New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-05-12
70 FIGHT FOR BRANDT
Counsel Says Nothing Will Be
Left UndOne for Client.
MAY APPEAL TO GOVERNOR
nix Wrote to Schiff's Counsel
That if Decision Were Reversed
Investigation Would Continue.

ro,ke F. Brandt remained In the Tombs
..,,terdav while Mirabeau L. Towns, his
,.nror busted himself in preparation for an
,,,eaI 10 the Court of Appeals. He will
or rotice Of appeal on Monday and do his
~, 70 bring his case to the attention OF
.hs Court Of Appeals before the summer
recess.
oWe're going to fight this thing until
,tero's absolutely nothing left for us to DO"
said he yesterday
The unanimous decision Of the Appellate
n,yision recommitting Brandt into the Gus
,od, Of Warden Harry NJ. Kaiser, of Gin
ron County prison. in solving for the time
ing one Of the knotty problems in the
,s,ole Of litigation involving Mortimer L.
scbifs former valet has added another.
!, opinion prevails among lawyers that
prandt must so back Immediately TO Gin
,or prison 10 resume serving his thirty
var term for burglary I'm the event. Of
course. that his counsel is unable to get
hail for him pending appeal, but Mr.. Towns
said emphatically:
Notice Of appeal will act as a stay to
preyent his being removed to Dannemora.
This stay is absolute for thirty days. and
snpeal has been heard and disposed Of
Brandt's status is this: He must remain
in the custody Of the Sheriff for thirty
days. which Is the time allowed TO make an
appeal"
II is not considered probable, in view OF
the Appellate Divisions unanimous deci-
sion against him. that Brandt will be sue
cessful in applying 10 that body for bail
nendinz appeal In case Mr.. Towns's view
A. his clients status Is correct he will then
have the privilege OF remaining in the
Tombs for month. Otherwise he must
20 back TO DannemOra.
II was suggested by a lawyer closely as
ISOLATED with the case that II might be
wise on the part Of Brandts counsel TO
offer no objection TO the immediate recon-
initial Of the prisoner. but to apply for a
fresh writ of habeas corpus, based on
Judge Rosalsky's own declaration that he
had made a mistake in sentencing Brandt
on the strength OF his plea of guilty to
burglary IN the first degree. But in the
District Attorneys Office II was said that
IN all probability the Supreme Court JUS
tjce before whom such a writ was made
returnable would refuse to grant II on the
ground that Judge Rosalsky's opinions at
this time could have no bearing on the
validity Of his Judgment.
other possibilities, It was pointed out.
were an appeal to the Supreme Court OF
the United States and reconsideration by
Governor Dix OF the application for par
don. Brandt's friends will undoubtedly
urge both these steps If the Court Of APP
peals backs up the Appellate Division. Gov
ernor Dix halted the investigation into the
Brandt case before Commissioner Hand
pending settlement Of the habeas corpus
question Under date Of February p the
Governor wrote TO Alton B. Parker, coun-
sci for Mortimer L. Schiff, as follows:
Il, of course, expect and desire that the
state shall appeal from the decision or the
Supreme Court Justice Gerards decision
sustaining the writ of habeas corpus that
he, himself. had granted TO Mr.. Towns on
the application OF Martin f. Hubert a tax"
payer), and if that decision is reversed l
shall continue the investigation and ascer-
tainment Of facts before Mr.. Hand.