New-York tribune., 1912-02-12
BRANDT COUNSEL GET
TOGETHER FOR FIGHT
Vert Sees Towns, After Consult
ing Prisoner, Who Will Be
Brought Here Tonight.
NEW INCIDENTS REVEALED
Fellow Prisoners Say Ex-Valet
Told Them He Would Get a
Year on Plea of Guilty
Negro Seeks Freedom.

Assemblyman Charles ]. Vert, of Clinton
County. came to this city at 4:SO O'Clock
Yesterday afternoon and was in consulta-
ton with Mirabeau j. Towns on the case
OF Folke T. Brandt until after 10 O'Clock
last night. Assemblyman Vert has been
Mr. Towns's representative at Clinton in
the efforts to get Brandt out Of Dame
mora and bring him TO this city for the
hearing Of the habeas corpus proceedings
before Justice Gerard and the hearing be-
fore Judge Rosalsky in the application 10
have Brandts case reopened.
He brought with him yesterday the writ
ten authorization for Mn Towns to act as
counsel for Brandt and afiidavits that VIII
be used to show the discovery OF new evi-
dence sufficient to cause Judge RosaisKE
10 reopen the case The affdaVits tell OF
many occurrences between the time Brahu'
was held in the police court and ms sen
fencing by Judge Rosalsky.
Among them are two affidavits by GUS
Latham and Louis Bleir, who were prs
oners in the Tombs at the same time 'I'a'
Brandt was held there. Latham and BIER
tell Of conversations with Brandt in which
he told them that he had been promiseu
that he would not have to serve more thah
year in prison if he would pieao s""''
TO burglary in the first degree.
Another affidavit says that Brandt wrote
10 Mortimer L. schff from the Tomos on
March Is, 1907. asking Mr.. Schif to come
10 see him. Mr.. Schin did not come the
affidavit says, but Howard S. Cans ms
attorney. did. and afterward Cans made
the arrangements with the restaurant
which furnished meals to Brandt.
Mr.. Cans was asked about this last
night. but refused 10 discuss the Brandt
case.
Brandt Leaves pIsttsburg To-day.
Brandt will leave Plsttsburg for this city
! at 1920 o'clock this morning, and viii ar
rive here at $50 o'clock this evening He
will spend the night IN the Tombs. and
| after the argument before Justice Gerard
tomorrow morning on the application FOR
a writ OF habeas corpus 1t is expected that
he will be sent 10 Sing Sing TO await the
decision. 1t is understood that Justice
Gerard will take several days TO consider
the case and in the mean time Mr.. Towns
will GO ahead tomorrow afternoon with
tho argument before Judge Rosalsky for
;he reopenlng OF the case.
Assemblyman Vert, who was formerly
District Attorney Of Clinton County will be
with Mr.. Towns. both in the argument be-
fore Justice Gerard and before Justice Ro-
salsky. On the application for a writ Of
hsbess corpus Mr. Towns will argue that
the court did not have the power TO sen
tence Brandt for burglary In the first de-
gree, az there was nothing in the evidence
produced to show that such a crime had
been committed.
lie will say that when A. conviction has
been had and the jurisdiction on which the
conviction is based is questioned, tho court
on habeas corpus has the power 10 and
must go behind the commitment 20 sec n II
was based on iurisdlctional facts
Mr. Towns will not discuss before Justice
Gerard the question Of whether trickery
entered into Brandt's plea, but will con-
fine himself TO the record Of the proceed
inGs before Judge RosalsNy. He will show
from the record that Brandt first pleaded
guilty and then Immediately informed the
court, under questioning that he had done
none Of the things which were the founda-
tion for such charge
Under such circumstances, Mr.. Towns will
argue, the plea was invalid, and Judge Ro-
sasky had no jurisdiction TO commit him
for burglary In the first degree. lie will
produce several pTecedents for the Issuance
OF the writ, among them being a case in
the Illinois courts and two in the courts
Of this state
Negro Also Seeks Freedom.
Aro.hor coeo N he cited will ne that NJ