New-York tribune., 1912-02-14
CARMODY URGED
PARDON OF BRANDT

: the phrase "in reference 10 the report OF
Woolridge" and his letter ends with
| these words MY idea is TO have such a
report of his character submitted as will
make necessary the imposition OF long
sentence"
| When this matter was put up to Mr..
| Cans last night he dismissed II with tho
statement that its all folderol"
RossIsky's Hearing Protested.
The action In Judge Rosalskys court
yesterday afternoon was taken over the
emphatic protest of the District Attor-
ncy AMI Mirabeau L. Towne. who joined
in stating that they had agreed with
Supreme Court Justice Gerard that all
other proceedings should be adjourned
until decision was rendered on tho
writ OF habeas corpus. Attorney General
Carmody. who was also a party to this
agreement. was so satisfied that no at
tempt would be made by Judge Rosalsky
to reopen the case until Justice Gerard
had disposed of his part of it, that he
did not appear at the Criminal Courts
Building IN the afternoon.
Both Justice Gerard and Attorney
General Carmody we're evidently amazed
when informed that Judge Rosalsky had
entertained and granted the motion TO
set aside the verdict Mr.. Towns. who
Informed Justice Gerard of the step
taken by Judge Rosalsky told him thst
the recoro would show that the judge
overrode the objections of both the Dis
trlct Attorney and the prisoners counsel
1t is felt that Judge Rosalsky realized
the limitations placed on him by justice
Gerard's action from the closing sem
tences of the official minutes OF the pro-
ceedings, wherein it Is set down that
Judge Rosalsky called for the presence
of the prisoner, and on being informed
that he was in the Tombs, carried on
few minutes earnest conversation with
the lawyers, including Alton b. Parker
who was present as the representative OF
Mortimer l.. Schiff. and then announced
that the defendant would not be sent
for" ard that he would adjourn the case
until Tomorrow afternoon"
The legal group which is arrayed IN
Brandts behalf pointed out that though
the end to be attained was much ths
same. whether by the proceedings be-,
fore Justice Gerard or by the proceed
ings in Judge Rosalsky's court tbe
means of attainment had a big bearing
on the future investigation of the way IN
which Brandts conviction and sentence
we're obtained. II Brandt were freed by
order of the Supreme Court the suDse-
ouent investigation into the conduct Ok
his former trial would proceed unhamp-
cred, whereas II he were taken again oe-
fore the bar of the Court OF Gencrat
Sessions on Judge Rosalsky's decision
setting aside the previous verdict 'hae
proceeding would necessarily AFFECT any
Investigation OF the previous case, which
would thereby be declared unfinished
Two Law Officers Agree.
Roth the District Attorney and the At
torpev General believe that there is a
grave legal question as 10 whether the
proceedings in Judge Rosalsky's cours
Yesterday can influence the case In any
wav. Also these two law officers OF
county and state believe that 1t VIII be
,mnossible for a judge Of the General
Sessions Court TO bring Brandt before
him now while he is legally In the GUS
" of the Supreme Court.
Further than that II is said by thu
lsvyers connected with the case that any
keeper in the Tombs prison who allowed