New-York tribune., 1912-02-10
BRANDT GETS OUT TODAY
Continued from first page.

OF HlHlldtlOHS covers period OF Two
years. Woolridge submitted his report
nearly five years ago. The District At
torneys only comment on the talk he
had with Woolrldge was that his testi-
far more important than any charge
that might be brought against him.
Carl b. Sampson, head of the Swedish
Employment Agency, No. Il2 Fourth
avenue, wrote to the District Attorney
yesterday denying that Brandt had OBJ
he had recommended Brandt to Mr..
Hodges at No. 30 East 10Th street, as
was stated in Woolridgo's report.
DenisIs Keep PiIng Up.
Augusta +. Johnson, who conducts an
employment agency al No 906 Sixth
avenue. also wrote 20 Mr. Whitman
yesterday denying any knowledge Of dis
honesty on the part of Brandt while he
was employed as second footman in the
home Of Mrs. W. II. 3. Hoffman. No. 81
West 51st street, where he found en-
Charles p. Williams, of the Ritz-Carl-
ton Hotel, who has summer home at
Stone Ridge. Stonington, Conn. has also
written a denial to Woolridge's report
that Brandt was discharged from his
service in Stonngton for dishonesty.
Yesterdays developments indicated
that Brandt will he busy Tuesday for
man just out Of prison for the first time
I'm nearly five years. His engagements
for the day call for his appearance be-
fore Justice Gerard in the Supreme
Court at 1O:30 o'clock in the morning.
The motion Of his counsel for opening
Judgment in his case before Judge Ro-
salsky I'm General Sessions calls for his
presence there. while District Attorney
Whitman's John Doe" proceedings be-
fore the grand jury seem TO necessitate
his appearance as a witness before that
body.
Towns to Cite Similar Cases.
The writ and the motion to open judg-
ment are not related. II Judge Rosalsky
denies the motion to open judgment and
Justice Gerard sustains the writ Brandt
will be in the position of any prisoner
In the Tombs awaiting trial. Mr. Towns
points out that the writ being sustained
Brandt will be in the position of man
| under indictment who hasn't been trled
and who has not been confronted by the
witnesses against him in court. Mr.
Townss argument will set forth similar
cases throughout the country IN wnich
the denial OF a writ of habeas corpus
violates three provisions OF the Cohstilu-
tion of the United States and one pro-
y,sion Of the constitution of New York
| State.
A similar case that will be cited Is
that Of the People VS. Fletcher. 80 MISC
779 The defendant was convicted Oh
raceiving a Stradivarius violin said 10
have been stolen from Professor Jean
| Bott. On its being discovered three
wears later that the violin had peen
found under circumstances which smut
o,,t the possibility of Fletcher having
II in his possession at the time OF MS
arrest a motion for a new trial was
made before Recorder Goff and granted
with this opinion:
"The purpose of the administration OF
the law Is justice. That is the object
which all its rules and provisions are
designed to accomplish. 1t is always
in order 10 do justice. To grant new
trial under proper restrictions as TO eVi-
dence newly discovered is one Of the
beneficent means. Each case must be
Judged on its merits"
Causes Plea To Be Changed.
In ordering the substitution Of plead
| ing 10 a lesser crime, Judge CRAM III
conoraI Sessions, called attention yes
tordav 10 a case which ION all fours'
involves the same point Of law as tnat
of Brandt Arthur Kirkby. twenty-five
wears old. of No. 303 West 1lth street
nIeaded guilty to burglary in the third
daeree and then testified that he entered
tho house of his brother-i -in-law, Harri-
son Burnett, No. 100 Waverley Place,
through doors that were opened TO hin
bv servants. He confessed to stealing
S315 worth Of jewelry from Burnett.
Judge Grain ordered Mr. Delehanty.
Assistant District Attorney, to accept Il
substitute plea of grand larceny in the
first degree. which is a lesser offence.
II never take plea Of guilty unless
man fairly, squarely and understandingly
confesses his guilt to the crime charged"
said Judge Grain
Albany, Feb. 9.-Governor Dix declined
tonight to comment on to-day's develop
ments in the Brandt case. He said last
NIGHT that So far as he was concerned the