New-York tribune., 1912-02-14
ROSALSKY, FEARFUL, GlS
OWN JUDGMENT ASIDE
Judue Parker "SurpriSed al
Courts indulgence to Him" as
Counsel for M. L. SChltt.
WHITMAN RECORDS PROTEST
Brandt's Counsel, He, Carmody
All Agreed, He Says, to Post
ponement-Rosalsky Reads
His Report to Dix.

HIS Report TO DIX
The unexpected happened when the mo-
ton 10 set aside the defendants plea o.
guilty and reopen the case OF Folke Ensle
Brandt, former valet OF Mortimer H. Sch'"'
came up before Judge Otto A. RosalsKS' ~
Part " of General Sessions, yesteruay q"
ternoon. Following an impassoneu auuleS
from the bench in defence OF his actioh III
the case in sentencing Schifs man ser
want TO thirty years in state prison io'
burglary Judge Rosalsky granted the nv
ton Of the defendants counsel setuiis
aside the plea of guilty. the Judgmeh' "
conviction, sentence and commitment u
Brandt, and ordered that he be brought oe-
fore the court this afternoon for pleauihs
to the original indictments against hiih
The action Of the court was in direct con-
troversion Of the agreement, entered ih'o
earlier IN the day on an argument OF tne
writ Of habeas corpus before Justice &C.
rard. in the Supreme Court, when the DIS
trict Attorney. the Attorney General ana
Brandts counsel agreed to postpone the
argument OF the motion in Generai "1o
sions until decision should be rendered oi
the writ District Attorney whitman le
fused to appear on the record as cohse"'
ing TO the action Of Judge RosaisKy' anu
later characterized the proceedings as un-
precedented. and probably not "l'nih '"'
scope Of the jurisdiction of the court
Alton B. Parker, personal counsel for MT
Schn, appeared before Judge RosaiShy'
and, with the Indulgence OF the couil l.
stated his clients position In the ma"ei'
and said that Mr.. Schif had Withdrawn any
further objections 10 a speedy disposition
of the case In open court. lie sugseS''u
that a reopening Of the Judgment or con-
viction and the placing CT Brandt on uia.
Tor the crimes for which he was indicted
vos the course which his client hoped
would be pursued, If that were possible.
indulgence Surprises" Parker.
Judge Parker was evidently surprised at
the quick Indulgence OF the court In per
mttng him to take part IN the proceeo
ings. He said afterward that he had spent
two hours the night before In preparing an
argument TO convince the court why ne
should be permitted TO take part In the pro-
'Ceedings, and had come TO court expecuhs
a fight in that respect.
The official Endorsement on the papers IN
the case, which was made subsequent 10
the court proceedings, stated that the oasls
for granting the motion was ION consent OF
the complainant" At the request OF DIS
trict Attorney Whitman ii was speclncaily
noted in the Endorsement on the papers
that he had appeared and not consented
and had asked for an adjournment "on ac-
count of the pendency Of the proceedings
on the return Of the writ OF habeas corpus
issued by Mr.. Justice Gerard"
In reply to Judge Rosalsky's question IN
court that "1s 1t necessary Ito grant such
a notion where consent is given by the
witness Mr. whitman salu'
"I do not think IT is
Judge Rosalsky was on the verge OF
breaking down several times during his re-
marks from the bench in justification Of his
original action In the Brandt case. HIS
voice wavered with deep emotion and tears
appeared in his eyes, when he said, early
in his remarks:
'I believed at the time that the circum- |
stances in the case justified me in impos- |
ing the punishment which I did. have a
record upon this b,nch that defes those
that have been seeking to destroy Judge
that will compare favoraby with the rec
ord OF any man who ever presided In
court Of justice. AS judge of this bench
l have held the scales Of Justice evenly"
Judge Rosalsky read in full his recent
report to the Governor in regard to his
action in the Brandt case, saying that he
was sure the Governor would pardon him
for reading IT, but that he did so in order
to show the fairness Of the court in re-
plying to the executive communication on
the matter.