The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-02-11

agems contemplating skilful Use OF the
telephone were puncturcd The rival
iorces camped late Friday night in zero
weather without the walls of th" prison.
Mr. Towns'e nmissaries on the north
west corner. Mr. Osborne's on the south
west
So II went until early vesteNiay morn
ing. when the State heganto sizz with long
distance telephone calls The effort by
10th PARTIES was to reach Cot Scott. Gov
Dix. political leaders ANYBODY with in.
6uenca strong enough to open The door of
Brandt's coll 10 u lawyer Nlr Towns
called mp the Governors Office. chattcd
warmly with Commander EcIord {.
de Kay. the Governor = very military
secretary. and came out Of the booth with
his cheeks burning tho maddost lawyer
in New York Getting at Col Scott was
the puzzle Of tha day The reports had
him resting in three or four inetitut ions
tor the erring And all The time The guards
of Clinton wer. replusing the lawyers
agents
Cor Cornl oRptE ~ Last
FINALLY ~ II O'Clock YESTERDAY morning
NJ Towns located col Scott AZ Sing Sing
and talked p,th the prison superintendent
over the phone NJ. Towns was con-
tidersblv heated lie wanted TO know
nv what right Asspnlh,vnau Charles X
Vert of Plat -burG hi- repres"n tat i've
IN Dannemora was excluded from the
prison when he went there to talk 20
Brandt a. a lawyer. cot Scott gsk.d
nov he was TO know whom Wort rapre-
-ented Nr Towns told ihe Cooncl
fuently Finally cot Scott suggested
as the onlv WAY ont OF tho tange thar
Mr. Towns 20 before = Justice Of the
Supreme Court and get au Orda- directing
the Superint end.n' or Prisons 10 admi;
4 lSwvsr repre-artin: MIR Towns 10
Brandt Nj Towns thought that wa
fine idea. - he hurried over TO JustiCc
Gerard chambers and asked the jus
tice for an order Towns based tha re-
oUes- largely on this
II j. material and necessary that
should have G"' rise upon -aid application
1.-The application to Judge Ro-a-ky for
q new trial. the f'idiv,t ot SAID Brand,
concerning certain occurrences hctwcen
his original arraignmeni IN the police
ootir' and the passing of sentence upon
him in orier To supplement the testi-
VnOr1N tlTfdlN l'l manu- lilHI Il~ Ilst tl
hurslary IN the first degree was the re-
~uh Of an arrangement not disclosed TO
the court and was made through igno-
rance and nisapprshenslou of the real
nature of the charge and OF the legal
Consequences of the alleged plea
VERT Grrs 4 RETAINER FOR TOWNS.
Justice Gerard signed the order AT
once. Mr. Towns received il gleciiIllv
and Immediately got col Scott at Sing
sing on the phone again. Col. Scott
said all right. he would telephone 10
Warden KAISER or whoever happened
20 be in charge Of the prison yesterday
afternoon and tell him to let Mr.. Vert
IN Mr.. Towns had anticipated the
Colonel- course by calling Mr.. Vert up
at Plattshurg and telling him 10 hire
special train and get over to Dannemord
so tho Assemblyman arrived at Danne-
mora early in the afternoon and marked
time waiting for permission 10 talk to
Brandt
The permission arrived little before
p. VI. Mr.. Vert was admitted immedl-
ately together with Joseph Bryant. Mr..
Towns'S law clerk who had con. up 81 a. q
with the affidavit Towns wanted Brandt
70 sign already drawn up. That won ne
race TOR Towns Brandt talk ed TO Nort
and BRYANT. signed the affidavit and
handed 70 Vert written authorization
for Miraheau l.. Towns 10 represent him
in all legal proceedings
Mr. O-horn.'- forces had not been idle
hu' they appeared 20 he a step or two
behind the Towns scouts All daV After
Mr.. Towns had secured an order from
Justice Gerard persons IN behalf Of Mr.
Osborne appeared before Judge swami
of the Court OF General Sessions and Sc
cured from Judge SWdIn all order direct
ing the admlttanCe 70 Brandt 1T ! repre-
sentative oi Mr.. Osborn. That order
was telegraphad To Col Scott. but II wa-
stated then that Judges of the Court of
General Sessions lack jurisdiction n such
proceedings Therefor" th" OrCcr We
without value Anyway, Towns man
had got to Brandt first.
II seemed perfectly clear iaSI n.Eht
however. that there wd- no i'll feeling
hetween Mr. Towns and Mr. Osborne and
that neither wanted y to appear that
ha had been engaged in al undlEn''l"d
scramble, Mr.. Osborne's friends said
that he 's quite willing 10 he assoc Ial"i
~ the case and to assist with advice
IN any way. Mr. Town. SAID that h" you'd
certainly represent Brandt and that ther"
might he some cooperation with MIR
Osborne
TOWN. ANGRy WITH ifF o. H\.r.
Mr.. Towns had got back ms temper
last night !; had suffered keruy. he ad
mitted. in talk he had with Young tom
mander de Kay. the Governors aid
Mr.. Town- wae sure tha' D. kay mad
Houtcd him
He was set IN the norlou. too. that
the i'outinG came after Mr.. It" kay had
left the pnon" for Il minute 10 talk
with somebody else who Ha- IN tho
Executive Chamber N hOany Mr.
Towns sad "mrhatical'y a't"" hanging
up the receiver
The action Of GoN. Dl> Yesterday
means that IT viii be impo--inl" to elect
. Democratic Governor - this Njai"
for the next thirty wears"
Mr.. Towns SAID thar the Governor had
acted IN high handed manner ~ rn-
fusinG 10 direct the Superintendent Of
Prisons 10 let d lawyer IL to sse Brandt
The action Of the Governor -Jld
Towns was fully in accord with the
manner in which Brandt wa- robbed of
his rights. Doesn't II look exceedingly
Suspicious thar the warden of III" prison
who was said To ha sick. should have told
tsSemhlyman Vert that he could -" any
prisoner save Brandt | know the rrbuh
| got al the telephOn" cam" from th'
Governor When I called up the tapltO
on the long distance phon" and asked
'or Gov, Dix a man answered who -ao
that his nam" was De Kay and that h.
Was the Governors private secretary.
= explained the situation "a him,
Yelling him that my representative was
hen al the Prison doors tina the MardeI
l. .H.,lt tE. q ~ mi