New-York tribune., 1912-02-14
BRANDT CASE DRAWS CROWD |
Valet Sent to Tombs Pending
Habeas Corpus Decision.

l
ae II was Yesterday when Justice Gerard
listened 10 argument on the writ OF habeas
corpus which was the opening gun IN 'he
legal battle for the release OF Brandt
Mrabeau l.. Towns appeared as counsel
| for Martin F. Huberth. friend OF the con
victed man, who was the petitioner IN the
rroc eeding, and he made an appeal tor the
undong of what he termed "a vile ana uh-
righteous act"
n, cited innumerable cases TO prove the
soundness OF his stand in asking the su-
IRENE Court TO review the case ana set
aside the verdict Of the jury In the Court
! ,f General Sessions, where Brandt was con-
vIcted. and analyzed the history or the
bobcas corpus. often with touches or hu-
NOR. irony and sarcasm that set the crowd
ed courtroom in a roar Of laughter.
Mr. Towns attacked the action OK Judge
Rosalsky without mentioning him py haiile'
arguing that he had no jurisdiction IN inc
| case I'm the first place.
! All these arguments. however, really were
only supplemental TO the voluminous papers
| i'm the case which the attorney submitted 10
the court. They included the indictment OF
Erandt and the testimony taken at his trial.
| from which Mr.. Towns quoted to prove MS
| assertion that Brandt never could nave
been guilty Of burglary In the first degree
of which crime he was convicted.
And Attorney General Carmody. who rep
resented the state, while he asked delay to
| enable him to consult with the seVeral per-
sons interested in the case. said he wanted
| II understood that in no way dld ne WIS"
| 10 lnterpose any technical objection 10 the
, liberation Of the prisoner. In fact' there
we're circumstances, he said, that demand
ed a thorough investigation OF the case
and he wanted il for the dignity OF 'he
judiciary and the honor of the city ana
state Of New York.
Mr. Carmody did not think that the
Labeas corpus proceeding was the proper
move He favored a resubmission or the
case 10 Governor Dix. There we're certain
circumstances. he said, that were not caiied
&c the attention Of the Governor when the
case was originally submitted to him.
Tho public interest in the case OF the
Young Swede was shown by the croWd thaI
stormed Part II. Special Term OF the su-
preme Court, where the case was sched-
uled To be heard. Long before the hour set
for the proceeding the interested or curl
Gus went troOplng in. and II was necessary
10 cali into service several additional court
attendants to preserve order
Half an hour before the case was TO be
called every seat In the courtroom was
occupied, and many persons, moreover
were standing. while the overflow made
passage I'm the corridor impossible.
The arrival OF Brandt from Sing Sing
was so arranged that he was taken direct
" to the Supreme Court He was hand
cuffcd TO W A. McCabe, confidential agent
Of the State Superintendent OF Prisons ana
WAS accompanied by Warden keiscr or
Dannemora Prison. The three entered the
subway and went to the County Court
house The dapper-looking Swede was the
object OF much attention on the way down
from sing Sing and at the Grand Central
Station. He did not enjoy this attention.
II was with much difficulty that the trio
made their way through the crowd when
they arrived at court, and once inside the
prisoner was so surrounded that only a
few I'm the room could see him. BY the
time that Justice Gerard was ready to go
on the bench even the justices entrance
TO the courtroom wds choked up. and he
too, had to have a buffer make way for
him.
The immense crowd that was attracted
TO The courtroom included few women,
among whom was Mrs. William X. Van
derbilt, jr. IT was said that Mrs Mortimer
L. Schlff was a visitor to the justices
rooms, but this report was found TO be
untrue. s.-.
At the counsel table besides the chief
actors were District Attorney Whitman and
his assistant, Mr.. Johnstone; James w.
osborne, Robert NJ. Moore and AxeI
Josephson, representing several Swedish
clients interested in the liberation of
Brandt
The only person identified in the case
with Mr. Schiff 10 be present was Howard
Gans. :.r. ..,tts. ....
Attorney General Carmody began the
proceedings with an objection TO the sus-
tanning of the writ, saying that this pro-
ceeding was not applicable.
However" he went on, 81 do not wish
TO press the objection. i make 1t simply
to comply with legal requirements. We
have no wish to impede this case. We
wish to further in every way thorough
investigation of this remarkable case.
Mr. Towns entered his objection to any
delay. saying he hoped to see Brandt re-
leased I'm the next two days.
Justice Gerard sustained the counsel for
the defendant and ordered the argument TO
proceed Mr.. Towns questioned the motive
OF tho Judge In his examination OF Brandt
and said: 81 think IT is evident to every
body who has read this transcript that the
judge seized upon one isolated fact as
conclusion"
Attorney General Carmody renewed MS
argument, saying that while Mr.. TOWNS
appeared for one client no appeared TOT
10000 TO whom the question involved was
vital lie said that Governor Dix was not
a lawyer. and he regretted that Mr.. Towns
could not have pointed out to him the abb
surdity of the record of the case.
Justice Gerard reserved decision saying
he was not sure he had jurisdiction in the
case, and committed Brandt to the Tomos
IN await tbera bis disposition OF the ques-