davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1912-02-15
Discretion the Better Part Of Valor.

| was unarmed and he had this CLUB,
which he was brandishing over me all the
time | felt discretion was the better part
OF valor. tried 10 tcmporzc with hm
again, telling him how foolish IL was for =
young man to start In on a career OF crl inc
and that he could not gain anything by II.
lie said he wanted to do" me up, ana
he knew, even IL he were caught, he would
only get two or three years. | kept on
talking TO him. / said, Now, II you trust
me, | will trust YOU and II you VIII go
quietly / will let you 20, and give you
everything
He told me "A long story about being out
of work being discharged and all that sort
OF business | said. II will help YOU.
Finally. after quite a lengthy conNefsa- :
ton that must have lasted a quarter OF
an hour, i'm the meantime lac had dropped
his club next To me. and put his hand this
way I'm his hip pocket Gndicatingl lie had
his coat and shoes off. ! said. ny do you
Keep your hand on your pocket?
He said, II have got "A gun with when l
will shoot you in case Of need. lie agreed
to go peacefully, finally ! said. i VIII
trust you. but you must tell me how you
cot in.
He said he had been IN the house since ,
o'clock. and had heen in my dressing room
for a couple of hours. waiting Tor me 10
come. thai hc had got in through an ASH
chute through a place where they take out
the ashes in the cellar | said, Where are
your shoes and cOat?' He said. Down ih
the cellar
New-York tribune., 1912-02-15
MINUTES OF GRAND JURY
M. |. SChiff Told How Brandt
Hit Him and Stole Pin.
PINKERT0N MAN TESTIFIED
Swore Brandt Confessed That
He Broke Into House and Stole
Pin-Indictment Followed.

Tho Grand iurv minutes of the proceed
irrs under which Folke L. Brandt was IN
dcted for burglary in the first degree in
March. 1907, were made public yesterday 10
tho extent of the portion which includes
the testimony given by Mortimer i. Schi't
and John ". Rogers, the assistant super
intcndent Of Pinkertons who testified thar
Brandt had confessed the theft Of tho PIN
10 him They were as follows
Court Of General Sessions Of the Peace. 8.
The People of the state Of New or
against Lawrence Dc Foulke March
Mortimer L. Schin being duly sworn by
the foreman testified as follows:
BY the foreman-Mr. Schiff, viii YOU tel
rs what you know about the assault: g
Answer-W Wen, Friday evening, Marcn .,
I returned with Mrs. Schiff shortly before
10 o'clock Mrs. SchifT returned 70 hel
room to bed, aud ! sat In the tro't Si.C,"S hn,,r
room fOr half or three-luart"rS OF an iou, . :
reading At about half-past ten or aboul
twenty minutes To eleven | walked PACK 70
my dressing room. which IL i'm the extreins,
rear OF ;he house, 0n TN" second moor "''"
put ont the lights. as is my custom,
When ! got there. by the time got 10
the door Of my dressing room, when "sS
closed. the hall was I'm darkness. ~
opened the door Of my dressing room , ri.
a very violent blow on my head. diu no,
know ai first what struck me. and ! iumpfu
10 the switch. which is right al inc H"VI'
the room being in darkness. and iShi'd me
light and saw q man standing over h''
hrandishlng q club of some kind.
| Mt first did not rccogut2" VINO u Was
but then recognized II was n former dls-
charged servant of mine. by name Law
rercc De Foulkc. who said to mo that !
should lav everything I forgot one pom, =.
Before ! recognized him ! said, thinking ~
WIS Just q burglar. I said, Now. don h'
me again, ] will Civ" YOU Whatever nloil'h '.,
/ have got in my pocket" Then r"coE-
nizcd him. lie said. Put all the money
that Won have got or the dressing room
table here"
New-York tribune., 1912-02-15

conference with District Attorney NV
man yesterday afternoon, presnmao's -
this point. He said he intendeh ~
Mr. Whitman by thorough sear'n W.
the files at Police Headquarters t"r d"'
thing that would throw light on '"e
case.
Judge ,Rosalsky announced yesteroSN
that tho adjourned proceeding III Ms
court would be indefinitely postpohe''
and would not be taken UP in any way
until the habeas corpus proceeding pend-
ing before Justice Gerard had been DIS
posed of by a decision. In his maj
words in that proceeding on TUESDAY
Judge Rosalsky said:
Issue commitment for the indicfmcn
for assault and bring him before me- 80
7 eau have him legally before me
Mr. Whitman, when asked about this
point yesterday. asserted that IL Brandt
was taken into the General Sessions
Court again in any proceeding with
which he had anything TO do I. would
he on the burglary indictment and not
on the assault charge
Mirabeau l.. Towns declared yesterday
that Brandt could never be tried again
Constitution provided that no one should
be put in Jeopardy twice for the same
offence. Mr.. Whitman said on that point
that technically, if Judge Rosalsky's ac-
ton i'm setting aside the verdict stood
Brandt would he in the position Of never
having faced trial on the burglary in
dictment, and tho constitutional pro-
vision would not apply. Accidentally
speaking, then, the District Attorney
said, Brandt would not have served the
five years that he had served, because
the setting aside of the verdict would
restore the matter to tho status i'm which
it was just prior TO Brandt's last plea
five years ago.
Mr.. Whitman said that subpoena had
been issued for former Inspector Nc
but that his process servers
had not yet found him.
Folke r. Brandt, the Young man in
started, remained prisoner in the
Tombs yesterday. as he will at least until
Justice Gerard gives his decision on the
writ of habeas corpus, or until ne is
pardoned by tho Governor. He received
a theatrical offer from "Al" Reeves for
$500 a week. TO which he sent the brief
reply, Decision deferred"
New-York tribune., 1912-02-15

Der OF the executive board Of the ih,e'
national" He attended the meeting of
that board and later convention OF tne
international in 1907 in Indianapohs'
ana that was the only time he ever went
West, he said
lie denied knowing McManigal or
James 3. Mcnamara. and said that ne
did not believe that any sane man Won'd
consent to anything like the dynamite
outrages, or that any man would have
the heart to endanger life and property
in such manner
III McNamara's mind became diverted
into those channels" he said. lit was
without any guilty knowledge of mem
bers of the executive board at least not
when ] was on tho board
New-York tribune., 1912-02-15
Rosslsky Exceeded Authori.y.

Attorney General .CaImcdy bo'Gs net
Judge Rcsalskv exceeded hlo ap'hor,ty, IN
reopening rho Brandt trial Ho contends
that this in Itself Is reason fo; rrrthar
investigation 81 the Tholc cage He has
advised the Governor that tEo hab"as cor.
pus proceedings now swaitlng the acton o.
Justice Gerard and tho invest Gatl,n bS
Mr. Hard arc two matters which can 70 on
side by sidr. but that tho fSoSalsky trial Eas
no place I'm the gchene Of things. aul cc.
cision Of the habess corpus proccs;!ipg q
must take precedence over anything IA the
General Sessions Court lie maintains tnai
tho state authorities. and only the STATE
authorities, have control over Brandt ~
this time.
Brandt rs in the custody of the state
! and can go only whore tho state says and
! do only what the state permits" said Mr.
| Carmody Physically he Is in the cratudy
| OF tailer ana this man will deliver hlm
only TO such authorities as are designated
| by the warden of the prison. who in turn
! Will act only under the orders Of the SUI
! porintendeDt of Prisons
| The Superintendent OF Prisons will act
/ only on the authority Of the Attorney
! General. who is by law the adviser OF all
state officials as TO the proper discharge
| OF their duties. Thus the red tape IS all
united The officer in charge Of the prison
will deliver Brandt up only on my order
as representing the Superintendent OF
Prisons
New-York tribune., 1912-02-15
onIv Three Arrests Here.

T,broe arrests were made in New York
CITY two ir Manhattan and one IN
Erool,Ivr The men were Frank {
Webb. OK No. 1901 Lexington avenue;
Patrick T. Farrell OF No. 2f4 East 56'h
street. and Daniel ]. Brophy, Of No. os2V
Fourth avenue. Brooklyn. All three nave
locn members Of the executive board o'
H.. Iron workers international organiza =
iior.
Agents Of the Department of Justice
arrested each of these men ar his home
shortly after o'clock yesterday morn
ing. Brophy was later arraigued before
I-uitei states Commissioner Rcredi"t ~
Rrooklyr. and was held for examination
I'm cxtradition proceedings on February
o. Being unable to furnish bail he was
son, - the Raymond street jan.
Hc pleaded mot guilty" before com
missioner Benedict and said: My hands
are clean. When I left Indianapolis
aid not own a corner saloon o. string
cr rocchorses. When reached Brook
r,n / went Into the harness of nn hon
.st 'nborcr. Tho judges of California
;r, responsible for putting the McNa-
maraa whore they ave to-day"
Iohn :. Bennett, counsel frr Brophr,
New-York tribune., 1912-02-15

said that ne had not examined the pa
pers for Brcphy's cxtradition, but ne
was Of the opinion that his client Nouio
:" to Indianapolis Willingly.
Brophv has been employed as diver
AT the Brooklyn Navy Yard. Ite worked
there frr J. r. Larkin, of No. 32l ''th
street Brooklyn. Brorhy is forty-nve
years old and has wife and SIX cnil-
dron.
Farrell and Webb we're held in rhe
office Of Marsna Henknl until their ar
raignmcnt before Thomas Alexander.
United states Commissioner.
Sample Of the indictments.
The complaint made by Henry A.
WiSc. United states Attorney. on which
they were arrested, was drawn on the
copy of the indictment sent from Indian
apois and was described as a charac-
teristic sample of all the indictments.
II said:
on or before December t. 1906, at Indian
apolis, in the district Of Indiana. Frank NJ.
Ryan and the other ffty-Onc men named IN
the indictment, uulawfully, knowingly VII
fully and feloniously did then and there
cunSpirc, combine, confederate and agree
together ~ commit an offence against the
United States, 70 wit:
To transport, carry and convey eXplo'
sives. to wit: Dynamite and nitroglycerlne
between places i'm various states upon and N
vehicles then and there used and employed
in transporting passengers by land
, that said conspiracy was
continuously I'm existence and in the process
Of execution all OF the time from Decem
ber 7, 1905, and at all Of the times, I'm ihls
affidavit mentioned. and particularly az tn'
time Of the commission Of tho overt act III
this affidavit herenbefore, ,set forth.
And deponent further says that he ~ IN
formed and believes that or or about jan
uarN 2. 1871. In pursuance OF ann IN iuI
thcrance OF, and I'm execution OF. ana tor
the purpose OF carving out said conspiracy
combination confederation and agreement
aforesaid. said Ortic r. McManigai mere
followed long list Of aliases used by NC
Mauigab did then and there transport
carry and convey fOrty-hve pounds OF dNna'
mite between the city Of Belletontalne
Ohio. and the city of indianapolis upon \
railroad passenger ear Which Wa'
part of passenger train known and desie-
mated as tho Cleveland. Cincinnati. Chlcseo
& st. Louis Railway Companys tram NO
~. Cleveland division.
Webb and Farrell waived examination
and tried Ia procure $4,000 bail each Tor
their release until pleading at Indianapo-
lis on March I2. but were unable To Sc
cure bail and so were taken to the T"mbs
by Marshal Henkel.
New-York tribune., 1912-02-15
TAFT AND n'KTNi EY COFFEE
President to epesk n Chicago OF
M.rch J.

Washington Fsh. u -pre,ideai Tnr; h.n
long cn'if",eicl' 81" "i.'r "a sens'"r
crane. Ee.'">"idrti'" M"Grta' me alln-
ager Of IN" Tpf' ea'nr1ier. rN1 secrc'a',.
lIill@f
n was aPpo1H' d .r7t 80 ''rp.'"-'.i no'i-
ti"si situriic9'' had i.as- .''-.nss.s,I.-.s,' y
vas a9fed ;hs 'h |.--. -~s
"cpld 80 70 't." ?" - ~ - 80
Scsn1ir; l. - t.5Ieh 2
New-York tribune., 1912-02-15
"lf You &C Quietly"

/ said. Go downstair- and get your
things and ! will meet you at the front
door, auI II you go quietly I viii give YOU
some money. ana then YOU can get your
things and can get a nights lOd-lhs. Ny
head was hurting me pretty badly. IL hah
swollen up pretty large. lie did come to
the front door and I gave him, somewhat
foOlishly so. think IL he had not hit me
on tho head ! would have given only ten. l
let him 90.
AS went ! said. III you come down 20
my Office On Monday morning. cannot DC
down to-uiorrow-SatuTIay- VIII gee what
can do for you, and possibly I VIII ar
range 20 send YOU ont 10 Chicago or som"
other place where you are away from
here" As soon az he had gone alarmed
the house and saw everything Vas tightly
locked up. went back tc my dr-ssiug room.
locked the door TO my dressing room. 20
no one could. come IN and - could make
a careful search.
I spent the rest II tho night nursing my
head, making cold applications. In the
lnorning I went tu mN dressing room and
called the butler who has been with mo for
some time. lie knew my butler was never
home Friday nights. Wc made a careful
search of the dressing room. We fuuud. In
addition to the club which was very
heavy Uin on. from an Old bowling alley
that had been I'm my house, We found q
carving knife. w.. ,Ound heavy metal
hos which stood In tho parlor. weighing
several pounds. ~" found two diamond
srarfpins two diamond horseshoe pins and
we found silver shp" horn gone.
New-York tribune., 1912-02-15
INDICTED MAN CAN'T BE FOUND

Omaha. Feb 1i.-Frank Painter, of this
city, business agent Of the local iron
workers union. mentioned as one OF the
men indicted in India anapolis. Ia said to
New-York tribune., 1912-02-15

and reports used five years ago 10 obtain
tho thirty-year sentence which was
meted out TO Brandt were also used and
have been brought up continually in the
present revival of the case, with the
view 10 clinching the long sentence then
imposed and denying Brandt his chance
for freedom.
The list of prospective witnesses oe-
fore the grand Jury included Inspector
Mclaughlin who will be subppnaed'
and who. therefore, will have Il chance
to testify. Detective Woodbridge was tho
only witness examined yesterday. six
witnesses have been subpnuaed for to-
DAYS session, and it was learned that
every one mentioned in the Woodbridge
report 10 Inspector Mclaughlin viii be
suhpnnaed.
Apart from those previously men
toned. il became known yesterday that
August Reymert, the counsel to the
Swedish Consul in New York City, would
also be a grand jury witness.
He came into the case through United
States Senator Knute Nelson. Of Mime
sofa Two years ago, according to Axel
Josephsson, attorney for the United
Swedish Societies, Senator Nelson was
first apprised of Brandts complaints
Of injustice, and after a personal in
testigation he forwarded all the papers
in the case which had come TO him to
Mr.. Reymert. Reymert also made an
investigation at Senator Nelson's re-
quest, it was believe, and afterward
gave t as his opinion that Brandt was
guilty.
Thereafter Senator Nelson tried to get
back from Reymert the papers he had
forwarded to him. it was said, but was
told that the papers had been lost in the
confusion of moving from one Office to
another.
Mr. Josephsson said yesterday that he
had received a letter from Senator Mel
son within the last few days, in which
the Senator repeated that from his pre-
vious investigation Of the case he was
satisfied Brandt was innocent.
New-York tribune., 1912-02-15

have left Omaha with his family about
two weeks ago. and his present where
abouts are not known.
New-York tribune., 1912-02-15

SUNDAYS NEW-YoRK TRIBUNE
Mailed anywhere in the United States
for $3.50 a year.
New-York tribune., 1912-02-15
"hlI Up 70 Mr.. Hand"

"Wili the hearings he holds bc public 80
tho Governor was asked
That will BE- entirely up 10 him yiH
make no recommendations" thc Governor
replied
This is a somewhat different attitude from
that taken by the Governor short time
sgo, when fse sealed tho papers and took
every measure 10 have the case made COM
pletoly and absolutely and pcrmanautly
private 10 felt that IN so doing ho was
shielding tho name Of woman. 1t was
said. although in RrsndJs application fo.,
pardon there WAS no mention Of any wont
an name, and whatever ~oferopco TO a
woman has come into IN" case has been
from othcr sources
The Attorney General has b"eu IN tro-
qnont conference With tho Governor to-jey.
The Governors attitude since Nv Carmody
took up tho affair has been entirety Gif;or-
snt from his position prior 20 tha. t'r'e
The change has been sc marksG and tho
efforts 70 got Brandt freed through oso"l-
tive clemcncy 50 vigorous ihat tboy .ro
regarded h"re as an attempt r9 thor 20 -,
trisve an original mistake on tho Gotor
nors part than Jealous goicItudc COY
Prandt a. an individual
New-York tribune., 1912-02-15
swedss Call Mass Meeting.

The United Swedish Societies an
notmced yesterday that arrangements
were being made for a mass meeting TO
be held OF the night of February 70, the
place 10 be determined later, to decide
what action they would take as body
with regard 10 the Brandt case. \ de-
fence fund for Brandt, started by the
organization and TO which contributions
running all the way from 81 TO 800 had
been received, amounted now 10 about
5000, Mr.. Josephsson said.
Detective Woolridge, the only witness
heard by the grand jury yesterday, put
into the official record, it was under
stood, practically the facts that have
become known within the last few days
as TO his work on the case.
The detective was close to a complete
physical breakdown while in the grand
jury room, it was reported. The mental
strain that he has been laboring under
affected him so that at times he was
forced to lean heavily on a table 10 keep
his feet, He came out with a strained
and hsggard look on his face, but said
no felt an immense relief on confessins
10 his part in the .andt case.
The record now shows his admission
that Brandt had no criminal record"
when he was arraigned before Judge
Rosalsky five years ago, His work on
the so-called report" on Brandt which
was made by him to Inspector Nc
serted vas the result of visit TO
an employment agency, was entirely
changed by his testimony yesterday be-
fore the grand jury. IT is known that
District Attorney Whitman, in his preyi-
Gus work on the case within the last
week, had obtained affidavits from the
proprietor Of the rloyment agency
and rom others mentioned as sources
of information in the old Woodbridge re-
port denying that they ever made the
statements attributed to them by the
detective.
Detectives Report Not Sworn TO.
Just what explanation Woolridge ad-
vanced yesterday for his previous state
ments made in the report TO McLaueh-
lin was not made public but that he
male a clean breast Of his work on the
case and the falsity Of his so-called re
port was evident from the fact this
District Attorney Whitman pointed out,
In response 10 questions concerning the
detectives liability to punishment TOR
perjury. that Woolridge had never sworn
to the truth of the statements in the re-
port.
His oath in the trial. Nr. Whitman
explained, was simply to the effect that
the report submitted to Judge Rosalsky
Was a true copy Of the report he had
made to the Inspector
The theory that was advanced thai
Woolridge's report was an utter farce
because he had simply signed a report
prepared for him by some one else was
accepted as the only probable explana.
tion he could have advanced TO the granC
jury. but az TO who had prepared th'
report nothing definite came out.
II was learned, however, from Wool
ridges story that there has not yet beer
anything to show conclusively what be
came Of the papers, documents and let
ters and the gold cigarette case whicl
were i'm Brandt's room when he was ar
rested.
Police Commissioner Waldo was II
New-York tribune., 1912-02-15
To Change Their Pleas To-day.

Both men declared later in the day
that they had not understood tho sig
nicanCe OF waving examination, as
| they did not have an attorney 10 advise
them. They expressed themselves as de-
sirous Of changing their attitude upon
rearraignment, which will take place to-
| day.
! Frank c. Webb, who appears TO have
| been implicated in the confession OF
Ortie McManigal was rcticcnt in SPEAK
! ing about himself. He said that he was
member OF Local 40 in this city, and
| that the first convention Of the "Interna-
/ tional' which he attended was held AZ
| indianapolis in 1907. He was a member
! of the executive board during 1908. he
said, and was still a member of the
| union.
He denied that he ever knew Ortle
/ McManigal or James b. Mcnamara
though he had known John ]. McNa-
mara. In his confession McManigal said
that Webb was his guide i'm causing eX-
plOsions around New York City, and that
they first met in September. 1909. The
rest OF McManigal's confession referring
to Webb is as follows:
New-York tribune., 1912-02-15
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New-York tribune., 1912-02-15
IRv telegram 70 Tho Tribune ,


Albany, Feb. l4.-Justicc Gerard having
| pointed out TO the Governor, as The Tribune
| showed this morning, that there were grave
doubts Of the legality of his becoming the
Governors representative in an investga
ton Of the Brandt case, the Governor to-
day revoked his decision and designated
Richard /. Hand He will come here to-
morrow for a conference with the Gov
ernor, and will receive from him all the
papers submitted TO the Executive In this
case.
This investigation. as Attorney General
Carmody has pointed out, will be far broad
er than the mere question whether Brandt
should be pardoned Seymour Van SAINT
voord, the Governors legal adviser, said
several days ago that the Governor. in taxi
ing up an appeal for executive clemency.
was at liberty TO hear anybody, or take any
kind of evidence or deposition which he
thought might have the slightest bearing
on the case in point.
The Governors commissioner under the
section of the prison law providing for his
appointment, is clothed with the powers the
Executive would possess in the matter.
Thus this inquiry probably will extend into
all the allegations Of jobbery and improper
influence In the action of the court. 1t is
the Attorney Generals idea, though 1t may
not be Mr.. Hands. that II should go hand
in hand with the Investigations of District
Attorney Whitman
The Governor received the following tel.
esram from Justice Gerard this afternoon: :
thank you for the honor Of appointing
mo to inquire Into the question of Brandt :
appeal for executive clemency. But, upoi,
examination OF Section 2s2 Of the prisan
law. ! am afraid that, as that section
gives a compensation an Office l. created
within the meaning OF Section 10 Of Article
. Of the constitution, which prohibits "A
supreme Court Justice from holding any
other Office
TO this tho Governor replied tonight:
have received your telegram of to-day
advising me of voIlr doubt that under Sec
you are qualified 10 accept the appoint
ment to conduct the hearing in the Brandt
case or course, 7 wish to avoid any pos
siblc question Of jurisdiction. and therefore
deem II advisable 10 accent vour COnclu-
sion. and ] have accordingly revoked your
appointment.
The Governor designated AEr. Hand. who
was in New York. by telephone, ard Mr.
Hand accepted the appointment AT once
The Governor ia making TN" announcements
also said that the lawyer would confer
with him hero tomorrow.