New-York tribune., 1912-02-22

Justice Gerard sustained yesterday the
writ Of habeas corpus in the case OF
Folke E. Brandt, holding that Judge
Rosalsky acted without jurisdiction In
sentencing prisoner for crime to which
he did not plead guilty, and It Being
plain that the prisoner did not admit he
had committed it.t
Brandt remained a prisoner in the
Tombs last night, but II was announced
that an application for his release on
bail would be made, probably before
Justice Gerard, tomorrow morning.
Governor DIX dechnsd TO take any
action in the case until he received a
report from and conferred with Richard
L. Hand, his special commissioner. Mr'
Hand said yesterday that his trip 70
Albany had been delayed. but that he
had arranged by telephone to Albany 70
have an audience with the Governor TO-
dav at noon. He will leave this city this
morning.
1t was reported from Albany last night
that the Governor had said he Would
nardon Brandt if Commissioner Hand SO
recommended. When Mr.. Hand was toid
of this report, he said:
at is no part of my function In TINS
case TO make recommendations. am
going to Albany tomorrow morning 10
return TO Governor Dix certain papers
that were placed in my custody. MY
Junction Is only to take evidence and re-
mort 10 the Governor. / shall not make
any recommendation"
Attorney General Carmody, In long
opiniou submitted TO the Governor last
night. contended that while Brandt may
have been guilty of crime. there was
No evidence in support of conviction for
burglary, first degree. Brandt ne says
IS not the important factor in the case
That factor he declared was: WIN the
forms ordained by the constitution ior
escertaining guilt be OBSERVER
District Attorney Whitman explained
that Brandt's status, when the Gerard
decision is filed, will be that OF pris-
oner Indicted on two counts aWailins
trial One of those indictments, the one
for burglary In the first degree, has oeeh
pronounced illegal by the supremo
court and as to the other, the one Tor
fo,onious assault, Brandt has now served
time enough to justify its dismissal
sehiff Counsel Write to Dix.
Alton 3. Parker and Delaney Nicoll
united In telegraphic appeal, supple
mented by long letter. asking Gov
ernor Dix to broaden Commissioner
Hands powers so that the Commis-
eioner could permit them TO examine
prandt's appeals for clemency and admit
&C witnesses Mrs. Schiff, Mortimer l..
ccbin and Howard S. Cans. They asked
Cor hearing before the Governor TO-
morrow to present an oral argument on
the question. Their telegram was as
follows: ,o,o
Hon John A. Dix, Governor, Executive
TIT innmirv before Special Commissioners
Richard L. Hand was suspended yestetuas
On the absurd ground that voluhteer WIZ.
nesses can ever have immunity unusi
statute providing for the procurement ol
.s,Innony by compulsion. We desire 10
move before you on Friday next, AT ~ o clocs'
Tor amendments to the commission proao
nntno the inquiry so to INCLUDE all PEE
.itin5e and reports relating to the prlson-
w nannllcations for clemency and Tor such
other extensions as viii enaple ny 70 p"SSs
before the commissioner the tuii sto,S @ ' ~
ali lis details Unless you SIGNIFY 10 thS ~. say
trary we will appear before you on .,ay ,ne nay
I'D hour named and beg that the Attorney
General the District Attorney ana spec's'
Soonnmissioner may be notified. forhai ap-
niication follows by mail. ,,>rp
DE LANCEY NlCOLL.
The grand jury investigation Of the
circumstances surrounding Brandts
neculiarIy sudden and heavy sentence
,,JlI continue tomorrow. and In view
~, tho nubIic statement forced from the
p,strict Attorney in the Hand INQUIRY
e. Is expected that one and possibly
two indictments will follow.
Appeal, from Decision Probable.
rustice Gerard's decision practically
oLes a free man OF Brandt. provided
,ho decision is sustained in the higher
courts. But Brandt's freedom through
,h,s method would be matter OF some
,voa,,s IN the future, at the earliest anc
a. might be a matter of several months