New-York tribune., 1912-02-13
CARMODY AND DIX BREAK
Continued from frst page.

iOntlnueu from urSt phsr'
night I don't know. That will depend
on the orders Of the court"
The first appearance Of the prisoner
in court this morning will he at the
hearing before Justice Gerard. In the
Supreme Court, on the writ Of habeas
corpus. The hearing has been set for
| 1890 o'clock, and Mr.. Towns and Mr..
| Moore hope that Brandt will he brought
here In time for them 10 have con-
| slItation with him before court opens.
In the afternoon Brandt will bc taken
| IN the Criminal Courts Building, and
Will once more face Judge Rosalsky, "ho
sent him TO prison for thirty years. when
the argument will he made for the re-
opening Of the case II Is expected thaI
Justice Gerard will take several days
! 10 consider the arguments on the VIII
Of habeas corpus. but Judge Rosaisky
| Is likely 10 be shorter time in deciding
the motion before him.
He has been weakening rapidly In the
last few days, and is no longer so nm
| novablv certain that Brandt received
lust and proper sentence and snoulh not
have new trial. He now feels that an
Injustice NAV have been done, and VIII
ueIcon,e the chance To grant retriaI
OF the case.
Attorney General Carmody VIII APP
pear for the people in the argument
before Justice Gerard and the Distrl''
Attorneys office will conduct the pe"-
PIES case before Judge Rolasky' DIS
trict ATTORNEY Whitman has been served
with a COPY OF the Application ior
writ Of habcas corpus and Will appear
in the Supreme Court by the courtesy OF
Attorney General Carmody In inc
same way Attorney General Carmody
Will appear before Judge Rosalsky by
the courtesy Of Mr.. Whitman.
In the mean time the preparations for
the John Doe investigation by the grand
Jury continue Detectives Woolridge
and TAYLOR. who have told conflicting
stories TO the District Attorney about
the disappearance Of letters and other
articles from Brandt's room, ana IN
spcctor Mclaughlin by whose order
Woolridgc Investigated Brandts career,
will be among the most important wit
nesses Woolridges report on Brandt
has since been disproved in almost every
particular.
May Go TO Federal Courts.
In the opinion OF lawyers I'm the ONCE
Of the United States Attorney. II Brahut
Is not freed on the habeas corpus proceed
ings before Justice Gerard. IN the supreme
Court tho matter may be carried 10 the
federal courts not on the ground thdt
Brandt IL an unnaturalized Swede, bu' on
the ground that his constitutional rights
az an alien have been violated In the pro
ceedines before Judge Rosalsky. when no
WAS sentenced to prison for burglary IN the
first degree.
Attorney General Carmody ssued state
ment at Albany yesterday. In which ne
| contended that Judge Rosdlsky could not
open judgment in Brandts case. i am
convinced" he said, that the Governor IS
the only person who has power to take any
action which would reopen this case
Judge Rosalsky was besieged by report
ars Yesterday afternoon at his apartments
IN the Hendrix Hudson Riverside Drive
a,d 11eth street He would not discuss the
cosa hut he again declared his willingness
| - reonen Judgment II the procedure wcrC
,ooI This IS not the first time that Judge
| ra,aIsI,, has revealed his attitude In favor
80 iustice TO Brandt. He declined however.
80 ronlv TO the inslnuations that his action
-, ,be bench might result I'm his removal.
:, a. the custom Of the District Attorney
- s,ay away from the Criminal Courts
puudinC on Saturdays. Sundays and holi
days Yesterday was an exception to his
ruio The first visitor to arrive after Mr..
,-,,,.,,,a, had hung up his hat and coat
u,og Robert NJ Moore Of Malone, who has
roarod IN several important criminal
cases
Moore Has Brandt Letters.
~ Moore talked with the District At.
-. tor an hour. He has had several
,o.,ars from Brandt and confident
/, -, urondt was innocent Of the crime
Sa. u,h,cb ne was imprisoned. Further
- prandt's own story. told in the let
- % Nr Moore, coincided with the
-. h.o,,gbt out by the District kttor-
-. ,r,.estipation as submitted TO Gov
- Tix before the Governor declined To
Hnarole mr. pardon the young man.
rh. raxt caller was Carl Fischer Han
so,, che disbarred lawyer, who appeared
Tor Rrandt when he pleaded guilty before
Judge Rosalsky
ID ,alk with Mr. Whitman related to
e. a,...,,,eorance of the Tombs register,
which showed the names oi lawyers who
conferred with prisoners during the year
,ooc ,rho District Attorney has searched
,ha C-i,,i,ai courts Building from -,arrct
To cellar for this book. but can md H.
The Tombs officials said II was taken
away on an order from former District
Attorney Jerome and never returned