New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-06-22
BRANDT LOSES APPEAL;
MUST STAY IN PRISON
Court Of Appeals Affirms Appel
late Division in Ordering Him
Back to OannemOra.
HIS SENTENCE WAS LEGAL
Authority of Tribunal Which
Tried Former Valet Upheld
Gerard Erred in Issuing
Writ of Habeas Corpus.
10y Telegraph to The Tribunr.

IRv Telegraph to The TrihunoI
Albany. June CLEARING executive elem
cncy. the decision Of the Court of Appears
to-day affirming the Appellate Division IN
ordering Fulkc l.. Brandt, the former vale;
Of Mortimer l.. SrhiT back to CLINTON
prison leaves only one course open IN
Brandt to secure his freedom, according TO
Attorney General Carmody. That is ID
bring another habeas corpus proceeding on
the ground that the judgment under when
he was sentenced was set aside by Judge
Rosalsky. Mr. Carmody said that he has
been informed that the attorneys Tor
Brandt have already decided 10 bring such
proceeding. lie will oppose this, as he
did the first proceeding.
Tho Attorney General added:
Tho case now suggests this remarkable
condition: He t. held to be properly I'M
prisoned upon the writ OF hab"aS corpus
hut the judgment under which he was SEN
fenced has been set aside by the Judge
who rendered il. If the order 81 judge
RosalSky. setting aside tn" judgment 81
conviction Is valid, thou Brandt should De
discharged
Brandt ought 10 be tried upon one Of
the undisposcd indictments pending against
him The people have right TO kIio"
the truth about the Brandt case just WHAT
~" ~ ar'untI i ~ yu2, 80 Of thirty wears
was pronounced against nm
The investigation ordered by Governor
nj. -, -, Ia, picbard l. Hand IS
~ - A., o,,oi, th,
sun n0nulht. 81 WIS hd't'" " avn"
determination of the Court of Appeals IN
49,, ...ii,,,, inc, dociJ,d II could not
''' I'''''"''s '''' -, o.,
Dee learned here to-day Whethcr 'he "oN
crnor intends to have the inquiry continued
''"'' ''''''
OF not
Brandt was Scnien''u H'' S'd'H ~" -
thirty Years IMPRISONMENT for burglary In
r,a gci,o homo lilo was temporarily re-
the H'i'"' "''''' ~ Wv
leased ON writ Of habcaS corpus lssued pN
Irstiro Gerard Tho Court Of Appeals says
, -, - iy,,,irg tho r.rI,
duSu'" ''IaTu ''I'' III 'N'"'"h ''''
III" Npn""at" DIVISION ,upS'''"."..'
d'r'' brah'' '''"'" ~ i,,a,,.,,. -
nus '"'I'''h '''' .'''' ''''''''''''
"'"'N
Court Had jurisdiction
I'm an opinion by Judge Gray the rour;
says mat the record ID inc case SHOWS
wa. ,,'' ...-,.,,'a.,,u ,,,ttn..
''''''''
m .'i,.,....r ,Gn r,iso,,sr nlsadnd
guile and although his plea VIZ not with
drawn. the Facts appearing upon his exam.
,h'l"h u'i Inv ,I,,',' t,,. no
nrl. flrt ,,'lh which tho court below was
concerned was that NJ the jurisdiction. that
~ -" say. pm. pgn,' ~ so,,srrc
him n W.. NOT concerned with questions
ing- or 10 the suhiri"ncy ~ IN" facts &"
'sl...'sh ''' ''''' '' w. '''1 ~ VIZ
tn. question was not about bis guilt. II
was about ~" authority To pronounce inc
!tat'l'l' ~, ,r, 81. ,ro, 80 ,ot
guilty and had plcaded guilty and con-
,lnued to stand 1T the bar Of the court
,g.,.,, .', : ,ccr a ro,,yic,i"n nv tbe ver.
a., - ..,ry and, n not Withdrawn. re-
guir,d tho court 90 pronounce Judgment.
Judge Gray Saws that upon the record
and th. facts shown the writ Of habeas
,orpus should have been dismissed on the
ground nat Judgment had been rendered
b. q competent tribunal ~ criminal jurIs-
Htctnn
g., FL. hHd,,,
Ih" court granted me request "' now 'u
J. Cans. co"hs'' Tor MT. H'hlH' 10 "'' an
aihaaND denying ''I'aIh a'a'eH'en's '"a'0
. ir an a'H'aNn 'i 'ArI I'Srh"' fAhs'"'
lFanA' p '''"'' "''"''''' anu ~
part OF 'h' hI'"'' I''"'"' an" "''Hea
renect on '''"S ~ o''''''''''
/ afhda'in H'"''''' ' "'' ~ w
a. ',.'' ~
/ ''N'' '''
,,r,b,au J. Towns. attorney for Brandt
q, ST., rc,.,, ooh, for freedom said vester-
I,,. that no had fought the case for four
nth, aud was about ready for a yaca-