New-York tribune., 1912-02-24
BRANDT TO GET OUT
ON BAIL MONDAY
Said TO Have No Hope Any Long,
er of a Pardon, Dix'S Mind
Being Strongly Made Up
Against ClemenCy.
DECISION TO BE APPEALED
Whitman Says Former schiff
Servant Will Go Before Grand
Jury as Soon as He Is Free,
Following Filing of
Gerard Opinion.

TOliO wing @@AS
Gerard Opinion.
Folke f. Brandt, the former valet OIL
Mortimer L. Schiff, will be released from
custody on Monday, under bail of some
thing in the neighborhood of $4,000.
II was learned yesterday through news
Of the case that came from Albany that
Governor Dix had definitely and finally
turned down Brandts pardon applica-
flon. and the young Swede has nothing
TO hope for now from executive Glenn
ency.
District Attorney Whitman and At
torney General Carmody conferred last
night In New York over the question OF
appealing the decision of Justice Gerard
granting the writ of habeas corpus ana
remanding Brandt for a new trial and II
was announced that an appeal would be
filed Immediately.
After their conference District Attor-
ney Whitman said:
"The Attorney General and are
agreed that the indictment was illegal
the conviction was illegal, and, that be-
ing true. of course the sentence was IL
legal We feel. however, that there Is
a serious question of law which shoulo
be passed on by the highest courts OF the
state as 10 whether the writ of haoeas
corpus is the proper remedy. 1t is clear
lv the duty of the District Attorney, and
Mr.. Carmody agrees with rue in this. to
defend the judgments of the Court OF
General Sessions, II they can be defend
ed So we feel that it is the duty OF the
state to appeal from this order In order
that the highest court may pass upon
this most important issue
Attorney Generals Statement.
At this point Attorney General Car
mody took up the statement, saying:
"The principles underlying the writ
Of habeas corpus are very important and
should be determined as applying to this
case. The order not having been entered
and consequently not having been exam
ined by us. we are not in a position at
present to express an opinion as to the.
terms Of this particular ORDER
MIR. Whitman said that as soon as Jus
,ice Gerard signed his decision and the
order of the court is entered Monday as
was expected, Brandt would be admitted
n hail and his status would then be
. awaiting
trial.
'"Ar soon as this takes place" he add
ed. "he will be taken before the grand
jury"
Governor Dix announced in Albany
that h5 knew and appreciated the fact
that Justice Gerard's order had not been
entered when he declined to grant a par
don for Brandt on Thursday, but he
stated that he felt that he would prac-
tically be taking advantage of tech
nicality IL he had pardoned Brandt in
the time between the announcement of
the Gerard opinion and its formal entry
as an order of the court.
In spite of this. Justice Gerard will. II
is understood, hold back the formal entry
Of his order until Monday. which will
give the Governor to-day and tomorrow
as an extension of the time limit during
which he may take action. but 1t Is
practically assured. as much as anything
In this peculiar case can be assured, that
the Governor has finally made his deci-
sion and that under no circumstances
will he insue a pardon.
carmody Dissusted with Dix
Not the least interesting Of the news
that came from Albany yesterday was
that Attorney General Carmody. who
has assiduously refrained from any criti-
cism of the Governor, had let his close
friends there know that he had become
thoroughly disgusted with the Governors
vacIllatlon on the Brandt matter.
II was said that when Mr.. Carmody
conferred with Governor Dix on Wednes-
day, the day after the session of the
Hand inquiry in New York, the Gov
ernor appeared to be deeply affected by
the Attorney Generals explanation OF
the predcament i'm which Brandt was,
and seemed 10 be just on the point Of
announcing his decision TO pardon tbs
young Swede.
Mr.. Carmody urged the Governor, IL
was reported, that IL he were in the po-
sition of having only two more words to
say In his lifetime to let those two words
he pardon Brandt" Their conferences
was interrupted. and when the Attorney
General returned to the Governor, Il
matter of two hours later, he found his
whole attitude changed. and the final
outcome was a coldly worded ultimatum
from Governor Dix that he would not be
driven into pardoning Brandt. 1t was
asserted that In the interval the Gov
ernor had talked over the long distance
telephone with William f. Sheehan, IN
New York.
The friends of Mr.. Carmody say he
feels that his advice is being disregarded
by she Governor in favor OF the advice
o. the schiff lawyers.
In spite of this. however. IL was under.
stood last night that Mr.. Carmody be-
lleyed 1t TO be his duty to join with Mr..
Whitman In making an appeal on JUS
ticc Gerard's decision. Both the At
torney General and the District Attorney
resent the Governors attitude that their
ofticial duty compels them to file an ap-
peal They believe, with Justice Gerard,
ihat the indictment. the conviction and
The sentence OF Brandt were equally
Illegal and they point to the fact that