Norwich bulletin., 1912-02-22
Justice Gerard so Declares in Sustaining
Writ of Habeas Corpus
NO BURGLARY COMMITTED BY HIM
Court Declares this is Clearly Sho,Sn His Answers at His
Examnaton-Prsoner Now in Same Position as He was
Before His Trial-May be Retired but Attorney-Gen
eral Strongly Urges Governor Dix to Pardon Him

New York. FEB. 2i.-Except for five
years confinement lin prison, Folke
D. Brandt is tonight the same man In
the eyes Of the law as he was before
he was sent away on April 4, 1907, to
serve thirty years for burglary at the
home OF Mortimer Schiff, the banker,
where he once worked as a servant
The long prison term was broken to-
day by Justice Gerard OF the supreme
court with an opinion sustaining
writ Of habeas corpus.
Next Movement Uncertain.
The Young Swede remained locked
up in the Tombs tonight, but not as
condemned man, and with the assur-
arce that within 4S hoars he VIII be
released to await a new trial or what
ever occurs 10 clear up his remarkable
case. What other developments than
q new rial there may be were a mat
ter % some controversy tonight, but II
-as widely assumed that the hearing
before Commissioner Richard l. Hand,
appointed BY Governor Dix to hear
Brauit's application for clemency, was
now Of no importance as a factor in
Rrandf's effort for freedom, because
pardon. IL was held. could not be given
a man who stands uncondemned. as
Brandt does with only charges pend
ing.
Prefers Vindieation to Pardon.
Furthermore a pardon, Brandts
friends contended, would be less Of
victory than Brandt might win b.
new trial because the pardon would
not completely wipe out the stain Of
an odense. whereas II the indictments
against Brandt should be quashed, or
~ ne should be acquitted on trial, he
would be vindlcated in the eyes Of the
law.
Was illegally Condemned.
According TO records which Justice
Gerard read into his vOluminous opin-
Son TODAY Brandt. on March 2S, 1907.
withdrew an original plea Of not guilty
10 the indictment charging that he
feloniously broke into the Schiff house
IN the night time, arming himself with
q club and knife. and stole two pins
and shoe horn" and pleaded guilty. In
sentencing him a week later 20 thirty
ysars IN prison. Judge Otto A Rosal-
rfzy illegally coudmened the man, ac-
ccrding 10 Justice Gerard's opinion to-
dny.
Evidences Refuted His Plea.
TIE court held that the examination
q Brandt 81 the time that he was sen
tcnced tended 10 refute the plea to
chzrre % burglary in the first degree
because the prisoners statements were
. denial that he forced an entrance in
&c the Schif house. which must be
shown 10 establish burglary in the first
degree.
The questions and answers set forth
IN the ezaminatio holds Justice
Gerard. show that Brandt, whatever
ether crime he committed, did not
Trroak 10 enter within the meaning of
the Law. and show that the crime Of
burglary IN the first degree or in any
d-grec. vas not. in fact, committed.
Judge Should Protect Prisoner.
i bold chat when a defendant puts
IN q formal plea Of gui<y, that, when
n the Judge proceeds to swear the de-
fenGanl and learns from him that the
acts which he admits doing did not in
fact constitute the crime 10 which he
pleads guilty and that the defendant
I'D MOI in reality intend 10 plead gull
q 60 that crime. then the judge who
sits 70 protsct the interests Of the pris-
ener, as well as the state, is not jJsti-
ked IN accepting the plea and imposing
sentence. but is without jurisdiction
10 sentence . prisoner for crime
which IL Is plain the prisoner does not
pdnit that he committed and 10 which
b does not plead guilty.
Is Entitled 10 Relief from Stigma.
II Brandt was seutenced because he
was involved in a net Of verbiage and
pleaded guilty 20 a crime which his
examination a. the time OF his plea
showed BE- did not admit committing
Hnd old no, intend TO plead guilty to-
D. should u0t b. lelt 20 seek his rem
edy from executive clemency alone. He
fs entitled 10 a decision Of the court
relieving him from the stigma of his
mistaken plea
Committed 10 Await Trial.
NJ decision on this writ does not
- the prisoner free. The prisoner
mo Or may not he guilty OF the crime
charged in the Indictment and my de-
cisicn simply puts him in the same
position. except for the service OF q
sentence % nearly hye years, that he
Was M before sentence was Imposed
uuon him.
Tile wit IS sustained and the prig-
orrr resuanded to the Tombs subject
q an application Tor bail TO await
triai under the indictment for burglary
IN ne first degree
Will Be sailsd Out Friday.
Brsndt. it was decided this evening.
WM remain in the Tombs until FRI
day morning. Whep, by agreement be-
tween his counsel and District Attor-
nay Charles 8. Whitman. he will be
released on hsh. the necessary bond
being furnished by a surety company.
District Attorney Whitman said to-
uight that he would promptly confer
with Attorney General Carmody as TO
whether the state should appeal from
Justice Gerard's decision. and that he
would take no step until such confer
80 ans held