Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1912-02-22
BRANDT INNOCENT
IN EYES OF LAW
Prison Doors Opened for Him by
the Great Writ of
Liberty"
MAY BE RELEASED On BAIL
As He Stands Uncondemned with
Only Charges Pending, He
Cannot Be Pardoned,
Tis Said.
MAY Be RELEASED On BAIL

New York. Feb 2l--Except for service
OF five years In prison, Folke K. Brandt
is tonight the same man in the eyes
of the law he was before he was
sent away on April 4. 1907, to serve 20
years for burglary at the home OF Morti-
mcr l.. Schiff, the banker. where he
once worked a servant. The long prls-
on term was broken up to-day by Justice
Gerard OF the supreme court with
opinion sustaining writ Of habeas cor
pus. known as the great writ of liberty"
which opens prison doors whenever
court has condemned without power.
The young Swedc remained locked up
in the Tombs tonight. but not as a con-
demned man, and with assurance that
within about IS hours he Will be released
on bail to await a new trial or what
ever development occurs to clear up his
remarkable case. What other Develop
ments than new trial there IT .ght bo
We're tonight matter of some con
troversy. but 1t was widely assumed that
the hearing before Commissioner Rich
ard J.. Hand. appointed by Governor
Dix to hear Brandt's application for
clemency, was now of no importance a-
a factor in Brandt's fight for freedom as
n pardon. it was held. could not be given
to man who, Brandt now does
stands uncondemned, with only charges
pending Furthermore pardon. Brandt's
friends contendcd, would be less of
victory than Brandt might win in
new trial as the pardon would not COM
pletely wipe out the stain of an offense
whereas If the indictments against
Brandt are quashed or If he is acquitted
on trial he will br vindicated in the
eyes Of the law.
DECISION CLIMAX OF CASE.
Justice Gerards decision to-day brought
to "A climax case which has had the
absorbed attention of the New York
public for Il month, which has brought
eminent counsel into court and which is
still a matter of grand jury investigation
with a view of determining II there was
conspiracy in the sending Of Brandt to
prison for SO long a term,
| According to records which Justice
Gerard read into his opinion to-day,
Brandt on March 2S 1897, withdrew an
original plea of not guilty to the indict-
ment charging that he feloniously broke
into the Schif house in the night time,
arning himself with a club and knife.
and stole two pins and a shoe horn" and
pleaded guilty. In sentencing him a week
later to 80 years in prison. Judge Otto 4.
| Rosalsky illegally condemned the man,
according to Justice Gerards opinion
to-day.
The court held that the examination of
| Brandt at the time that he was sentenced
tended to refute the plea to "A charge
Of first degree burglary. the prisoners
statements were in denial that he forced
entrance to the Schin house which must
be shown to establish burglary in the first
degree.
THE questions and answers set forth
in the examination" declared Justice
, Gerard. show that Brandt whatever
other crime he committed did not break
to enter within the meaning Of the law
and showed that the crime of burglary
In the first degree, or in any degree was
not in fact committed.
HOLDS JUDGE NOT JUSTIFIED.
, II hold that when Il defendant puts in
a formal plea of guilty that. then If the
Judge proceeds to swear the defendant
and learns from him that the acts which
he admits doing did not In fact constitute
, the crime to which he pleads guilty and
that the defendant did not in reality IN
tend to plead guilty to that crime. then
the Judge who sits to protect the interests
Of the prisoner, az well as the State is
not justified in accepting the plea and i'm
posing sentence but is without jurisdic-
. ton to sentence a prisoner for crime
which it is plain the prisoner does not ad-
nit that he committed and to which he
does not plead guilty.
"If Brandt was sentenced because he
was involved In a net OF verbiage and
pleaded guilty to a crime which his ex-
animation at the time Of his plea showed
he did not admit committing, and did not
intend to plead guilty to. he should not he
left to seek his remedy from executive
clemency alone. He Is entitled 20 de-
cision of the court relieving him from the
, stigma Of his mistaken plea
MY decision on this writ does not set
the prisoner free. The prisoner may or
may not be guilty OF the crime charged in
the indictment and my decision puts him
in the same position. except for the serv-
ice OF sentence OF nearly five years.
that he was In before sentence was i'm
i posed upon him.
THE writ is sustained and the pris-
oner remanded to the Tombs subject
to an application for bail to await
trial under the Indictment for burg
y larry In the first degree"
v BAIL FOR BRANDT FRIDAY.
0 Brandt. il was decided tonight, will
I remain in the Tombs until FRIDAY v
: morning. when, by agreement between
h his counsel and the district attorney.
b he VIII be released ON bail, the neces-
A sary bond being furnished hy surety
company
District Attorney Chas, ). whitman
) SAID Tonight that he would promptly
hold conference with Attorney-Gen- 70
eral Carmody as to whether the state
should take an appeal from Justice
Herard's decision and Mr., whitman
added that he would take no steps un-
= IN such conference
Asked as to the status Of Commits
I sioner Hands Investigation. the dis
ktricf athCruov aaNA thA GovernOH Kan.