub
| jected to the orders of the priso
authorities of the State, providing tn
governor had not disposed OF the matte
In. the meantime. a.
| The points on which Justice Gerart
sustained the writ are these:
First-The records show that whel
Brandt entered formal plea of guilt,
to the charge of burglary In the frs
degree he was not asked whether O
not he desired to be represented b,
counsel or have counsel assigned to hin
by the court. This, the justice SAYS
was required by law.
fining the crime of burglary in the frs
degree there is nothing to show tina
Brandt, whatever other crime he ma
have committed, was guilty of first dc
gree burglary.
Third-That Justice Rosalsky was no
justified in accepting a plea Of guilt
for a crime which the prisoner plain
denied. This, Justice Gerard held, wa
an error against the prisoner.
Fourth-That Judge Rosalsky wa
likewise unjustifed in sentencing Brnd
on that plea.