New-York tribune., 1912-01-28

we VIII SNOW IL IL VIC ii' ~
Mr. Cans.
"That letter will never be made pub
lie" Mr.. Cravath put in.
'Win the hearing in. Albany be open
was asked,
THAT letter will never be prOduceu at
a public hearing" Mr.. Cravath SAID.
This letter is the one part OF the eVl-
dencc in the possession of Mr. Cans tna'
has not been put in the hands OF DIS
trict Attorney Whitman. 1t was not
until after Carl Fischer Hansen had
bcen before the District Attorney that
ne knew of the letter. Mr.. Cans had
then been twice to Mr. Whitmans Office
10 present evidence against Brandt On
Mr.. Gans's visit on Friday he was asked
about the letter, but he did not produce
il. Mr.. whitman will include in his re-
mort OF the case to Governor DIX TWO
anidavits by Carl Fischer-flan
chester \. Bayles, Brandts first at
tcrncy. has made no affidavit to the DIS
tritt Attorney. but Mr. Whitman has
statement by Bayles. Bayles tod Mr'
Whitman that Brandt told two stories, in
the second of which ne said that robbery
was his motive i'm going to the Schiff
house lie refused to make an aiitdavlt
in regard to Brandt's stories, as he said
that 'hcy were the communications OF
client to attorney, and If he made an
affidavit I'm regard to them he mign: be
subject 20 charges before the Bar Ass0-
citation.
Complete Records in Report.
Besides the af1davits he will present
Of those who gave their testimony before
him Mr.. Whitman will include In ms
report .he complete records In the case
both the records of the proceedings be-
fore Judge Rosalsky and those II the
magistrates court. where Mr. Wh'tmah'
then a magistrate. presided.
The records in the higher court sho"
that Brandt was arraigned on March 20
1907. before Judge Rosalsky on an lhulcI-
ment charging burglary in the first oe-
gree. He pleaded not guilty. On uaicii
90 he was arraigned again a9G PLEADED
guiltv. The records do not sho" lildl
the plea Of not guilty was ever WIN
drawn.
The records I'm the magistrates court
show that Brandt was arraigned oeio'e
Whitman on March II, charged VII"
attempted homicide. and waived eXam'-
nation. This hearing took place alter
court had closed for the day ana WIS
held i'm the judges chambers. Inc
record does not show that any
LAWYER appeared for Brandt. Mr. WHIT
man saws that on a telephone messdse
that prisoner was to be brought De-
fore him he waited in his chambers ana
that MIR. Cans, Mortimer l.. Schiff and
two policemen came with Brandt Inc
complaint was sworn to by Mortimer H.
Schiff.
Detective Albert Thomas, now at
tached TO the District Attorneys Once
but who was then Whitmans probation
officer. saws that when Brandt was
called on to plead to the charge he re-
Piled: MY lawyer speaks for me- ana
pointed to MIR. Cans.
Mr.. Cans Indignantly denied yester-
day that he had ever acted for Brandt.
Il was Mr.. SChif's attorney he said
Yesterday. IL could not act for Brandt
He vas in the magistrates court twice.
and each time he was represented by
BayIes. on the day he was arrested
the case was adjourned for two days.
Two DAYS later he waived examination
and was held for the grand jury
The record shows that Brandt had ii
SECOND hearing on March l., 1901, after
waving examination the night before,
and again waived examination and was
held in $1,000 bail for the grand jury.
The record does not show that Brandt
had an attorney on either March IL or
March IL, 1907.
Bayles says he became Brandt's at
torney while the prisoner was confined
in the Tombs; that another prisoner, a
client of Bayles, recommended him 10
Brandt. and that he thus became
Brandts attorney
Detective Thomas's testimony will be
included in Mr.. Whitman's report to
Governor Dix.
District Attorney Whitman's report
will be sent to Governor Dix by special
messenger on Monday, and Mr.. Whit
man will go to Albany on Tuesday to
argue the case. 1t is understood that
the report will say that Brandts plea Of
guilty was given under misapprehen-
sion of the situation or mistaken
understanding of the law in the case.
Mr.. Cans will go to Albany TO present
the evidence against a pardon being
given to Brandt. Mr.. Cravath said
yesterday that he would not so to Al
bany, but it is hoped that ex-Judge
Alton b. Parker will be able TO go to
Albany and make an argument against
a pardon.
Armed Himself and Waited.
In the confession signed I'm Mr.. Schiff's
ofice--a confession the truth Of which
Brandt now denies-the former valet
says he went to the Schiff house because
he was out of money, hungry and des-
perate He at first intended TO go to the
front door and ring the bell, but fearing
that he would not be admitted. obtained
entrance by the servants entrance. In
the basement at the rear. He left his
shoes in the basement and went to Mr.
SChiff's dressing room, on the second
floor taking with him tenpin and a
carving knife.
Brandt says that he took two stickpins
from Mr.. Schiff's dressing table, put out
the light and waited. This was between
Z and q o'cIock Al 1910 bo hoard +be
front door bell, and supposed that Mr.