The Bridgeport evening farmer., 1912-02-13
NEW TRIAL SEEMS SURE
 FOR BRANDT
Schiff'S Former Valet, After Ar rival From Prison Today, Hur- riedly Taken to County Court house
 Justice Gerard Orders Pro- posed Grand Jury In- quiry Held Up Await
 ing His Decision

New York, Feb 1S-Folke E. Brandt, former valet of Mortimer L. Schiff, millionaire banker, is expected to get a new trial and the charge of burglary to which he pleaded guilty and was sentenced to 30 years in prison, five of which he has served, will have to be proved in open court. This was definitely indicated by Justice James w. Gerard, today, when at the close of a habeas corpus hearing, in which the legality of BTandt's sentence was questioned, he announced that he was about convinced Judge Rosalslxy, who sentenced Brandt, did not have Juris>
 diction.
 In reserving decision on the appli- cation, Justice Gerard ordered all other proceedings contemplated, which included the grand jury investigation of the charge that Brandt was rail roaded through conspiracy" ant that Judge Rosalsky reopen the case. held up until his decision is announc- ed.
 ''The argument of MT Towne. coun- sel of Brandt, and the statement of the attorney general. that there was a question of the Jurisdiction of the court of general sessionS,'' said Jus tice Gerard, have gone far to con- vince me that there is reason for this sentence being set aside. Decision is reserved and I suggest that. until il is handed down, all other proceedings contemplated in this case be deferred al it is likely some of these, at least, will not be needed
 Mrs. W. K. Vanderbilt ST., was a prominent witness of the proceedings. occupying a seat within the enclosure usually reserved for members of the bar.
 New York, Feb 1s-Extra ordinary precautions were taken today by the State prison auth critics to keep FoIke F. Brandt. the former valet of Morti-
 
 with anyone, especially reporters. Brandt was brought down from Sing Sing prison, where he was sequestere over night by the direct order of State Superintendent of Prisons Colonel Jo- seph Scott, presumably acting under orders from Governor Dix Hand cuffed to State detectives, Brandt was ts;rried to the county courthouse. first appearance before Justice James w. Gerard in response to the writ O. habeaS corpus
 Although showing the prison pallpr. the young valet, whose case promjses to develop the worst political and tu- dfcial scandal in the history of the New York courts was in excellent health. He plainly wanted to talk but the State detectives waved aside all inquirers.
 Attorney General Carnody repre- 1 scented the State at the hearing. Be- fore coming to court, he was e'oseted ! with District Attorney Whitman and ] discussed with him all of the known i facts in the case. Brandt was rep by Attorneys Towne, Osborne !! and Shearn, the former being the at | torney of record retained by Brandt's | friends in the New York Scandini,v- | ian Society.
 Attorney General Carmody took the | position that the courts now have no | jurisdiction over Brandt, inasmuch as | he has already served five of the 30 | year sentence imposed by Judge ! 
 The habeas corpus proceedings did | not touch on the guilt or innocence of | Brandt. It was granted by Justice | Gerard on the allegation, made in the | affidavit by Brandt and supported by | counsel, that he CBrandt) was con 1 fined in prison, deprived of his liberty, | ty year sentence was characterized as excessive for a first offender and the | court was asked to review the record Of his trial and decide whether the | conviction should not be set aside and | Brandt remanded for a new trial
 Counsel for the valet argued that the record showed concIusiveIy that Brandt did not plead guilty to bur- glary in the first degree. They said | that the record showed that the valet claimed he entered the house by the servants entrance, which was not fas- have forced an entrance, which he would have had to do, were the crime of first degree burglary to lie. The counsel read the stenographic trecord of the proceedings before Judge RosaI- sky, in which the valet told of going after putting on a dressing gown, sit ting down to await the banker. This, they said, absolutely disproved the first degree burglary charge.