The Sentinel=record., 1912-02-14
ID REOPEN
 VALET'S CASE
RE-TRlAL OF NEW YORK BUR. GLARY CASE PROMISES SEN.
 SATloNAL DEVELOPMENTS.
imprisoned Man Alleges Re Was the Coat in the case--Alton B. Par. ker Represents Millionaire
 Client in Case -

New York. Feb. 13.-After serving nearly five years in prison for bur gary at the home oG Mortimer l.. Schiff. where he was formerly em- ployed a5 valet. Folk E Brandt may be tried aeaia 10 determine if he was guilty or the crime to which he con. fessed and for which he is under sen. tence to serve 90 years in prison
 Judge Rosalsl,y of the court of gen. eral sessions. who sentenced Brandt ordered today the withdrawal of Brandts plea of guilty and substitu- ton of a plea of not guilty for a new trial This action was taken two hours after Justice Gerard, of the su preme court bench. had reserved de- cisic0 on an application for Brandts release on a writ of habeas corpus with the comment that he was almost convinced" that the trial court had not had jurisdiction in sentencing Brandt on his plea, unsupported by evidence that Brandt had been re- manded to the Tombs to await Jus tice Gerard's decision when Judge Rosalsky ordered the new trial
 A feature Of today's developments was the appearance of Judge Alton B. Parker in behalf of Mortimer l.. schiff, who, he declared is anxious to have the ease sifted to the bot T0m that raise and infamous BCan. dals" might be proved untrue The complicate the unusual court proceedings. Governor Dix, who pre-. yiorSly refused to interfere in Brandt s behalf. late today appointed Justice Gerard as a commission to hear Brandts application for clemeney which was regarded as a move to take the case out of Judge Rosalsky's hands
 In granting the new trial, Judge Rosalsky made an impassioned state ment of his side of the case. declar- ing his record on the bench would bear the closest scrutiny. He had been moved, however, by bitter at- tacks to aid full and fair investiga. ton of the whole matter After granting the motion for a new triai5 he said he desired some other judge to try the case. The court ordered Brandt brought before him tomorrow for the withdrawal Of his original plea.
 The attitude of Mir schtTf as pre- scented by Judge Parker, in part fol- lowss
 here has never been a time since this mans conviction that Mir. schiff would not have injected himself in to an application for clemency based upon grounds of contrition and re. formation. Instead of that, accord ing to the reports, Brandt attempted to gai0 the sympathy of the governor and other officials by posing as martyr under the infamous sugges. ton nhat Brandts presence at my clients house was to keep an ap. pointment with one dearer than life itself.
 With an instinct natural to has bands or fathers, my client has felt like resisting the call ef el4le duty which demanded exposure of charges so vile and outrageous-bu he re. sisted no longer. He hopes now for trial that will enable the public to judge of the prisoners crime and affordlng him the opportunity of win. dicating his honor and that of his beloved wife
 Judge Parker read long letter from Mir schlff in whi4h be said Brandt wrote an insulting letter tc Mrs. Schiff aud was at once dlscharg- ed About a month later he entered my house at night and lay in wait for me in dark room. the letter con. tinues "As I entered tRs room and befofe 1 realized his presence, he struck me on the head with heavy ten pin Near at hand he had a carving knife.
 Thinking I had aa armed maniac to deal with. I argued with him, gave him money and got rid of him as best could and asked him to come te my 0ffice- When he came l had him examined by eminent alienists as I believed he was Of unsound mind The alienistg declared him sane and caused his arrest.