The citizen. (Honesdale, Pa.) 1908-1914, 1913-01-24

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In the pardon of Foulke Engle |
Brandt, young man who had served |
six years Of thirty year sentence for
burglary, Governor Sulzer of New York
established precedent of great impor-
tance in his state. The effect is to
mark off clearly the relative gravity of
a first offense and the degree Of pun
ishment deserved for a certain sort of
crime.
In effect the pardon is widely believ-
ed to have purged New York's records
of a great judicial injustice which
would have given rise to possible fu
ture injustices. The principle set for
ward was that thirty years is an out
rageously excessive penalty for the
first offense of young man like
Brandt in view of the fact that the
most hardened criminal with unending
felonies to his credit could not have
received a longer term.
Brandt was convicted of robbing the
home of Mortimer L. Schiff, with
whom he had formerly been employed
ecutive clemency he protested inno-
cence and uttered scandalous story.
In his final petition the young man
confessed guilt in the most abject man.
ner, retracted his scandalous state
ments and merely pleaded that his
sentence was too long.
Senator Nelson Benefactor.
Senator Knute Nelson of Minnesota
had been enlisted to aid the young
cOnvict's plea for pardon, agreed to
get Brandt a job among good people
in Minnesota, pay his expenses there
and see that he had another start in
life. Brandt left with the senator,
earnestly promising to be honest and
upright in future.
Foulke Z. Brandt, or Lawrence de
Foulke, as he sometimes called him
self, was employed by Mortimer l..
Schiff, the son of Jacob Schiff, at his
country place at Oyster Bay in the
summer of 1906. He was discharged,
but was later re-engaged and remain
ed in Mr.. Schiff's employ until Feb. IL,
1907, when he was again discharged
on the ground that he had written an
impudent letter to Mrs. Schiff.
About month later he entered the
Schiff home, at 932 Fifth avenue, and
later was accused by Mr.. Schiff of as,
saulting him with ninepin. After
parleying with his former servant Mr..
Schiff made an appointment with him
at his Office. When Brandt went there
two days later he was arrested. He
was charged with assault in the first
degree and with burglary, it being
| alleged that he had forced an entrance
into the house and stolen jewelry val
ued at 5000.
Brandt was represented by Carl
| Fischer-Hansen, who was later con-
| victed of crime, served a term in the
penitentiary and was disbarred. How
ard Cans, a former assistant district
attorney, was in charge of Mr.. Schiff's
! interests.
Brandt pleaded guilty to the bur-
| glary charge and was sentenced by
| Judge Rosalslly in the court of general
sessions to serve thirty years, the
maximum sentence, in state prison.
He was twenty years old at that time.
His Efforts For Freedom.
Brandt went to Sing Sing and later
to Dannemora, where in 1909 he began
his efforts to gain his freedom. He
appealed first to Senator Nelson Of
Minnesota, who requested the Swedish
consulate in New York to take up the
matter. Other interests were enlisted,
| tp
Dix in 1911, who finally appointed
Richard Hand as commissioner to hold
hearings and report on the appeal for
pardon.
Brandt enjoyed a few weeks of lib
erty under writ granted by Justice
Gerard and then spent several weeks
in the Tombs after the order had been
reversed by the appellate division.
The case was carried up to the court
of appeals, which decided last June
that the court in which Brandt was
tried had jurisdiction.
The charge that Brandt had been the
victim of a conspiracy and that there
had been many improprieties in con-
nection with his trial and conviction
was placed before the grand jury by
District Attorney Whitman. After an
inquiry that lasted nearly two months
the grand jury failed to find indict-
ments.
The grand jury did, however, write
a presentment in which it found that
Brandt was a thief, but not burglar.
Judge t. @. t. Grain refused to accept
tho nrAaAntmant