New-York tribune., 1912-01-25
FIGHTS BRANDT PARDON
M. |, SChiff'S Counsel Helps Ex-
pose ConviCt'S Record.
CANS SEES WHITMAN TWICE
Letter by Attorney Shows he
Was Prepared Long Ago to
Oppose Clemency.

While District Attorney whitman was
actively engaged yesterday looking ior
reasons why Governor Dix should
nardon Foulke Engel Brandt, who was
sentenced in April, 1907. to thirty years
in prison for robbing the house or Nor
timer L. Schiff, whose valet he had oeeh'
Howard s. Cans, attorney for MI
Schiff, was equally active. trying to pre-
vent the pardon being issued.
Rrandt. who was also known as Law
renee de Foulke, was discharged by Mr.
Scbjff early in 1867 for writing an in
sulting letter to Mrs. Schiff. He after
ward said that he had written the let
ter because he was in love with Mrs.
Schiff. On March 8, 1907, Brandt en-
tered the Schif home at No. 932 Fifth
avenue. assaulted Mr.. Schiff and got
away with jewelry valued at 500.
Three days later he was arrested IN
the Offices of Kuhn, Loeb & Co, or
which firm Mr.. Schiff is a member, and
was held in 5000 bail for the grand
jury
burglary in the first degree and for as
sault in the first degree. On March -
he pleaded guilty to the first indictment
and on April 4, following, was sentenced
by Judge Rosalsky to thirty years in
prison.
Brandt wrote TO Governor Dix three
weeks ago, asking to be pardoned on the
ground that he had pleaded guilty 10
the indictment against him to save the
name Of a woman, and because he had
been assured that he would not have to
serve more than year in Jail. Governor
| Dix at once called on District Attorney
| Whitman to investigate the case, and
! Mr.. Whitman made trip ten days ago
| TO Dannemora, where Brandt is held,
to see the prisoner. He said yesterday
| that he could not talk about the case
until he had made his report to the
Governor, and the investigation was not
| yet completed.
! Judge Rosalsky, who will indorse his
recommendations on Mr.. Whitman's re-
port, also said that he could not talk
until the report had been made TO Gov
ernor Dix.
I Cans Sees Whitman Twice.
| Howard S. Cans, who was attorney for
| Mr.. Schiff in the trial Cf Brandt called
on District Attorney Whitman YESTERDAY
morning and again yesterday afternoon
To- present reasons why the prisoner
should not be pardoned. In the records
OF the case in the Criminal Courts
Building there is a note from Mr.. Cans
to John Henneberry. who was private
secretary to District Attorney jerome
asking that Mr. Cans be informed if any
attempt were ever made to obtain exec
utive clemency for Brandt After his
last conference with Mr.. Whitman yes.
terday Mr.. Cans was asked If he had
been sent for by the District Attorney
and he replied that he had.
Asked why he had written the note tC
Mr.. Henneberry he said that as Brandt
had pleaded guilty TO the indictment the
records Of the case in the Criminal
Courts Building would not be complete
- knew that if a request for a pardon
ever came before another District At.
tcrney after Mr. Jerome's adminstra-
ton" he said, "he would not have all the
facts i'm the case. ! had all the records
and / wanted to know of any appica-
ton for a pardon so that | could furnish
ton"
When Mr.. Whitman was told what
Mr.. Cans had stated he said: Il did no,
send for Mr.. Cans. He came 10 see me
this morning and again this afternoon
This afternoon he said that he would
come again tomorrow with more evi.
dence. I will be glad to see any thing
Mr.. Cans has TO show"
II was said at the Criminal Courts
Building yesterday that where prisoner
pleaded guilty to an indictment and
thera was another indictment standing
against him j. was usual to quash the
second Indictment Brandts indictment
for assault bears this Endorsement.
"ApriI 4, 1907, the defendant sentenced
ON another Indictment This indictment
ders from the court"
Attacked Schiff in His Home.
who records the case show that
when Brandt, who was then twenty-one
years old, pleaded guilty TO the lndict-
ment for burglary he confessed to hav-
ing entered the schiff house by rear
basement door. He went 10 the house