The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1912-02-21
MAY Be
SET FREE BEFORE
THE DAY IS ENDED
II Dix Does Not Issue Par
3 4Nn by a O'clock Justice
Gerard Will Act. .

NEW YORK, Feb. 2l.-Attorney Gen.
eral Carmody went to Albany last night
to demand that Governor Dix pardon
Brandt today.
Before this day ends Justice Garard
will decide the habeas corpus case and
all lawyers in the case expected last
night a decision in Brandt's favor.
These developments came Immediate
ly after the collapse of the investigation
by Governor Dix's commissioner. Rich
ard l.. Hand, yesterday, after an ex-
citing but fruitless session.
The investigation fell through because
De Lancey Nicoll demanded that Nor
timer l.. Schiff, Mrs. Schiff, and Mr.
Schtn's lawyer, Howard S. Cans, testify
at a.
Baked BY Whitman.
District Attorney Whitman and Mr..
Carmody combated this demand. They
won on the ground that their appear
ance as witnesses would grant them
immunity from subsequent prosecution
for conspiracy.
Mirabeau l.. Towns declared Brandt
wished to keep out all scandal.
If Governor Dix pardons Brandt he
will be freed Immediately
If Justice Gerard sustains the habeas
corpus writ there must be a new trial.
Then Mr.. Whitman will ask that the
first degree burglary indictment be
Quashed. He will ask. too. that the
assault indictment be dropped, for
Brandt has served as long a term as
the laws demand for such crime.
So, by pardon or other process Brandt
will be released very soon.
The Hand investigation must end
then.
Mr.. Whitman will be left free to
pursue his grand jury investigation
into the conspiracy charges.
Four men will be indicted for con-
spAfacy, it is expected.
Both Face Indictment.
When: De LanceY Nicoll tiled to put
his clients Messrs. Cans and Schiff,
On the stand before Commissioner Hand
in the hearing yesterday, District At
torney Whitman officially declared they
faced the possibility Of indictment for
conspiracy and he therefore objected
to their being called because of the int
lnunity they might gain by testifyins.
Mr.. NiColl protested Veherhently. At
torney General Carmody supported Mr..
Whitman and warned the commissioner
against the possible consequences of
hearing the banker and the lawyer.
There was no hesitation on the part Of
ar. Hand. He adjourned the hearing at
once, saying that the grave RESPONSE
blity of passing upon the desired per-
mission was one that Governor Dix
alone must decide, and so the case Is
fer the third time thrown lack upon the
executive.
Mr.. Nicoll, in the statement that pre-
cipitated the closing of the hearing yes
terday, declared his clients wanted to
prove how vile and baseless were the
ISLANDERS directed against Mrs. Schiff by
Brandt. He proposed to do this by put
ting Mrs. Schiff on the stand, and also
calling as witnesses Mr.. Schiff and Mr.
Cans.
This brought a rebuke and a denial
from Mr.. Carmody. He declared Brandt
had never whispered scandal, and that
his application for clemency, which had
been given by Mr.. Nicoll as the genesis
of the whole "unsavory mess" was
entirely free from insinuations. Nicol
was shocked at hearing this The plaC.
ing of the responsibility for the scanda
that Has been smeared all over the case
upon the shoulders of his client seemed
10 discomtit him. He seemed sur
prised to hear that Brandt had not in
cluded scandal in his application to the
governor, but he still insisted that the
only way that the woman could END
the gossip was by taking the stand in
public.
To Appeal to Dix.
And when the inquiry ended so sud
denly it was reported that the lawyer!
for Schff and Cans would urge tho
Governor to remain firm and refuse {
pardon and that they would go further
and submit briefs to him tending t
show that the testimony OF the banker
and the lawyer would not give then
immunity. So last night and this morn
ing Gov. Dix will be the rope in a tug
of-war, on one side of which are pulling
Messrs. Carmody and Whitman, ani
on the other Messrs. Nicoll, Parker
Sheehan, Lindsay, Cravath and othe>
lawyers who appear for the Schifs.