New-York tribune., 1912-02-21

The hearing ordered by Governor Dix il
the case of Folke e. Brandt was declared
closed by Commissioner Richard l.. Hand
yesterday afternoon after an all day session
hut Immediately following, at the instance
OF Delaney Nicoll, one of the counsel fol
Mortimer l.. Schlff the Commissioners re-
yersed himself and reopening the hear
ing, adjourned it TO Tuesday morning al
II o'clock.
Commissioner Hand first decided tho
hearing was closed after an argument by
Attorney General Carmody who said he
was willing TO shoulder all responsibility
for the closing of the hearing. But Mr.
Nicou. who had pleaded hard TO be allowed
10 call Mr.. and Mrs. Schiff and Howard
:. Cans TO the witness stand TO throw
light into every corner of the case, and
he said. that the whole truth might be
known. protested against the closing OF
the case.
Both Mr.. Cans and Mr.. Schiff we're
present at the hearing, which was held IN
one Of the chambers of the Public Service
Commission. They were ready to testify,
but Mr.. Nicolfs offer TO call them as Wit
nesses met with objection on the part OF
District Attorney Whitman aud Attorney
General CarmOdy. Mirabeau l.. Towns,
counsel for Brandt, also protested against
their being called. Both the Attorney Cen
crai ana District Attorney declared that
10 call Schif and Cans might result In
giving them immunity from possible prose-
cution for supposed conspiracy arising out
of the manner in which Judge Rosalsky
sentenced Brandt to thirty years in prison
r.. In, N6n A-cA
degree
Denies Desiring Immunity.
Mr. Nicoll replied TO this with consider
able heat and declared dramatically that
both Cans and Schiff not only would re-
fuse 20 demand immunity II called as wit
nesses, but would decline to accept 1t IL
offered and would sigma stipulation TO that
effect
Commissioner Hand sided with Mr..
Whitman and Mr.. Carmody, for the pres
ent at least, and said he would refer the
matter to Governor Dix and make known
on Tuesday whether Mr.. Schiff and Mr..
Cans might be put on the witness stand.
But il is not probable that there will be
another hearing in the case. for 1t was
said that Justice Gerard, OF the Supreme
Court, who issued the writ Of habeas
corpus on which Brandt was brought from
Dannemora prison after serving five years Of
the thirty-year sentence, would file his opin-
ION probably to-day. II is generally believed
that the opinion will sustain the writ thus
nullifyfng the proceedings OF Governor Dix s
commissioner. The pardoning of Brandt
by the Governor in the mean time, which
was considered yesterday evening not at
all improbable. would have the same effect.
Many papers which were before the Gov
ernor when he denied Brandt's application
for executive ciemency were made part OF
yesterdays proceedings, but the documents
notable by their absence were Mr.. Schiff's
afidsvit, the two statements from Mr.
Cans two more from Carl Fischer Hasen
and a long brief by Alton 3. Parker. The
attitude OF the Governor in Withholding
these papers caused considerable comment.
WooIridse the Only Witness.
Only one witness was examined during
che day. the better part OF the morning and
the entire afternoon being taken up by
tho wrsngies OF counsel The witness,
Lieutenant Detective Joseph 4. Wooiridge,
n copy Of whose report on Brandt's Grim
inai" record was before Judge Rosalsky
when he imposed sentence, testified as 70
the sources of the record. His testimony
revealed nothing that was not already
known.
when the proceedings opened the little
courtroom was crowded, with standing
room at a premium. Three women occu-
pied seats in the audience. At the coun-
gel table next to Mr.. Nicoli sat one Of his
associates. John ID. Lindsay, and next to
him sat Paul d. Cravath. who entered the
room with Mr. Schiff The banker sat be-
hind his counsel He wore a plain blue
suit and looked I'll at ease, biting his fin
ger nails almost continually.
To the right of Mr. schin sat Adrian
C. Kiernan. counsel to Woodbridge, and at
Sohin were seated District Attorney
whitman. Attorney General carmody. Mr.
Towns and >Axel Josephsson. assistant
counsel for Brandt
After Commissioner Hand read his com
mission from the Governor empowering
him TO conduct the investigation, he asked
counsel 10 rise and note their appearances
Mr. Nicoli said he Mrs Cans, Mr.. Cra-
vath and Mr.. Lindsay appeared az counsel
fer Mr. sehin
Mr.. Towns next arose and spoke at con-
siderable length. Commissioner Hand
sought several times 10 stay the flood Of
his eloqnence, but in vain. Not the least
startling OF the statements OF Mr.. Towns
was that his client would rather spend
the remainder Of the thirty years in prison
than that the name of any woman should
be dragged into the case
In part. counsel for Brandt said:
Section a26, stating the powers OF any
commissioner appointed by the Covernor
distinctly says in the last paragraph that
such coinmissicn shall only examine, or
the Governor. II the Governor does II per-