New-York tribune., 1912-04-01
CANS ASSA|lS DISTRICT
ATTORNEY WHITMAN
cnt.nucd from first page.

am prepared. IL and when the time
comes. to substantiate them not only by
my own testimony under oath, but by
the testimony Of other witnesses He
continues In part:
On January % of this year the District
Attorney was interviewed by the represen-
tatlves of certain newspapers AT AIbany
on his return from Dannemora, wheie ne
had seen Brandt and heard his story, ana
ss the result OF that interview there ap-
pearcd in those papers the following morn
lng stories suggesting scandal and coupling
mis-. Schiff name with that scandal On
nature of Brandts application Tor elem
ency and that it was based on the same
palpabiy false and scandalous tale which
ne nad Incorporated two years prior there,
to m letters 10 senator Nelson. ] asked
the District Attorney whether ne had any
disposition 10 believe that the stor! was
true, ana he told me that ne naa h0t,
that he knew the sChiffs and that ne u'o
not believe word Of H.
BY appointment | called upon him mat
same afternoon, ] showed MN tne IctIt'
which caused Brandts discharge and the
subsequent letter from Brandt asking tor q
recommendation 70 any thinking NINA
these letters shattered beyond the possi-
bility OF reconstruction thst pdll ol ol
Brandts story upon which the motlNe LOT
tered his absurd statement that he had got
into the house that night upon the invita,
tion of, and by means OF Key furnlSHeu
to him by, AN Inmate of the house anu anu
left open as the only possible remaining
inference that he had broken into the house
I gave him also an account or conVer,
satinns which Mr. Schiff and | had hah
with Brandts attorney, In which Brandt :
attorney had suggested to us that II Brandt
were tried he might tell tales In which ne
would attemp, to reflect on Mrs Schiil,
and that for that reason II mlght ne ~
our interest To cooperate with him IN an
attempt to secure a light sentence III CON
siGeiation Of Brandts pleading guilty ana
in which Mr.. Schin and ! had ,old MN
that under no CIRCUMSTANCES Wo9ld We I ro
operate TO that end, and Mr., SchiH had
said emphatlcally that ht did not dcslIe
Brandt to plead guilty because ne dla mo- noo
desire that he receive any lighter sentence
in consideration OF the entering OF such
plea And thus he had persuasive eVlhehce
that any story that Brandt or flscher-
Hansen might tell TO the contrary was aiSo
When I had laid all these facts before
him / asked him II they did not rendeElt
impossible to believe Brandt story, diu u,
MS answer was. II never have heneNed II,
| do nor believe II, and this does MAKE ~
impossible 10 believe it,; but he ADDED
The sentence Is excessive, and the ho'
ernor Is going to commute HIS eH, ~
J said to him that felt quite sure .iSt o. orc
Governor would not take any action IdNoI
able to the application when he ltaiueu
from the District Attorneys report a n,la'
the sCdndalOUS story upon Wllcl tIle dPP'f
could not conceive that any man WIN req
blood I'm his veins and with the ordinary
instincts OF gentleman would give 10
scandal lOus story Of that character tile scdl
of official approval when wouiI result lio,u o,,i
favorable action. ! said 70 nm that ny
sole concern was with the talslty ol 'he
story and that II he would report thdt
Brandtg story was false | was not III any
a piO
concerned with his eXpressl on OF opinion as
to the sentence. To this he replied But
am not going 10 report my opinion on th's
subject
he did not consider II 10 be d part or ms
duty: that all hc intended 10 report was the
evidence which nc had collected. was
aghast at this statement. and ! told him
SO. I said that he Could not possibly take
such an attitude. that no man OF his tram
ing and instincts could on reflection persist
IN such an attitude ! asked MIN TO con-
sIder how hc would feel II such stories as
we,e beinr circulated in the newspapers in
regard TO Mrs Schiff we're being circulated
concerning his own wife, ana some otntr
man standing I'm his official position WIN
.the power To set those stories AT rest pN
ran official report and an announcements or
bis Views were to refuse 10 SET tho stories
AZ rest by such official action. liis onIE
repIy was that the sentence was eNCts
sfye. that the Governor was going to COM
mute Brandt's sentence; That he did not soc
!, ~ ne his official duty 10 report his opin-
ion" ThIs he repeated sevcr2l times.
Cans quotes from a newspaper stor;
nrintcd in advance OF the transmissio1
Of the District Attorneys report TO the
Governor which purported To give ths
substance of the report. He quotes from.
the story the paragraph:
That Brandt did not enter the Flfth
avenue home Of Mr.. and Mrs Schif IN
March. 1907, with an intent To rob, but
went there on the invitation OF mem
her of the household
The words and Mrs" are underlined
in the statement. and Cans explains that
Il have italicized the two words ana
Mrs In the above extract to emphasize
the obvious purpose of their inclusion
namely. TO indicate that Mrs. Schif was
the member Of the household 'on the
invitation Of whom Brandt had OBJ
tanned admission To Mr.. Schift's house.
Further on he says:
This was the beginning Of the District
Attorneys campaign, and TINS rs n.t one
Of the many facts which shed light upon
tho sincerity of the District Attorney
conduct To enter into a discussion OF the
others would occupy far TOO much space
and for that discussion this is neither the
time nor the place. Unless I greatly over
rn1e the strength OF the instinct for jus
tice I'm the community at large ana III tne
legal profession. more fitting occasion VIII
be afforded for the presentation OF those
facts.