New-York tribune., 1912-02-03
Application of Former Valet of
Mortimer l.. Schiff for Com.
mutation of Sentence
Denied.
ORDERS ALL PAPERS SEALED
In Spite of This, the Governor
Announces That There Is No
Mystery in Case-Schiff
Statement Not
Considered.
lbs Telegraph to The Tribune !


Brandt will have to serve out the re-
naming twenty-five years Of the thirty
year sentence. imposed on him by Judge
Roealsky after he pleaded guilty 10 rob-
bing and assaulting Mortimer L. Schif.
by whom he had been employed as
valet. Governor Dix tonight denied
Brandt's application for a commutation
OF sentence In statement which he
gave out telling Of his decision the Cow
ernor announced that there was no mys-
terry in the case. but at the same time
I, was learned through his legal ad-
wiser. Seymour Van Santvoord. that he
had ordered sealed all the papers filed
with him.
The Governor himself did not come out
to meet the newspaper men, who were
waiting for the decision in the execu-
tive chamber, but sent Mr.. Van SAINT
voord to answer any queries The legal
adviser said that the statement submit
ted by Mr.. Schiff through his attorney.
Howard S. Cans. had not been considered
or even accepted.
The only papers which the Governor
took into consideration and from which
he gathered all the facts upon which ha
based his decision" said Mr.. Van SAINT
voord. were the petition of the convict,
supplementary letters from him. which
were sent to the executive chamber righJ
up to a few days ago; the report OF Dis
trict Attorney Whitman, statement
from Judge Rosalsky and the records
from Dannemora prison, showing the
health and conduct Of the prisoner"
Brandt had the fullest opportunity 10
D, esent any facts he saw III, Mr.. Van
Santvoord said.
Case Considered All Day,
The Governor and his legal adviser
were in consultation over this case all
day. When the latter came out Of the
cl,ief executives inner room to announce
the decision no amount Of querying could
induce him to indicate in any way wha'
advice or facts District Attorney Whi'
man or Judge Rosalsky gave in their re-
ports.
District Attorney Whitman. II is
understood. has said that the sentence OF
Brandt vas too severe. and that had the
case gone to a trial a much lighter SEN
tence would have been imposed Wasn't
that taken into consideration" Mr.. Van
santvoord was asked.
"I don't affirm or deny 1t. n the Dis
trict Attorney chooses TO say anything
about that he cam" was the reply.
We understand that a police sergeant
who reported Brandt's past record had
told of the large number of places he
had been dismissed from. This report is
said to have been proved false, and an
investigation is being made into the con-
duct Of the police sergeant Was that
fact brought TO the attention of the Gov
ernor?"
That had nothing to do with this
case" was the reply.
We'll, if it had been considered, would
1t have influenced him." was asked.
Can't Read Governors Mind.
You will have to ask the Governor
that question. | have no way OF read
ing his mind" said Mr.. Van Santvoord.
It was pointed out to the legal adviser
that II might be natural for the public to
suppose that some influence had been
brought to bear to keep Brandt in prison
I'm view of the fact that Alton b. Parker
and Paul d. Cravath had been engaged
TO argue against the granting Of the
commutation.
II want to say right here" shouted Mr..
Van Santvoord, rising from the chair, at
ha fah nd
gesticuIating angrily, that no influence
has been brought to bear in this case
and no one has seen me except Mr. Cans.
He came here on Monday and I refused
to accept any statements from him.
Governor Dix has decided this case on
the papers that have been submitted to
him and nothing else, as he says over
his signature"
1t was pointed out that the decision Of
the Governor is absolute and unreview-
able Governor Dix's statement follows:
The application for a Communication Of
the sentence of Lawrence De Foulke
Brandt is denied. There seems TO have
been an attempt to inject mystery into
this case, but there is no mystery. The
prisoner made an application for Glenn
ency and he was afforded every oppor-
tunty to present his plea In full. ]
thereupon asked for report from the
District Attorney and the presiding
Judge. which have been filed. / have re-
ceived no other papers. There have been
no arguments. orally or by brief. No
written or oral statement whatsoever
from the complainant In the original
case or any attorney on his behalf has
been received. / have decided absolutely
and entirely on the record
Lawrence De Foulke Brandt was sen.
tenccd to thirty years In Jail by Judge otto
Rosasky, in General Sessions. on April 4
1907, after he had pleaded guilty to burglary
In the first degree. The crime which he
confessed was that of entering the home Of
Mortimer l.. Schff a month after his dis
charge as Mr.. Schiff's valet hitting Mr.
Schiff over the head with a club and
taking jewelry valued at 500
Some four weeks age Brandt wrote te
Governor Dix from Dannemora, where he
had been incarcerated. begging that ne be
since he had pleaded guilty, ar
innocent man, to shield the reputation of
woman In the Schiff household, and witf
the assurance that he would regain his lib
erty within a year. Governor Dix asked
District Attorney Whitman to investigat
the case and report TO him, and he asked
Judge Rosaisky also to submit report G.
the court proceedings.
District Attorney Whitman. after confer
ences with Brandt Carl Fischer Hansen
the ex-convict, who had been Brandts law
yer, and with Howard 8. Cans. who has
Mr.. schin, recommended -