New-York tribune., 1912-02-25
Asks District Attorney for Pro-
lection, and May Go to
Minnesota to Await
Trial.
FIGHT MAY LAST YEARS
Former Valet Will Go Before
Grand Jury on Tuesday, and
Later Three Indictments
Will Be Returned-Law-
yer to Tell Story.

and issues pardon for Folke f. Brandt
the machinery of the law will release the
former valet of Mortimer l.. Schiff from
the Tombs at II o'clock tomorrow
morning. His status will be that Of
man who has never been convicted in
the courts. He will go before the grand
jury on Tuesday. The grand jury will
return three indictments. The police
officials who have appeared in the case
will not be indicted.
Brandt VIII testify to promises made
to him by Mortimer L. Schiff and How
ard S. Cans. He will say that Howard
S. Cans saw him several times in the
Tonnbs, and told him his sentence would
be for only one year If he would plead
guilty. and that his case would be heard
before Judge Rosalsky. He will corrob-
crate the testimony already given by
John P. Rogers. the Pinkerton detective.
and will say that when he signed the
confession in the office of Mortimer l..
Schiff he thought he was signing a re-
oeipt for the $50 already given to him by
Mr.. Schiff and for q further sum of
money TO be given to him 10 establish
himself In business in Sweden.
Carl Fischer Hansen will go before the
grand jury tomorrow and testify 10
conversations with Brandt in the Tombs
He will say that Brandt said he had
been visited by Howard S. Cans several
times and that Cans had told him he
would have TO serve only one year.
And everything is all right he will
testify Brandt said. He will also say
that Brandt said the reason Fischer
Hansen was called in was because it
would look better If he had lawyer"
Dix Has Nothing to Say.
Governor Dix came TO New York last
night to attend the dinner of the Amen
Corner at the Waldorf. He said he had
nothing to say on the Brandt case or
any other subject. Commander Eek
ford De Kay, his military secretary,
said: The Governor will not discuss
the Brandt case, but can say for him
that he has not changed his mind.''
Justice Gerard was asked yesterday IL
he had any reply to make to the state
ment Of Governor Dix that IL would be
taking an unfair advantage Of a techni-
cality TO pardon Brandt because the
decision in the application for writ Of
hsbeas corpus had not been filed.
1T is absolutely absurd" he replied.
ito say anything else than that the de-
cision is not yet legal"
Mirahn1t,
Brandt, will appear before Justice Ger
ard Tomorrow morning after the de-
cision has been signed and filed with
the order for the prisoners release 1t
has already been arranged that the Ma
tional Surety Company will furnish a
IS expected that Brandt will be once
more q free man.
Strangely enough. as it would seem,
however, he is not anxious to leave the
Tombs after his long term in prison. He
is afraid of another police "frame-up."
lie told Mr.. Towns and District Attorney
Whitman yesterday that he would rath-
er stay in the Tombs or 20 TO the House
of Detention or go 10 live with Mr.
Whitman.
Don't turn me out on my own re-
sources" he begged THE police made
a false report on me before, and / am
afraid that they will get up another
fake case on me before have been out
a week 1t would be easy enough for
them to drop a pistol in my pocket and
arrest me, or arrest me on a charge of
speaking to a woman on the street"
Agrees to Protect Brandt.
The District Attorney promised to pro-
vide protection for Brandt from his
staff, but he does not know how long ne
can keep 1t up, as there is no appropri-
alton TO provide for such a contingency.
Brandt has said that he will do any
thing Mr.. Whitman wants. and he has
promised not to accept any theatrical
oHers. II mcy be, however. that he Will
nave TO be taken care of in some way
ior couple of years. Senator Knute
nelson OF Minnesota. has agreed to lend
ms aid, and it is probable that Brandt
VIII go to Minnesota, pending the final
decision in the habeas corpus proceed
ings.
Inc night over the writ of habeas cor
pus may last for two years. and 1t is
considered likely that the final decision
giving Brandt freedom or returning him
70 Dannemora to serve the remainder
OF his thirty-year sentence will come
from the Supreme Court Of the United
states The appeal from the decision of
justice Gerard viii be taken in few
days. District Attorney whitman and
attorney General Carmody are now
working together on the papers
The earliest the motion can be heard
by the Appellate Division is March %,
and an adjournment, which is usually
granted. would carry the argument over
70 April T. The decision OF the Appel
tate Division could not then be expected
before April 10 or 20. Another appeal
10 the Court Of Appeals would follow.
ana II would be the last OF May or the
urst OF June before the case would be
reached in this court As the summer
vacation would intervene, the decision
would not be handed down until the
October term.
Ar. Towns has said he would take the
case 70 the Supreme Court OF the United
states II the Court of Appeals reversed
justice Gerard II would be January,
1913 before the case would get to the
supreme Court, and Il would not reach
Continued ON second page.