Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-02-14
S|FT BRANDT'S CASE
Grand Jury to Probe Alleged
Conspiracy in Trial.
DISTRICT ATTORNEY TO ACT
Inquiry to Be Independent of That
Of Gov. Dix.
HINTS SENTENCE WAS ILLEGAL
Supreme Court Justice Gerard Cues
tions Thirty-Year Term-New :.
Trial Granted.
HINTS SENTENCE WAS ILLEGAL

July was prepared IoQdy TO IHduSufdte
special inquiry into the case of Folke E.
Brandt to determine whether the former
valet Of Mortimer L. Schiff, the banker,
was sent to prison for thirty years for
burglary in the first degree as a result
Of conspiracy. District Attorney Whit
man is said to have evidence which he
desires to bring before the grand jury,
and that this investigation would be quite
| Independent of any inquiry made by JUS
tice Gerard, who has been appointed COM
missioner by Gov. Dix to conduct a hear
ing on an application for executive Glenn
ency in the Brandt case.
full airing Of the Brandt case will
be had at the hearing held by. Justice
Gerard, as the statute gives him power to
subpoena any and all persons and to
cause the production of any books and
papers.
Would Nail False Scandals.
Counsel for Mortimer Schiff has made
it plain that his client desires an oppor-
tunity that the case may be sifted to the
bottom in order that false and Infamous
scandals may be shown to be untrue.
Immediately following Judge Rosalsky' s
arrival at the criminal courts BUILDING to-
day he announced that the arraignment
of Brandt before him had been Indefinite
~ postponed. He said that this action
was taken so that he could not be criti-
cised as being discourteous to the SUI
preme court
Supreme Court Justice Gerard, who was
appointed as commissioner to investi-
gate the conviction and sentence of
Brandt, today announced that in his
opinion he is prohibited by law from az
cepting the appointment. and will SO ad-
wise the governor. Justice Gerard said
he would see Gov. Dix personally to-
morrow night and confer with him with
respect to the case.
Judge Rosalsky's order yesterday set
ting aside the verdict in the Brandt ca Sc
and ordering that the prisoner be brought
before the court this afternoon for plead
ing to the original indictments against
him probably will come to nothing. mas
much as 1T is likely that Justice Gerard
will issue a prohibitory order against
taking Brandt out Of the custody Of the
| supreme court to the court of general
sessions.
In ordering a new trial for Brandt
yesterday Judge Rosalsky said to Dis
trict Attorney Whitman:
In the interest of justice 1 believe
that it will be better to move this case
before another judge"
Rosalsky Defends Self.
Thereupon Judge Rosalsky ordered that
Brandt be brought from the Tombs over
the Bridge Of Signs into part 4 of the
court of general sessions, where Judge
Rosalsky presided, and arraigned before
the bar and allowed to plead not guilty
to the Indictment charging him with bur-
glary In the first degree.
Despite the order of Gov. Dix that the
papers be sea.ed, Judge Rosalsky, spur
red on by the bitter attack that has
been made on him as result of SEN
fencing the former servant of Mortimer
L. Schiff to serve thirty years in prison,
publicly read his report to the governor.
Judge Rosalsky declared that his rec
ord on the bench would bear the clos
est scrutiny. He had been moved, how
ever by bitter attacks to aid full and
He pointed out the minuteness with
which he questioned the prisoner when he
pleaded guilty to make sure that he I'M
derstood the offense.
Judge Rosalsky's action was taken two
hours after Justice Gerard of the SUI
preme court bench had reversed decision
on an application for Brandt's release on
writ OF habeas corpus with the COM
ment that he was almost convinced"
that the trial court had not had jurisdic-
ton in sentencing Brandt on his plea,
unsupported by evidence Brandt had
been remanded to the Tombs to await
Justice Gerard's decision when Judge
Rosalsky ordered the new trial.
A feature of yesterdays developments
was the appearance of Judge Alton b.
Parker in behalf of Mortimer L. Schiff,
who, he declared. is anxious to have the
case sifted to the bottom in order that
false and infamous scandals might be
proved untrue.
Attitude of Schiff.
To complicate the unusual court pro-
ceedings Gov Dix, who previously re-
fused to interfere in Brandt's behalf, late
yesterday appointed Justice Gerard as
commissioner to hear Brandt's applica-
ton for clemency, which was regarded
as a move to take the case out Of Judge
Rosalsky's hands.
The district attorney stated that he did
not wish to appear as consenting to the
Proceedings in Judge RosalSky's court, In
view of the suspended decision of Justice
Gerard. The district attorney said later
he believes there is no statutory ground
for vacating the judgment.
The attitude of Mr.. Schin as presented
by Judge Parker in part follows:
There has never been time since this
man conviction that Mr.. Schiff would
not have injected himself into an appli-
cation for clemency based upon grounds
of contrition and reformation. Instead of
that, according to the reports, Brandt at
tempted to gain the sympathy of the gov
ernor and other officials by posing as
martyr under the infamous suggestion
that Brandt's presence in my clients
house was to keep an appointment with
one dearer than life itself.
''With an instinct natural to, husbands
or fathers my client has felt like resist
ing the call of civic duty which demand
ed exposure of charges SO vile and out
rageous.but he resists no longer. He
hopes now for trial that will enable the
public to judge Of the prisoners crime
and affording him the opportunity of v'n-
dicating his honor and that of his beloved
wife,
Story of the Assault.
Judge Parker read long letter from
Mr.. Schiff in which he said: 'The facts
are simple. Brandt wrote an insulting
letter to my wife and was at once dis
charged from my employ. About a month
later he entered my house at night and
lay in wait for me in dark ROOM. AS
I entered the room and before 1 realized
his presence or word had been spoken.
he struck me on the head with a heavy
in. Near at hand he had a carving
knife.
'sThinking I had an armed maniac to
deal with, I argued with him. gave him
money and got rid Of him as best I
could. and asked him to come to my Of
fee When he came I had him examine.
by eminent alienists, as l believed he
was of unsound mind The alienists de
clared him sane and I caused his arrest.
Il was told that unless l favored leni-
ency to this man he would attempt to
spread scandalous stories. / felt it was
NV duty to my family. as well as to
society. to refuse to be influenced by
such threats, as I believed that the man
was a murderer at heart, even IT, by
L. l~,l r.