New-York tribune., 1912-02-11
BRANDT CASE TAKES
WHITMAN TO CAPITAL
District Attorney Goes to Wash
ington to Confer with
Senator Nelson.
UNABLE TO GET VALET OUT
Towns Plans Upset by Illness
of Warden-Lawyer Rebuffed
at Albany Arraigns the
Governors Aide.

District Attorrey Whitman went ii Wash
iugton yesterday afternoon to confer with
Sc enator Knute Nelson. Of Minnesoa, about
the case OF FouIke z. Brandt, the former
valet of Mortimer L. Schiff who is 10 be
brought 10 this city from Clinton prison by
a writ of habeas corpus to determine the
legality OF the thirty-year sentence i'm
losed upon him by Judge Rosalsky for
burglary In the home of Mr.. Schiff in 1907
While Brandt was making vain attempts
10 get a parole some of his letters to the
Swedish consul in New York were sent TO
Senator Nelson. The latter. is is said, wrote
10 certain New York lawyer asking him
10 Investigate Brandts story. He received
such discouragtng reports that he dropped
the case.
The fight which District Attorney Whit
man has made TO bring 10 light the facts
Of Rrandt's crime and his sentence. despite
the refusal Of Governor Dix TO parole the
young man. has. It is said. set Senator
Eelsin TO investigating the case again. n
"a believed that Mr.. whitman's visit 70
Washington came about through letter
said O have been written to him last week
By Senator Nelson. The Senator declined
10 talk about he matter in washington
last night
The District Attorneys conspiracy hunt"
begins before the grand jury on Tuesday.
It's purpose is 10 determine whether Brandt
was the victim of a conspiracy when ne
nieaded guilty 70 breaking in and entering
IN. house of Mr.. Schiff. Mr.. Whitman has
.xpressed the opinion that the young valet
was railroaded to prison for a crime to
which he pleaded guilty but which he af-
efY tad hy fpSfi-
rnouy before Judge Rosslsky he did not
commit.
The conversation in the Tombs between
Brandt and a certain lawyer known TO
Mr.. Whitman and Senator Nelson, held
h.tore Brandt pleaded guilty, is believed 10
re- most valuable TO the District Attorney,
and Brandt, It is believed, wrote certain
things of value now 10 the Swedish Consul
These records. II is said, are in Wash
ington.
II was expected that Brandt would be
brought here from prison yesterday on JUS
Nee Gerard's writ of habeas corpus, out
III. representative Of Mirabeau L. Towns,
the attorney for Brandt's next friend,
could not obtain admission to the prisoner
because Of the alleged Illness OF Warden
Kaiser, at Dannemors. The difficulty was
s1irrnounted however by another quick
move or Mr. Towns's part. He went be-
fore Justice Gerard, in the Supreme Court.
about noon, and secured an order TO en-
ter the prison special train was char
tered 10 run from Plattsburg 10 Dame
mora, bearing Richard Vert Mr.. Towns's
representative TO the prison.
Mr.. Towns said last night he expected
Erandt would be brought out of prison to-
dav or early tomorrow. The prisoner viii
be remanded TO the Tonlbs, in this city
pending his appearance before Justice
Gerard for argument on the writ Tuesday
morning At 1870 o'clock
Mr.. Towns was a. trihe rufled yesterday
afternoon by what he styled "a rebuff"
sanctioned by Governor Dix When he
called the Governor on the long distance
telephone, Mr.. Towns saws, he was an
sEered by Eckford De Kay, the Governors
military aid, who wanted to know what
the hurry 10 see Brandt was all about and
why couldn't they wait until Warden Kais-
or got we'll When Mr. Towns explained
that delay was unnecessary, De Kay left
th, telephone and returned shortly with the
word that only Governor Dix could issue
An order 10 the warden.
III I mistake not" said Mr.. Towns con-
tinuing TO pay his compliments TO the ex-
ecutive force Of the state this is the same
De Kay that have seen in visions as Mars
md Ajax. defying the lightning. He is the
tame vision in gold plate and feathers I
have seen at various functions of the Gov
einor of this great Democratic state. Prob
ably De Kay still believes that this is a
military government, in which the rights of
civilians are subordinated TO the tinsel of
the tin soldier. He certainly is fine speci-
n'cr Of Mars and Ajax. but he won't long
defy the lightning that is striking the legal
machinery to release Brandt from illegal
confinement. in state prison a great SOL
dier is De Kay, who never smelled powder
eNcept upon his lady's cheek =,