The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-02-14
ROSALSKY GRANTS NEW TRIAL
Ignores Protests and Hccds Ex-Judgc
Parker as Friend of Court.

{ Ill fart ~. oi The Court Ol General SeS-
SONS begah ~ 2o5 y NJ Prey ious TO
he opening of court District ATTORNEY
Whi:man and GirGbeGu l.. Towns. CounS"l
fo" Brandt, hdd informed Iudg" RosAlsky
that III cuinranv win ht"rn'y- General
! Carmodv they had agreed with Supr"m"
Court .lustic" Gerard 20 G-k for . post
ronemeitt Of tn. mo',pn rhW ju6Ec
Eosalsky should vacGtr hi- former com
riitm.m and order new tr'4l
In. ATTORNEY -G"n"rai AID n" pistrir;
! tturEov believed with Mr. Towns 'ha,
il would y" only Co,irr"-y 80 jus, .C.
Gerard - wai, uni h" had decided rs 80
whe' her ,ho writ of hab"a- corpus should
-" suot aimed or dismissed hcfor" gong
ahead With other court proceedings
Furthermore 'hoy agrped 'ha' only jus
tiC' Gerard hal jurisdiction over Brand
and that any Proceeding before .'uis.'
Ku.al>kr would bs frui' less or invalid.
N.oruey-G"n"ral Carmody lrit IN"
habra~ "nrpI- hearing with III" distinct
iuudarst auiung iha' there woll u" no
hearing before lud.;" tus.',k' Dis
ltric, Attorney Whitman. realizing that
Rosalsky was powcrlr~> to 'ak" Brardts
ca" Ou' of the hands of u supreme Court
Justice, WIS satilis"d thai Judge Rosal-kv
would Wal, upon .lu-, @" tninrd'e ruling.
1ha Wa ia" aJ'iIud" o' Braud;'s own
counsel. Mr. Towns After 'dlking with
Juig" Rn-Lls,,v they vent INTO Courl
,unN III I'd thar JudG. Rusalshy would
agr"" 70 Il po~tpon"lEeut They Iai 10
idea thG' .iudg" Parker. reprcsentinS The
: SChln>. would aupea" III III" cas-.
When Judge Rosalskv took the bench
..nd surveyed an ovcrilowins cour, room
he found that there were pr"sen- ~ the
b lawyers table Mirabeau l.. Towns
l counsel Of record for Folke Engel Brand, !:
tlarerc" ! Shearn an adviser of Towns.
and Alton B Parker and Howard : Cans
there to represent the interests of MORT
rner |. Schih Judge Rosalsky addressed
n Jocular remark to awyer Cans. How
much money did they pay you. Howard;'
, ana proceeded to op"ir court n" asked
II N" District Attorney was represented
. Judge Whitman had held a whispered
conference with Judge Rosalsky on the
bench few minutes brior.N Then the
. District Attorney came into court.
! Nr Towns opened III" proceedings
hy saving that the motion for n vacation
o uf RosalNkvs former commitment and the
ordering of new trial Mas addressed To
NJ" Town. said ,hat knowing the attItud.
y Of the District Attorney he uldn't jwant
tn 20 into particulars then Judge Whit
man addressed the court and -Nplsn-
, what hi- attitud" wa> which was keeping
: IN" agreement made wan Juetice Gerard.
( He SaIu.
At tu' suggestion of H." court this
:. morning Mr. Towns and the Attorney -
! General and the District Attorney agreed
1 thar they would consent TO an adjourn
= ru-nt of tnis proceeding Untl such time
- a. the Justice in the supreme ourt would
pass upon the motions now hetnr. hm
Therefore | respectfully ask on ;hr part
Of ia" People III this case that ,hi. argu-
/. msnt. tu- argument of this motion and
IA this entire proo-"ding, be- ad Iourusti for
( at least "a week, If that meets with IN.
u court = approval
Judge Ro,alsky asked il there was any
objection to the District Attorney :
=, position. LAWYER Towns. for Brandt.
got up at once and told the cour, that he
10 had none He wished, h. SAID. TO afford
t the District Attorney or any one the
= fullest opportunity TO combat the as
- sumption that the court had been imposed
i on in committing Haudt to the peniten-
tiary.
Y Il am perfectly in accord" he said
y with the District Attorney. who has asked
n you 10 adjourn this motion
I MR.. PARKER READS scHIrFs LETTER.
q q Then Alton b. Parker arose 10 his TALES
E dimensions, He solved at once the prob
i lem Of why he was there He asked the
d indulgence of the comt for few minutes
n got it and made an address IN which he
y read 10 the court letter from Mortimer l..
: SchiT The letter denied that improper
', Influences had been used to ge. Brandt
y INTO PRISON and asked for the fullest in.
e ve.tisation, Judge Parker said that he
X wanted TO say just word" about the
e case and the attitude Of his client, and
- he could do it best by reading a letter
e he then presented this letter
!. My DEAR JrpGE PARKrE: have de,
= tcrmned to ask yon 10 appear on my behalf
q IN the proceedings in connection with the
- brandt case 80 tnat my position may he
d thoroughly understood and my attitude ht
is made clear
IT Tho facts are simple Brandt wrote a,
~ insulting letter TO my wife and was al ono,
y, discharged from my employ Aboat
g month later he entered my house AT nigh
and lay in wait for me IA a dark room \,
| entered the room and before ] realize,
II his presence or Il word had bscn spokeI
p lie struck mo on the head with heay,
~ tcnpn Ncar ~ hand he had a carvinl
e, knife lie had disconnected the electro
VI bells and had 80 prepared a sltIat ion wher,
- was apparently al his m"rCv, with NJ
49, chance, 10 summon aid
~ Whl" waiting for me h" had possossa,
n himself or Two articles Of ,cwclry. which h.
nj concealed and tooh away with him lh.nk
,y ing had an armed manlac to dcHl WITH